Several plaintiffs brought actions against Conoco, Inc., claiming that they had been discriminated against on the basis of their race when they attempted to make purchases at three gas stations in Texas operated under the Conoco brand. Conoco directly owned and operated one of the stations, and independent contractors licensed to use the Conoco trademark operated the other two stations. Evidence, including videotapes, indicated that the clerks had refused to serve the customers and had used racial epithets during some of the incidents. What factors should the court consider and what tests should it apply in determining whether Conoco should be held liable?