Fill and Sign the Compliance Checklist Company Form

Compliance Checklist for Company Websites I. Website Design and Development and Set-up A. Agreement with Web Developer 1. Work for Hire – Company retains all rights, especially rights in intellectual property 2. Control and indemnification obligations 3. Ownership of the domain name B. Other Agreements -- Agreement with web hosting company/ASP agreements C. Website Use 1. Terms and conditions of website use 2. Interrelation with privacy statement D. Other 1. Process for checking links, databases and E-mails systems for functionality 2. Website instruction (i.e., instructions to refresh images) 3. Legal infrastructure II. Company Set-Up/Structure A. Situs Issues 1. Nature of business entity a. Corporation/partnership/limited liability company/other b. Single entity/multiple company structure 2. Location of Equipment a. Implications for Taxation and other issues (i) Personal property tax issues (ii) Compliance with state “sales tax” requirements 3. Physical Presence of Company/Company unit a. Does location of equipment vs. location of physical offices constitute “doing business” in a particular state or taxing jurisdiction for purposes of real property/state income/state franchise/sales taxes b. Does existence of website constitute “doing business” under state law? (i) “Qualification to transact business” under state corporate or similar “doing business” laws (ii) Licensing laws (iii) Compliance with federal/state “sales tax” requirements c. Personnel -- Implications of the presence of personnel in a state on the above issues (i) Employees (ii) Implications with affiliates B. Interaction with Third Parties 1. Affiliates and Non-Affiliates a. Who gets credit for the “hit,” the “inquiry” and the “sale” b. Payments to others without sales c. Commission arrangements for sales 2. Contracts with vendors/suppliers -- Can Company get the product/service to the consumer 3. Fulfillment/outsourcing requirements C. Obtain (and disclose if required) Federal/State Licenses Required to Operate 1. Regulated industries -- Contractors, professional engineering firms, common carriers, pest control companies 2. Regulated persons -- Accountants, lawyers, doctors, engineers III. Intellectual Property A. Company Property 1. Use of registered marks a. Company’s names, logos, taglines b. Use of other party’s registered trademarks 2. Use domain names 3. Information provided on the Website a. Is Company inadvertently disclosing “confidential” or “proprietary” information b. Use of information obtained from third-parties 4. Blogging policies a. Compliance with the Company’s confidentiality policy b. Use of Company’s time, computers, and/or network c. Defamation and other liability issues d. First Amendment rights e. At-will employment 5. Copyright of Website materials 6. Policy for infringement and dilution/knock-off sites 7. Linking/framing issues B. Third-Party Intellectual Property 1. Does the Company have adequate rights to use that property? a. Web development agreement b Third-party license c. Proper use and Attribution of third-party marks and copyrighted information 2. Joint marketing agreements 3. Linking/framing issues 4. Publicity issues C. Web Technology 1. Technology, software, internet methods and processes a. Owned/developed by the Company (i) Patent and copyright rights b. (ii) Licensed from third parties 2. Does use of website require use by customer of special processes/software? (e.g., required use of Adobe Acrobat to “read” Company files) a. Method for download/use b. Required licenses and terms of use