For basic guidance on how physical presence is defined under Texas law, consult Section 151.107 of the Texas Tax Code (Tax Law), which provides a variety of definitions for “RETAILER ENGAGED IN BUSINESS IN THIS STATE.” The first of the statutory definitions refers to maintaining a place of business in the state directly, or indirectly or through a subsidiary or agent. The fifth definition acts as something of a catch-all, by stating that a retailer who solicits orders by mail or other media can be required to collect and pay sales tax if permitted by federal law.
Internet usage around the world, especially in the wealthiest countries, has steadily risen over the past decade and it shows no signs of slowing. According to a report by the Internet trend investment firm Kleiner Perkins Caulfield & Byers, 245 million people in the United States were online as of 2011, and 15 million people connected for the first time that year. As Internet usage grows, online commerce grows with it. This means that more people are using the Internet with each passing year, and enough of them are spending money online to impact the economy in significant ways. (See also E-Commerce Marketing)

As the National Taxpayers Union argued in endorsing the Sensenbrenner bill, “Absent congressional action, billions of dollars in interstate commerce and millions of small businesspeople face the threat of back-tax bills, complicated collection obligations, and nationwide tax and audit responsibilities simply for having the temerity to use the internet to reach buyers.”
Understanding Mobiles: Understanding mobile devices is a significant aspect of digital marketing because smartphones and tablets are now responsible for 64% of the time US consumers are online (Whiteside, 2016).[42] Apps provide a big opportunity as well as challenge for the marketers because firstly the app needs to be downloaded and secondly the person needs to actually use it. This may be difficult as ‘half the time spent on smartphone apps occurs on the individuals single most used app, and almost 85% of their time on the top four rated apps’ (Whiteside, 2016).[42] Mobile advertising can assist in achieving a variety of commercial objectives and it is effective due to taking over the entire screen, and voice or status is likely to be considered highly; although the message must not be seen or thought of as intrusive (Whiteside, 2016).[42] Disadvantages of digital media used on mobile devices also include limited creative capabilities, and reach. Although there are many positive aspects including the users entitlement to select product information, digital media creating a flexible message platform and there is potential for direct selling (Belch & Belch, 2012).[44]
The answer, at its basis, is largely what I convey in a great majority of my books about search engine optimization and online marketing. It all boils down to one simple concept: add tremendous amounts of value to the world. The more value you add, the more successful you become. Essentially, you have to do the most amount of work (initially at least) for the least return. Not the other way around.
Digital marketing became more sophisticated in the 2000s and the 2010s, when[13][14] the proliferation of devices' capable of accessing digital media led to sudden growth.[15] Statistics produced in 2012 and 2013 showed that digital marketing was still growing.[16][17] With the development of social media in the 2000s, such as LinkedIn, Facebook, YouTube and Twitter, consumers became highly dependent on digital electronics in daily lives. Therefore, they expected a seamless user experience across different channels for searching product's information. The change of customer behavior improved the diversification of marketing technology.[18]
Game advertising - In-Game advertising is defined as "inclusion of products or brands within a digital game."[49] The game allows brands or products to place ads within their game, either in a subtle manner or in the form of an advertisement banner. There are many factors that exist in whether brands are successful in their advertising of their brand/product, these being: Type of game, technical platform, 3-D and 4-D technology, game genre, congruity of brand and game, prominence of advertising within the game. Individual factors consist of attitudes towards placement advertisements, game involvement, product involvement, flow or entertainment. The attitude towards the advertising also takes into account not only the message shown but also the attitude towards the game. Dependent of how enjoyable the game is will determine how the brand is perceived, meaning if the game isn’t very enjoyable the consumer may subconsciously have a negative attitude towards the brand/product being advertised. In terms of Integrated Marketing Communication "integration of advertising in digital games into the general advertising, communication, and marketing strategy of the firm"[49] is an important as it results in a more clarity about the brand/product and creates a larger overall effect.

4.  Internet Tax Freedom Act (“ITFA”), Codified as Note to 47 U.S.C. § 151.  ITFA contains certain prohibitions on state taxation of e-commerce transactions.  Among other things, it prohibits discriminatory taxation of e-commerce transactions and prohibits a state from asserting jurisdiction over an Internet vendor on the basis of certain specific factors.  830 CMR 64H.1.7 is non-discriminatory because it asserts jurisdiction over all vendors (Internet or non-Internet) who have the contacts identified in 830 CMR 64H.1.7(1)(b)2.a. through c. and applies the same jurisdictional standards to all vendors (Internet or non-Internet) that are otherwise subject to tax. See 830 CMR 64H.1.7(3), (5) and (6).  Further, 830 CMR 64H.1.7(3) does not assert jurisdiction based on the prohibited factors referenced in ITFA.  See 830 CMR 64H.1.7(4).
4.  Internet Tax Freedom Act (“ITFA”), Codified as Note to 47 U.S.C. § 151.  ITFA contains certain prohibitions on state taxation of e-commerce transactions.  Among other things, it prohibits discriminatory taxation of e-commerce transactions and prohibits a state from asserting jurisdiction over an Internet vendor on the basis of certain specific factors.  830 CMR 64H.1.7 is non-discriminatory because it asserts jurisdiction over all vendors (Internet or non-Internet) who have the contacts identified in 830 CMR 64H.1.7(1)(b)2.a. through c. and applies the same jurisdictional standards to all vendors (Internet or non-Internet) that are otherwise subject to tax. See 830 CMR 64H.1.7(3), (5) and (6).  Further, 830 CMR 64H.1.7(3) does not assert jurisdiction based on the prohibited factors referenced in ITFA.  See 830 CMR 64H.1.7(4).
Many retailers are choosing to use online marketplaces (also referred to as eCommerce marketplaces or eMarketplaces) to sell their products instead of, or in addition to, selling through their own websites. An online marketplace is a website where third-party sellers list products for sale, and the sales of such products are processed by the operator of the website (marketplace operator). Some online marketplaces offer products for sale by the marketplace operator as well as third-party sellers. Others exclusively serve as a marketplace for third-party sellers.

In order to engage customers, retailers must shift from a linear marketing approach of one-way communication to a value exchange model of mutual dialogue and benefit-sharing between provider and consumer.[21] Exchanges are more non-linear, free flowing, and both one-to-many or one-on-one.[5] The spread of information and awareness can occur across numerous channels, such as the blogosphere, YouTube, Facebook, Instagram, Snapchat, Pinterest, and a variety of other platforms. Online communities and social networks allow individuals to easily create content and publicly publish their opinions, experiences, and thoughts and feelings about many topics and products, hyper-accelerating the diffusion of information.[22]


Sharpe says that you shouldn't dive into internet marketing until you decide on a niche and figure out what you're passionate about. Do you want to join the make-money-online (MMO) niche? Or do you want to engage in another niche? For example, you could sell products or online courses about blogging or search engine optimization or anything else for that matter. Keep in mind that whatever you're selling, whatever niche you're in, that you need to embed yourself there deeply.
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To be clear, the South Dakota case on tax collection applies only to online retailers with more than $100,000 in annual sales or 200 transactions from the state. It remains to be seen how that threshold may play out with other states and whether most states would place the tax collection burden on third-party marketplace operators like Amazon, eBay or Etsy.
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