No problem, just didn't want to see you heading off on a path where you weren't fully aware of your legal position.
In all likelihood, you've got a clear read on the situation. If you've no problem with the moral / ethical / legal concerns as they may be, then there's no reason why you wouldn't profit substantially for at least a while or indefinitely from such an arrangement.
I wish you good luck in any case!
Topic: [DELETED] (Read 5362 times)
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Turns out there is nothing in the TOS that states you cannot hire a subcontractor. Looks like my assumption was wrong.
Quote from: TextBroker US Terms of Service
XXIV. No Assignment
Neither these Terms Of Services nor any rights or membership granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
http://www.textbroker.com/us/author-tos.phpNeither these Terms Of Services nor any rights or membership granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
Just as a point of interest. There are also several other areas of the ToS which you are breaching by doing this, including:
Quote from: TextBroker US Terms of Service
XII. Usernames and Passwords
If a username and a password are given to you by this Site, they shall remain the sole and exclusive property of this Site and are issued to you only in the form of a revocable license. You are required to keep the username and password confidential.
If a username and a password are given to you by this Site, they shall remain the sole and exclusive property of this Site and are issued to you only in the form of a revocable license. You are required to keep the username and password confidential.
Also right at the beginning, the definition of the author and the services, and the reason for identity verification.
Quote from: TextBroker US Terms of Service
III. Access to this Site; registration
1. To access this Site or some of the content it offers or provides you with, you need to first register with this Site and provide us with certain registration data (name, address, e-mail address, etc.) or other information. Such a registration is in particular necessary if you as an author want to publish texts, lyrics or articles through this Site and want to use the corresponding services of this Site. For registration, please use our online form on this Site.
2. After registration we will verify the e-mail address you provided us with. We will then ask you to write a short first text to judge your writing skills. After reviewing this text we will open an author account on this Site for you.
3. The registration data or other information you provide us with MUST be accurate, current, and complete. If this turns out not to be the case, this Site has the unconditional right to refuse you further access to this Site or any of its content or services, and to terminate or suspend your access to or membership with this Site at any time.
1. To access this Site or some of the content it offers or provides you with, you need to first register with this Site and provide us with certain registration data (name, address, e-mail address, etc.) or other information. Such a registration is in particular necessary if you as an author want to publish texts, lyrics or articles through this Site and want to use the corresponding services of this Site. For registration, please use our online form on this Site.
2. After registration we will verify the e-mail address you provided us with. We will then ask you to write a short first text to judge your writing skills. After reviewing this text we will open an author account on this Site for you.
3. The registration data or other information you provide us with MUST be accurate, current, and complete. If this turns out not to be the case, this Site has the unconditional right to refuse you further access to this Site or any of its content or services, and to terminate or suspend your access to or membership with this Site at any time.
As a matter of FACT, they are unlikely to discover that you are farming out the work. But as a matter of law, the ToS do both explicitly AND implicitly stipulate that you and only you are to do the work, that you are not to re-assign any of the rights or privileges granted to you by the site, that you must protect and keep confidential your username and password, etc.
I don't particularly care one way or the other, because it's none of my business. But you should realize that you are substantially breaching both the contract and the law (criminal potentially, civil in the form of contract law definitely). What you are doing could constitute a fraud, although I strongly doubt it would be prosecuted that way in the US. The law on fraud there generally seems to be more concerned with situations where a loss occurs (for TB) rather than simply yourself gaining a benefit (Disclosure: Not an expert on US fraud law, and not bothering to do a careful search through the relevant case or statute law, because it's not really my concern. That line is 100% opinion and could be incorrect). Again, you are (in my personal estimation) unlikely to actually face legal repercussions for any of this; in the event that the site operators 1) find out and 2) Actually care, they will probably just shut down your account and any dummy accounts which they have reason to suspect that you have commissioned.
If they DO decide to make some claim for damages, though - you're on the hook not only for any damages assessed but for their and your legal fees also. Variable with state - I think this agreement stipulates legal proceedings in the state of Wisconsin, and I don't know the case law in that state particularly. But I'd guess this clause would fly.
Quote from: TextBroker US Terms of Service
XXIII. Attorney's Fees
In the event any party (you or this Site) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms Of Services or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.
In the event any party (you or this Site) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms Of Services or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.
Bottom line is that in all probability you'll get away with it, at least for a while, and if you are found out, you'll probably just get banned. But there are bigger and badder penalties available, and your transgression against the ToS isn't as slight as you seem to suggest.
I am not trying to pick at you - I have no interest or intention of dissuading you from undertaking this thing, but you seemed to actually believe that you were opening up no legal liability for yourself by doing this. If you believed that, that belief is false.
As long as you recognize the scope of your potential liability here, and provided that you're cool with intentionally breaking each of: TB's rules, the contract between you and them, and the relevant law.. then I genuinely wish you the best of luck in your endeavour. You'll probably make some decent cash, at any rate.
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I'm not sure if you read the post, but the only rules that are broken are the rules on TextBroker's website. To state that this is somehow an illegal operation is rather disingenuous. If you could go into more detail about your concerns, I would be happy to take them seriously.
Okay, so the only rules broken are the rules of the service you're using. This is kind of the point, not much more to address.
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This was a problem that I actually thought about a few weeks ago. Then I realized that the person who fills out the W-9 is only liable for the 5% cut as they can write off the payments that are sent to me.
Except in those jurisdictions and circumstances where they can't, in which case you're going to put up their fines and generally indemnify them because you're qualified to dispense tax advice over the Internet etc.
You'll probably take this the wrong way, but at any rate more reading would be a better use of your time than coming up with "ideas", business or otherwise.
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Just wanted to chime in with an update. After getting some responses from people it turns out that this may be a better option for non-Americans. I do not think that there is as much ID verification needed with non-Americans, so I just wanted to throw that out there. I have not gone through the registration process on the international version of the website on my own, so I am not entirely sure what they require. The US version of TB usually requires a W-9 and some kind of proof of ID for you to be approved.
I dont think your 5 percent would cover the Implied taxes if you are filling out a w9?
In general check cashing services are pretty much a felonious use of one's time.
A disclaimer for people who would be temptated to take the offer: you will be responsible for the content you post on behalf of OP and OP's associates. If any content turns out to be illegal or very controversial (ripp-off of someone else's content, libel, apology of racism / terrorism etc.), you could end up in serious trouble.
What kind of volume are you currently handling? At a 5% commission, I would be interested in a general idea of your current volume to see if the time investment/risk is aligned.
I got an account in Textbroker.fr, dunno if you're interested ^^ that obviously for people writing in French.
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Scrapped plans for this business idea.
Scrapped plans for this business idea.
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