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Education




        Of course, investors will like the notion of a payment   MBAs are taught to create business models and run with
        technology provider having a direct relationship with   them on their theoretical purity.  In the contemporary
        thousands or millions of consumers—but that direct      reality, however, dogged pursuit of a business model
        relationship carries risk (data hack) and responsibilities   could  mean  the  end  of  a  business,  as  it  might  miss  the
        (FTC-compliant disclosures, and so forth).              opportunity to pivot into new ways of turning a profit.

        Payment  technology  providers  are  often  hypnotized  by   From a legal perspective, flexibility is perhaps the most
        the Uber model of being on direct terms with everyone   important aspect. Payment technology providers should
        and owning the whole network. Maybe, however, the       consider baking into their terms of use a degree of
        provider’s value is more subtle and no less viable as a   flexibility such as the right to alter the model somewhat
        back-office function for the merchant who handles it on a   without having to fetch a new signature or consent.
        white-label basis.                                      Naturally, the purpose in this type of situation is not
                                                                to deceive but simply to maintain a relentless drive for
        Flexibility                                             frictionless added value.
        Payment technology models are more likely to succeed
        when they have a built-in culture of flexibility around   Once upon a time, a business had a defined product and
        commercial terms. This does not mean caving to merchant   sold it for a defined price. Those days are long gone, and
        demands on pricing, etc. Instead, it means maintaining   we are now in an economy with an elastic clockwork of
        a healthy enthusiasm to revisit models and consider     relationships that we hope will add value for everyone.
        switching up the logic when that makes sense.
                                                                In publishing The Green Sheet, neither the author nor the publisher is
        For example, a given payment technology may work best   engaged in rendering legal, accounting or other professional services. If
        on a pay-per-use basis for a given set of merchants, but for   legal advice or other expert assistance is required, the services of a com-
        another set of merchants, it might make sense to pay the   petent professional should be sought. For further information on this
        merchants to use the service—because it yields data that   article, please contact Adam Atlas, Attorney at Law via email at atlas@
        will enrich the service for the paying cohort.          adamatlas.com or by phone at 514-842-0886.
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