What must an Aerus franchisee do to assist the company in protecting and maintaining the Marks?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything herein to the contrary, without Company's prior written approval, Franchisee shall not (1) conduct the Franchised Business under any actual or assumed name other than the Approved Name, (2) sell to any person or entity that is not an Approved Customer, (3) advertise, market or solicit sales outside of the Area of Responsibility, (4) sell to any person not residing within the Area of Responsibility, (5) conduct any aspect of the Franchised Business by, through, over or on the internet or world wide web, including without limitation, advertising, marketing and solicitation, unless or until Company establishes a Company sponsored program for such conduct by Franchisees and, then, only as part of and in accordance with such program, (6) use any trade name, trademark or service mark in connection with the Franchised Business other than the Marks (and then only in strict accordance with the terms and conditions of this Agreement, the Policies and Procedures, the Manuals and any specific guidelines imposed by Company), (7) advertise or sell any product or service from an Approved Location or through the Franchised Business bearing any trade name, trademark or service mark other than the Marks, (8) sell any product or service that is not a Product, or (9) permit any Product to be sold from any physical location other than an Approved Location, by any Person other than an authorized representative of Franchisee or in a manner otherwise inconsistent with the System.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to the 2025 Aerus Franchise Disclosure Document, franchisees have specific obligations to protect Aerus's trademarks and brand identity. Aerus franchisees cannot operate the franchised business under any name other than the Approved Name without prior written approval from Aerus. They are also prohibited from using any trade name, trademark, or service mark other than the Marks, and must adhere strictly to the terms and conditions outlined in the franchise agreement, policies and procedures, manuals, and any specific guidelines imposed by Aerus.
Furthermore, Aerus franchisees are not allowed to advertise or sell any product or service bearing a trade name, trademark, or service mark other than the Marks from the Approved Location or through the franchised business. They are also prohibited from selling any product or service that is not an approved Product, or from allowing any Product to be sold from any physical location other than an Approved Location, except by authorized representatives of the franchisee or in a manner inconsistent with the System. These restrictions ensure that the Aerus brand is consistently and accurately represented.
These stipulations are typical in franchising, as franchisors like Aerus need to maintain uniform brand standards across all locations. By adhering to these rules, franchisees contribute to the overall brand recognition and value of Aerus. Failure to comply with these requirements could lead to a breach of the franchise agreement and potential termination of the franchise.