According to the Aerus FDD, what does the term 'Marks' refer to?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
and (ii) the associate franchise program (the "Associate Program"); both of which offer and sell certain of the Proprietary Products as determined from time to time by Company, are identified by certain of the Proprietary Marks as determined from time to time by Company, and use certain elements of the Proprietary System as determined from time to time by Company. The Company also grants to qualified franchisees operating under the Standard Program and Associate Program a right to sell "Beyond Products" which rights are granted solely pursuant to an addendum to their respective franchise agreement (the "Beyond Addendum"). For purposes of this Agreement, unless otherwise indicated herein, "Products" shall mean those Products determined by Company from time to time as applicable to the Standard Program "Beyond Products" shall mean those Proprietary Products determined by Company from time to time applicable to those franchisees who sign a Beyond Addendum and that are marketed, distributed and sold under the "Beyond" or "Beyond by Aerus" trademarks. "Marks" shall mean those Proprietary Marks determined by Company from time to time as applicable to the Standard Program, and "System" shall mean those elements of the Proprietary System determined by Company from time to time as applicable to the Standard Program.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the term "Marks" refers to the Proprietary Marks determined by the company from time to time as applicable to the Associate Program. These marks are used to identify certain Proprietary Products offered and sold by franchisees operating under the Associate Program. Aerus retains the right to modify and change the Marks and the manner in which they are used, including discontinuing their use.
Aerus grants franchisees a limited, non-exclusive right and license to use the Marks in compliance with the terms of the franchise agreement, policies, procedures, and any specific guidelines imposed by the company. Franchisees are strictly prohibited from using the Marks as part of their legal business name. All rights and goodwill associated with the Marks remain the sole and exclusive property of Aerus and its licensors, and all use of the Marks benefits Aerus and its affiliates.
Upon expiration or termination of the franchise agreement, all rights and licenses concerning the Marks automatically terminate, and franchisees must promptly return all materials bearing the Marks to Aerus. Franchisees are prohibited from challenging Aerus's rights to the Marks and acknowledge the importance of maintaining control over their use to protect them from infringement, abuse, and misuse. This ensures that Aerus maintains consistent branding and quality control across all its franchises.