What is the 1-800-GOT-JUNK? Franchisee's obligation regarding the use of the System, Marks, and Copyright-Protected Materials?

ranchisee shall operate the Franchised Business continuously throughout the Term and any duly exercised Renewal Term under the name “1-800-GOT-JUNK?” (or such alternate name or names as Franchisor may direct in writing from time to time), strictly in accordance with the written directions of Franchisor (many of which will be contained in the Operations Manual), and Franchisee’s name shall be clearly marked on all documented and electronic representations of the Franchised Business as well as on all Franchisee’s advertising, stationery, business cards, purchase orders, sales slips, checks, and other business documents in a manner specified or approved by Franchisor and which clearly indicates that Franchisee is the person, firm or corporation, as the case may be, operating the Franchised Business pursuant to a license from Franchisor. Franchisee shall not use, as part of the name of any corporation or other business entity which may operate the Franchised Business (or any other corporation or business entity in which Franchisee has any interest), any of the Marks or any variation or derivative thereof or any word or phrase or combination of words confusingly similar thereto or colorably imitative thereof, nor may Franchisee use the Marks in connection with the sale or offering for sale of any service or item which has not been properly approved for sale pursuant to the requirements of this Agreement. Franchisee shall use ®, TM or some other symbol directed by Franchisor, to indicate to the public that each of the Marks is a trademark belonging to Franchisor and shall in such usage clearly indicate this by using the phrase “Trademark owned by RBDS Rubbish Boys Disposal Service Inc.” or some other phrase designated or approved by Franchisor. All provisions of this Agreement applicable to the Marks shall apply to any additional proprietary trademarks, service marks and commercial symbols hereafter authorized by Franchisor for use by Franchisee from time to time. 12.4 Inspection and Samples. Promptly when requested to do so by Franchisor, Franchisee shall (i) provide Franchisor reasonable access to enter the Franchised Location to permit Franchisor to observe Franchisee’s activities relating to any one or more of the Marks, and permit Franchisor to inspect material in Franchisee’s possession or control on which any one or more of the Marks appears; and (ii) provide Franchisor with samples of all wares, packaging, stationary, signage, advertising and other material used by or prepared by, for, or with the permission of Franchisee that bears or refers to any one or more of the Marks. 12.5 Use of Copyright-Protected Materials. Franchisee acknowledges that Franchisor is the owner of, or licensee of, the copyright in the Operations Manual, the CRM System and all other systems, binders, videotapes, software, and printed materials which from time to time form part of the System (as well as all revisions and additions of or to any of the foregoing) (collectively, the “Copyright-Protected Materials”). Franchisee acknowledges that Franchisee’s right to use the Copyright-Protected Materials is derived solely from this Agreement and is limited to the conduct of the Franchised Business by Franchisee pursuant to and in compliance with this Agreement and all applicable specifications, standards and operating procedures prescribed in writing by Franchisor during the Term and any duly exercised Renewal Term. Any unauthorized use of any of the Copyright-Protected Materials by Franchisee shall be an infringement of the rights of Franchisor in and to the Copyright-Protected Materials and shall constitute a breach of this Agreement. Franchisee agrees not to contest or oppose, nor to assist anyone else to contest or oppose, Franchisor’s application for registration or protection of any of the Copyright-Protected Materials in the United States, Canada, or any other country. Franchisee shall ensure that all Copyright- Protected Materials used by Franchisee bear whatever copyright notice that may be prescribed by Franchisor from time to time in writing. 12.6 Inurement of Benefit of Assignment of Copyright-Protected Materials. Franchisee acknowledges that Franchisee’s use of the Copyright-Protected Materials and any goodwill established by 4908-1371-6037.2 Franchise Agreement 4/22 such use inures to the exclusive benefit of Franchisor and Franchisee hereby absolutely and irrevocably assigns to Franchisor all right, title and interest it may now have or may hereafter acquire in all Copyright- Protected Materials used under this Agreement and all copyright it may acquire from the creation of works derived from the Copyright-Protected Materials used under this Agreement (including works derived through the use of artificial intelligence/machine learning), other than its right to use the Copyright- Protected Materials under this Agreement. If and to the extent that the foregoing assignment or transfer is not effective, Franchisee’s right, title and interest in and to the Copyright-Protected Materials will be held by Franchisee in trust for the sole benefit of Franchisor and assigned or transferred exclusively to Franchisor on demand. 12.7 Notification of Infringement. Franchisee shall notify Franchisor immediately upon learning of any apparent or potential infringement of or challenge or claim to any of the Marks or any of the Copyright-Protected Materials or any claim to any rights in or to any of the Marks or Copyright- Protected Materials made by anyone which comes to the attention of Franchisee, and Franchisee shall not make any admission in respect of any such allegation and shall not communicate with anyone other than Franchisor and its legal counsel in connection with any such infringement, challenge or claim. Franchisor shall have sole discretion to take such action as it deems appropriate and the right to defend and to control exclusively any litigation or other proceeding arising out of any such infringement, challenge or claim.

Source: Item 22 — Contracts (FDD page 24)