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Domain Name Transfer Agreement
Domain Name Transfer Agreement
For most people, buying and selling domain names is a fundamental income provider for their business model, as such, you should ensure that when buying or selling domain names you should have a legal contract to assist in the transfer of sale.Domain Name Transfer Agreement.
This Agreement is made on the Day of 2001 between:
(1) [Your name and address goes here]. (hereafter referred to as the assignor) and;
(2) [The buyers name and address goes here]. (hereafter referred to as the assignee).
RECITALS:
(a) The parties have been in discussion concerning the transfer to the assignee of the registration of the designations ‘[full domain name goes here]’ and ‘[further domain name goes here]’ (whether in lower or upper case) hereafter referred to as (the “domain names”) as website addresses on the internet.
(b) The parties wish to reach a mutually acceptable arrangement in relation to such discussions.
Now therefore, in consideration of the parties’ mutual covenants and undertaking, the adequacy and sufficiency of which are acknowledged, the parties agree as follows:
1. The assignor hereby agrees to assign, and/or cause to be assigned, to the assignee the domain names. The assignor shall do such things and execute such documents as reasonably requested by the assignee at the assignees expense to perfect such assignment and shall comply with the standard requirements of [insert domain name registrar here] as in force at the time of this agreement.
2. In consideration of the parties mutual obligations under this agreement the assignee agrees to pay the assignor the sum of $$ [Amount in words goes here] [currency goes here, Dollars, Sterling Etc] immediately following notification that all of the domain names within this agreement have been recorded at the relevant registries as in the ownership of the assignee thereby evidencing the transfer of the domain names to the assignee.
3. The assignor, whether through himself, any alias and/or his servants or agents shall immediately cease and desist from and shall not resume using the domain names or any other designation whether a trade or service mark, trading name or domain name that contains words colourably similar to that of the assignee.
4. The assignor further agrees that he shall not, directly or indirectly, individually, through any alias, or in conjunction with any person, firm or corporation, apply to register any trade mark, service mark and/or any other word or words colourably similar to any such trade names or marks.
5. The assignor further agrees that he shall not, directly or indirectly, individually, through any alias, or in conjunction with any person, firm or corporation, apply to register any trade mark, service mark and/or any other word or words colourably similar to any such trade names or marks, cause enable or assist any third party to do the same.
6. The assignor represents and warrants that it has not, directly or indirectly, through any alias or in association with any other person or entity, filed, reserved, received or granted a transfer of license of any domain name that contains the trade marks or any word or words confusingly similar thereto in any country or federal, local government, region or state authority, or with [insert domain name registrar here], or any other internet registration agency. The assignor covenants that it will not, whether through himself, any alias, through his servants and/or agents undertake any such registration, filing, or reservation or cause or assist any such registration, filing, or reservation to be made, by itself, or in connection with any other person or entity.
7. The assignor represents and warrants to the best of its actual knowledge, as of the date of its execution of this agreement, that:
(a) The assignee has the right to dispose of the domain names;
(b) The assignor has not received notice of any existing or threatened claims or proceedings by any third party other than the assignee relating to the assignors use of the domain names;
(c) The assignor has not received notice that the domain names are subject to any outstanding order, decree, judgment, stipulation, written restriction, undertaking or agreement that would prevent the assignor complying with this agreement;
(d) The domain names are not subject to any lien, charge, security interest, mortgage, third party interest or other encumbrances;
(e) The assignor has not granted any licenses to or authorized any third parties (including any affiliate of the assignee) to use the domain names or any other confusingly similar domain names; and
(f) The assignor, does not own directly or indirectly through any alias, third party or likewise any other domain name containing words similar to that of the assignees.
8. Each of the parties hereto warrants and represents that the person (s) executing this agreement on its behalf has full authority to execute this agreement and bind it as a party to this agreement.
9. The terms and conditions of this agreement shall be maintained in confidence. No party may disclose such terms and conditions to any third parties other than to the attorneys, accountants, officers or members of the boar of directors of the assignee or assignor or otherwise without the express written permission of the other party.
10. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, clients, licensees, representative, successors, predecessors, and assigns. In this agreement words denoting persons shall include bodies corporate and unincorporated associations of persons and vice versa.
11.This agreement incorporated herein constitutes the entire agreement of the parties. It may be modified only in writing signed by both parties. This agreement may be executed in one or more counterparts, all of which shall constitute a binding agreement when one or more counterparts have been signed by each of the parties.
12. This agreement shall be construed in accordance with the laws of the [Your country goes here, United Kingdom, United States, Etc], and the parties hereto submit to the non-exclusive jurisdiction of the courts of the [Your country goes here, United Kingdom, United States, Etc].
13. Both parties acknowledge that if either party violates all or part of this agreement the other party may seek legal remedies to restrain any further violation of this agreement and in such a case, the violating party will be wholly liable for the cost of any such order.
Signed by: ……………………………….. Date: ………………………..
For and on Behalf of [Your company / legal name].
Signed by: ……………………………….. Date: ………………………..
For and on Behalf of [Buyers company / Legal name].
Article written by Lee
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How To Claim Back European V.A.T
With the recent legislations requiring US businesses to charge Value Added Tax to EU Member state customers for purchases of digital product / image downloads there are many new questions going around enquiring how companies and small business owners can claim the VAT back this is what we will look at in this brief article – The basics of claiming back your VAT from Europe.
What Is V.A.T?
Value Added Tax (VAT) is a consumption tax levied on goods and services in many countries across the globe. Over the last decade, legislation in the tax systems of Europe, Canada, Japan and South Korea allow for a refund for the majority of non resident entities, worldwide to a refund of VAT in most instances however, especially in the business world, registration must be achieved prior to claiming back your VAT and, preferably before the purchase of Vat able goods takes place.Who Is Entitled To A VAT Refund?
Most businesses will be entitled to receive a VAT refund however, as the laws vary from country to country, the best way for you as a business owner to find out the laws as they affect you is to contact your company accountant who, should be knowledgable enough to inform you of what you need to claim back from each of the EU member states where V.A.T has been charged.What Products Can I Claim V.A.T Refunds For?
Most typically value added tax recoverable expenses can take form as one or more of the following items:Business Property Expenses.
Transportation Costs.
Inter-company Billing.
Marketing + Promotional Services.
Exhibitions, Conferences + Business Meetings.
Importation V.A.T.
Digital Downloads (Business Related).How Do I Register For V.A.T?
When a company inside the domestic US conducts transactions in the EU countries where value added tax registrations may be required the registration for the VAT refund should be done prior to the transaction taking place however, on occasions which vary from individual EU member states this registration process may be done retroactively. By becoming registered to claim your VAT back the company is legally required to d the following:1) Register for the VAT in the EU country where the transaction takes place.
2) Account for VAT on all invoices or receipts issued to your European customers.
3) Deduct the V.A.T incurred from your European suppliers of goods or services.Value Added Tax – An Overview.
When all is said and done, other than the obvious need to increase your pricing structure for certain global markets registering for and, charging value added tax actually has a great deal of benefits. You now get to claim addition refunds from any expenses that you incur from the day to day running of your business, your promotional activities become vat’able so you can now increase the level of global marketing you do and, claim full value back from the EU member states (where applicable). basically, registering in the EU member state will enable your business to grow on a global scale and, at the same time, afford you the luxury of being able to market your goods and services to a greater client base at virtually no cost to yourself this is a good thing especially when you take a look at the growth that international internet usage is making each month.Article written by Lee
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Billing Solutions For International Surfers
We all know the lifeblood of the webmaster is to be able to accept credit cards for site access however, with the global markets emerging more and more, many webmasters still do not realize that they can accept credit cards from international countries at little or no extra cost to themselves or, their business.
Presuming you already have your sites translated into a selection of global formats you need to make sure you can process foreign transactions and, these should be handled differently than regular US based credit card users however. This is what we will approach upon in this article.
The main reason we own our businesses is to turn a profit and, from a profit making point of view is just how the details below will enable you to benefit your long term global business.
The first step you need to take in order to correctly ‘charge’ your international customers is to ensure that you are sending them to the right language, after all, over 70% of internet users can not speak English, let alone read it. This is where having some geo-scripting comes in handy on your join page, the second the surfer hits this page he (or she) will be directed to a localized version of your join page.
Now that you have the surfer on your join page you also need to ensure they have a variety of options available to them to actually finalize the purchase however, you should also ensure that, if they want to view your join page in another language, that they have this as an option too.
Some alternate payment methods for your international customs could include one or more of the following, PayPal, JCB, Mastercard, Discover, Maestro, EuroDebit, Checks and, of course, a dialer.
I would however use the dialer as a last minute option should their chosen method of payment not be accepted.
Even though you may run a ‘recurring’ based site, you might not want to have your foreign surfers recur and risk having their card declined when it comes to authorizing your charge next, for this reason you may like to add the option of a 3 month membership or perhaps a 6 month membership however, make sure you lower the cost of this membership in relation to buying a monthly membership, this might just be the clincher you need to close the international sale.
As with any purchase the after sales support is also needed, especially if you are wanting your international customer to rebill for several months and, trust me, they WILL rebill, often for in excess of 6 months. They pulled their credit or debit card out for a reason and, they will stay if you can give them more reason too.
With any type of sale a follow up is always good, many sponsors and processors send out an email automatically upon sign up, however, how many of these emails are written in the surfers native tongue?
In conclusion, when dealing with international customers you should cater to them NOT make them cater to YOU by doing this you will ensure the longevity of your international business.
Finally, if you have any type of online business you should carefully consider the global market place as it is growing a rapid rate with millions of new international surfers coming online each year this would be a bad business choice on your part if you were not to cater for them.
Article written by Lee.
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Using JavaScript To Auto Scroll Text
Using JavaScript To Auto Scroll Text.
There may come a time when you would like to have some text on a page that is simply just to big to fit on a single page. Of course, you could always create a new document for this text but, what if you could make the text actually scroll through the surfers browser?The following JavaScript will do just that.
Place the following section of JavaScript coding between your <head> and </head> tags:
<SCRIPT LANGUAGE=”JavaScript”>
<!–function scrollit() {
for (I=1; I<=1200; I++) window.scroll(1,I);
}// –>
</SCRIPT>Along with the following JavaScript coding someone in the Body of your page:
<FORM>
<INPUT type=button value=”scroll” onClick=”scrollit()”>
</FORM>Have a play around with the numbers in the first section of the JavaScript to speed up and slow down the rate of scrolling until you find a speed that is easy on the eye.
Article written by Lee
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Message Boards – Getting The Postings
There are plenty of free scripts available on the web which will enable you to start your own online discussion forum.
However, having the most sophisticated and advanced features in a forum does not mean it will be successful by any means. It is the people who post on the forums that make them good not the scripts used to maintain them. This article is dedicated to getting people posting on your forums.
It can be really quiet on your forum especially at the beginning when there are no real discussions going on, this is because people don’t want to be the first to post. They want to see some topics that interest them already being discussed, they want to be able to read through some posts first before having to post themselves. With this in mind, you should also be aware that just because a forum doesn’t seem busy, it can in fact get thousands of hits a day. Lurkers make message boards what they are, and, for this reason alone you should act professionally and courteously when making posts on any forums, one day, you might have to do business with one of these so-called ‘lurkers’ and, if they have seen you in a bad light on a forum, the chances are they wont want to know you. So what do you do to get your message board off the ground? There are a number of things actually and, some of these are as follows.
First of all, make sure the signup process is as simplistic as possible, even better, ensure if the user doesn’t want to register, they don’t have to! To attract people to post on your boards why not get a few of your friends together and start some discussions of your own, you could even register a couple of different usernames so that your forums look busier than they actually are thus cementing the thought that your forums are active and will have worthwhile discussions taking place.
To find some current topics for your forums why not visit some of the other message boards and see what people are discussing, if a topic is receiving a lot of interest, post about it on your forums. This is especially a good idea if your forums are specific to one area after all, if your competitions forums posters are interested in this topic, your forums users will be too.
Another great way to get people to start talking on your discussion forums is to use a contest. For example, currently on European Webmasters we have a content giveaway whereby for each post you make you gain a point and, once you have reached a certain level of points you will be able to download exclusive content sets. If you are going to start a competition then make sure people are aware of it, post some information about it online and get something to giveaway that everyone wants.
One other method to get additional posts is to put up subject lines and links to the topic threads from your main website page. Again, if you publish articles on your site create a link to your discussion forums and invite people to openly discuss the articles in question, not only will you get people posting on your message board but, you will also gain invaluable information from your user as to what they look for and want in articles you write.
If you publish a newsletter, again, this is another great way to build interest in your message board. Simply ask them to post, tell them you are building up a great resource and, you need their help as much as you need theirs to make this happen. If you have provided them with high quality information in your newsletter the chances are they will repay you by posting on your message board.
In conclusion, you should basically try and plug your message board wherever you can by doing the above, create banners for it and display them on your website, place a note in your signature file encouraging people to visit and post if they require assistance with anything. Its hard work but, once you have a few regular posters it will take off.
Article Written By Lee
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The Curse Of The Broken Image
At one time or another we have all done it, uploaded a new site only to find out that when we view the page in our browser one of the images are broken because we either didn’t link it properly or the filename wasn’t named correctly on our server.
We may think that this is a bad thing however, recent experimentation on my part has found quite the opposite.
We all search for new ways of getting the surfer to visit our sponsors in order to have them buy a membership and earn us a nice little slice of $$$ in the process but, what methods could we use that quite simply are overlooked?
One such method is that of utilizing broken images, lets be honest here, no-one wants broken image son their site, it makes the site look unprofessional but, lets think about this, on a page full of banners and graphics all nested together neatly on an FPA (Full Page Ad) what’s more likely to grab the surfers attention, a completely loaded heavy bandwidth graphic or a single solitary broken image placed in a such a spot the surfer actually notices it?
Makes you think doesn’t it. Our recent testing of this method has actually shown that our CTR (Click Through Ratio) rose slightly on a couple of sponsors we used this method on all of the sites in question had nice looking text and banners with corresponding thumbnails leading tot he full size image but, upon deliberately leaving an image off the server thus resulting in the ‘appearance’ of an erroneous broken graphic the spot where that image should have been was were a great deal of our click throughs came from.
I am not saying you should immediately go and delete all graphics from you pages but, a single, well placed broken image on a free site can work wonders in getting traffic off your site and to your sponsors pay site tour which ultimately, is what we want to happen at the EARLIEST possible time.
Article written by Lee
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Organizing Your Hard Drive And Server
We have probably all done it at some point, we get in such a hurry to upload our new site that we have just spent the last 20 minutes building that we don’t think about maintaining the site at a future date or, worse still, we need to change a site we built 6-8 months ago and can not remember where we uploaded it to.
By organizing your server from day one of your steps into becoming a webmaster you will, inevitably, save yourselves a lot of time in the long term future of our business model.
Lets take a look at how we can accomplish this ‘organization’ though.
On your hard drive you need to have a ‘central’ location for all of your online files and folders, what better place to keep this than in a folder named ‘Online’ of course, this is just an example but it will son become apparent to you that this is probably the most logical folder name to use.
Now, within this folder you are also going to need to have a few sub folders, i would suggest using a folder for each of the domains that you own so for example, for your first domain, you would name it myfirstdomain.com, your second would be named myseconddomain.com etc.
Within these domain folders you will also need to have a selection of sub folders again, I would suggest names for these folders such as /html/, /scripts/, /articles/, you are now well on the way to organizing your server.
In addition to these sub folders you will also need to create sub folders for your images that you will be using on your sites, I would suggest using the names /banners/ and of course, /images/ for these two folders, you now know that the /banners/ folder contains all of the buttons and banners you will use on your sites and the /images/ folder contains all of the .jpg and .gifs you will use. Inside the /images/ folder, it might also be advisable to create a sub folder called /thumbnails/ which, you can store your thumb nailed pictures in if required.
One other advantage to organizing your folders and sites in this manner is that over time, it will assist you when it comes to dealing with hot linkers. Instead of having to find the paths to all of your individual image directory, you know instantly where you put them, without the need of logging onto your server.
Ok so you now have a semi-organized folder structure on your HD, so far we hopefully have a folder structure that looks somewhat like this:
C:/online/myfirstdomain.com/
C:/online/myfirstdomain.com/html/
C:/online/myfirstdomain.com/scripts/
C:/online/myfirstdomain.com/articles/C:/online/myfirstdomain.com/html/Banners/
C:/online/myfirstdomain.com/html/Images/
C:/online/myfirstdomain.com/scripts/Banners/
C:/online/myfirstdomain.com/scripts/Images/
C:/online/myfirstdomain.com/articles/Banners/
C:/online/myfirstdomain.com/articles/Images/So, hypothetically, if you created a article called ‘Article One’ you would find this in the following place on your HD:
C:/online/myfirstdomain.com/articles/articleone.html
See how easy that was to find on your hard drive?
Of course, on your server the folder structure will be no different so, your structure will be mirrored EXACTLY from your HD to your SERVER I.E.:
/usr/www/sites/myfirstdomain.com/articles/articleone.html
Not only will you make your server layout a lot easier to navigate but, it should, in theory, save you time when submitting your sites to the search engines, free for all’s etc as, in your head, you will already know the location to any single page.
Try this as an example…
You have created an article site called ‘Online Marketing’ on your third domain, where is it located?
That’s right, you will find it at http://www.mythirddomain.com/articles/onlinemarketing.html
How much time would you have usually spent logging into your server trying to find this page?
One other MAJOR advantage to keeping your server and HD structure the same is backing up your data now becomes easy as pie. you simply have to download your folders into the /online/ directory on your HD, then simply burn that entire directory to Cdrom.
Hopefully this article has given you some insight into how proper organization can be of use to you on your HD and on your server. If you are just starting out in the adult industry hopefully you will see that spending a little time to make a structuring system such as this can save you a lot of time long term.
One last question for you however, where would you find your article called ‘Marketing Shoes’ on your 56th domain name?
Article written by Lee
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Domain Name Registration Services What To Look For
Once upon a time, if you wanted to register a domain name, you could only do it by visiting Network Solutions at http://www.networksolutions.com/ and paying them whatever they asked for, about $35.00 per year.
Then ICANN, http://www.icann.org/, The Internet Corporation for Assigned Names and Numbers (ICANN) that is the non-profit corporation that was formed to assume responsibility for the IP address space allocation, protocol parameter assignment, domain name system management, and root server system management functions previously performed under U.S. Government contract by IANA and other entities, decided to change the rules.
The initial testing phase of the new competitive Shared Registry System for the .com, .net, and .org domains quietly began to take place in April of 1999.
It started with five participants who were the first to implement the new system for competition in the market for .com, .net, and .org domain name registration services.
Previously, registration services in the .com, .net, and .org domains were provided by Network Solutions, Inc. under an exclusive contract with the United States government.
In the two years since this program began, things have really changed.
Just this last week, ICANN reported that two of their registrars, Tucows and New York-based Register.com, had recorded more new registrations for Top Level Domains (dot-com, dot-net and dot-org) than VeriSign’s Network Solutions.
This marks the first time ever that VeriSign’s Network Solutions was out-sold by any of the registrars and signals that their past dominance of domain name registration is certainly fading.
Why?
Because besides others being allowed to make domain name registrations, these new registrars are also cutting prices.
The Rules have most certainly changed.
The Shared Registration System (“SRS”), ICANN’s accredited registrars program, allows people to submit application to become a registrar along with a non-refundable $1000 filing fee.After someone is accepted into the program then they must pay a yearly fee of $5000 to maintain their status as an accredited registrar.
This situation has created a very competitive environment which can only be beneficial to all of us as the price to register a domain name has fallen like a rock from a very tall building.
However, if you plan to register a new domain name using a virtual unknown registrar, make certain they do indeed have the legal accreditation from ICANN by visiting the ICANN web site and viewing their posted list of ALL accredited vendors:
http://www.icann.org/registrars/accredited-list.htmlIt will only take you a few moments to make sure you are dealing with a reputable vendor of domain names. Those few moments will make the entire process legal and worry-free.
Article written by Lee
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Mirroring Adult Sites – Stage Three
So we hit stage three of our tutorial in this stage we are going to make some pages for our top 5 AVS systems. However, as we did in the last tutorial with the new TGP galleries we created we are going to use the same content and same pages that we have already built. On with the tutorial…
Anyone who build AVS sites will know that you need to have a standard site layout. This usually consists of an entry page (or a warning page), a navigational page (or in our case our menu.html page) and some gallery pages.
So the first thing we need to do is open up the warning page. Once this page has been opened we now need to do some editing of the page, what I would suggest is moving the warning text to the lower half of the page and at the top making some ‘juicy’ sales text, depending on the niche you are targeting with this site you may also like to add a couple of the original thumbnail images at the VERY top of your page however, these should NOT be linked to the full size image.
Once you have edited your page to a reasonable standard for the AVS you now need to save this page in the /FreeSite/AVS/ folder that you originally created on your HD. I would suggest saving the page as something like avs1.html or the name of the AVS you will be using this page for.
Once you have done this you now need to duplicate this page but save it as a different name in again, in the /FreeSite/AVS/ folder so you will end up with avs1.html, avs2.html, etc.
At the moment these AVS pages have no AVS script on them so, we need to visit the AVS system we are going to be using and fill out the details to have the AVS generate an AVS signup page script for us. Once we have the coding that the AVS provides we now have to place this on our avs1.html page. You should repeat this for each of the AVS’s you wish to use and save each instance of the generated AVS script to a separate AVS*.html page.
be aware, that when you are putting your information into the AVS to generate the script, you should enter the ‘members area url’ as the page we created for our navigation so, the AVS script location will be /FreeSite/AVS/avs1.html and, the members area page will be, /FreeSite/Menu/menu.html.
Once you have placed the script on our avs.html pages you should now have the following sites ready:
1) 50 Pic Free Site With Pics On HTML Pages.
2) 5 TGP Galleries With Pics On HTML Pages.
3) 5 AVS Entry Pages.Now we are starting to see how using one set of content can amount to a mass of sites all of which can be sending traffic to our sponsors and, to our surfer trap.
This is where stage three of our tutorial ends however, in our next tutorial we will continue to make some more sites and in an effort to get some traffic we start to play with the ones we have currently created.
Article written by Lee
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Over The Rainbow
So why is the gay community over the rainbow? As promised today I’ll finish up on the symbols that are prevalent in the gay community. Last week I mention the Pink Triangle and it’s political emergence. And technically, the rainbow flag has a similar political beginning.
I always love answering a question with another question (it is one of those annoying habits I have). So, when I am asked the “what does the rainbow flag stand for?” I look forward to the response when I ask, in turn, “what do YOU think it means?” Here are my top three favorite answers:
1 – “It’s colorful and gay people like colors.”
2 – “It’s a dance party thing”
3 – “Judy Garland sang Over the Rainbow you guys loved her a lot.” (This has to be my all time favorite.)
Well like any political symbol, it is a way to distinguish ourselves. But this time we look not to a place in history but we look at the world in general. No matter where you are, whether it is on 8th street in NYC or Rue du Champe in Paris, there will be a gay person somewhere. Now, some may argue that not all cultures and societies will have homosexual present. And I say, “BULL”. They are just in the closet somewhere.
So in essence, gay men and women cross every racial and religious culture around the world. We come in all shapes, sizes and colors. So what better symbol to show that with than a rainbow, all colors coming together as one – as one community. No matter how culturally diverse our world is, the gay community is made up from a piece of each.
The rainbow flag and the uses of the rainbow, in the gay community, are diverse. If you see it flying outside on a restaurant wall, and it means it is a gay or gay friendly establishment. See a set of rainbow rings around a friend’s neck, it’s gay fashion accessories. And see a political march with rainbows on posters and flags, it’s a gay assembly.
Last week I insinuated that the pink triangle was not a symbol to over use in design. Well, in my opinion, the opposite is true with the rainbow and the rainbow flag. I am NOT saying run out and re do all your sites with rainbow backgrounds. No! But, I am saying that the nature of this political symbol is somewhat more flexible. We ourselves took the rainbow and made jewelry, publications, tee shirts and such. And just as the pink triangle, the rainbow will say that it’s ok to be here, you have friends inside or you have nothing to worry about here – be yourself, this place is for you.
So what have we learned? What some people think as silly symbols that gay people use, actually have an origin – and, a potent origin at that. I still ask, for your own good, that you use them wisely and not over do it. The more you throw symbols around willy-nilly, the more people will think you do not know what you are doing. And the more that the surfers thinks that, the less likely you are to make the sale and get your business to grow.
Article written by Gary-Alan
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