Hillsborough Country Outfitters, Inc., entered into an agreement for HCO Media LLC to exclusively conduct Hillsborough’s e-commerce initiatives through a jointly owned (50 percent each) Internet site known as HCO.com. HCO Media receives 2 percent of all sales revenue generated through the site up to a maximum of $500,000 per year. Both Hillsborough and HCO Media pay 50 percent of the costs to maintain the Internet site. However, if HCO Media’s fees are insufficient to cover its 50 percent share of the costs, Hillsborough absorbs the loss.
Assuming that HCO Media qualifies as a VIE, should Hillsborough consolidate HCO Media LLC?