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What Is a "Marketing Plan" Under New York Franchise Law?

Under New York law, a "marketing plan" is defined as "advice or training” that is provided by one party to the other pertaining to the sale of any product, equipment, supplies, or services. The advice or training includes preparing or providing:

  1. Promotional literature, brochures, pamphlets, or advertising materials;
  2. Training regarding the promotion, operation, or management of the franchise; or
  3. Operational, managerial, technical, or financial guidelines or assistance.

Knowing what qualifies as a marketing plan is important because the existence of a business relationship that involves a marketing plan is a factor in determining whether or not a franchise relationship exists under New York law. Another factor that determines whether or not a franchise relationship exists is whether or not the relationship involves the payment of a "franchise fee."

Learn more about New York's franchise laws and registration requirements.

Charles Internicola

by Charles Internicola
National Business and Franchise Lawyer

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