What must an Aerus franchisee do to assist in protecting and maintaining the company's 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 FDD, franchisees have specific obligations regarding the company's Marks. Aerus franchisees cannot conduct 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, procedures, manuals, and any specific guidelines imposed by Aerus.
Additionally, franchisees cannot advertise or sell any product or service bearing a trade name, trademark, or service mark other than the Marks from their Approved Location or through their Franchised Business. They are also restricted from selling any product or service that is not an approved Product and cannot allow any Product to be sold from any physical location other than the Approved Location, except by an authorized representative of the franchisee or in a manner inconsistent with the System.
These stipulations ensure that the Aerus brand and its associated trademarks are uniformly and correctly represented, preventing confusion among customers and maintaining the brand's integrity. Franchisees must be vigilant in adhering to these guidelines to avoid potential breaches of the franchise agreement and to support the overall strength and recognition of the Aerus brand.