Is the Advanced Mobile Iv And Amiv franchisee's license to use the Marks exclusive?

the prior written consent of Franchisor.

• 1.5 Existence of Divergent Forms of Franchise Contracts. You acknowledge that the terms of our franchise offering may have in the past or may in the future materially differ from those set forth in this Agreement.
• 1.6 Franchisor's Reservation of Rights. Franchisee acknowledges that the Franchise granted under this Agreement is non-exclusive and that Franchisor retains all rights not specifically granted to Franchisee under this Agreement. Except as otherwise expressly provided in this Agreement, Franchisor retains the rights, among others, in Franchisor's sole discretion and without granting any right to Franchisee:
  • A. to use, and to license others to use, the Marks and Licensed Methods for the operation of mobile IV Therapy businesses in territories and at any location other than in the Franchise Territory;
  • B. to use or license to others to use the Marks and Licensed Methods or any other trademarks, service marks, logos or commercial symbols in connection with the sale of any services or products other than those directly contemplated being used, offered, or sold by Franchisee under this Agreement. Franchisor expressly reserves the right to sell, or earn rebates and fees from the sale by others licensed or authorized by Franchisor to sell, proprietary products on a wholesale basis for use in preparing services and products that will not carry an Advanced Mobile IV brand.
  • C. to operate and grant to others the right to operate Advanced Mobile IV businesses on such terms and conditions as we deem appropriate.

3 – ADVANCED MOBILE IV FRANCHISE AGREEMENT

• D. to use the Marks and Licensed Methods to identify services and products, promotional and marketing efforts or related items, and to identify products and services similar to those which Franchisee will sell, but made available through alternative channels of distribution other than through mobile IV Therapy business, at any location other than in the Franchise Territory, including, but not limited to, through permanent or temporary clinic or retail store locations or kiosk, by way of mail order, (including electronic mail order), the internet, catalog, television, display, other forms of media now or in the future developed, or through the wholesale sale of its services and products to or to distributors or outlets located in stadiums, arenas, airports, turnpike rest stops or supermarkets; and
• E. to use and license the use of other proprietary marks or methods in connection with the sale of products and services similar to those which Franchisee will sell or in connection with the operation of the Mobile IV Business operating IV administration or hydration infusions, at any location, which business may be the same as, or similar to, or different from the Mobile IV Business, on any terms and conditions as Franchisor deems advisable, and without granting Franchisee any rights therein.
• F. to establish, operate, own or franchise any business, including competitive businesses.
• 1.7 Nonexclusive. Franchisor reserves the right to market, solicit sales, and sell, lease, rent or otherwise dispose of franchise products to any person or customer Franchisor chooses. These include national accounts, commercial customers, franchisees, end users or any other customer Franchisor may select. Franchisor may exercise its right directly or indirectly by or through independent contractors that may include franchisees, dealers, and brokers. Franchisee acknowledges that Franchisor has made no representation concerning complete exclusivity in any geographic territory or for any customer segment.

2 PAYMENT OF FEES AND OTHER FINANCIAL REQUIREMENTS

2.1 Initial Franchise Fee.

Source: Item 23 — RECEIPTS (FDD pages 54–202)