What minimum instructions must the Licensee give to its employees regarding the Aerus Software and Documentation?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensee must exercise reasonable precautions, no less rigorous than those Licensee uses to protect Licensee's own Confidential Information, to protect the confidentiality of the Software and the Documentation including, at a minimum, giving instructions to Licensee's employees that the Software and the Documentation are the proprietary information or Licensor and Licensor's trade secrets.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, as a licensee, you must take reasonable precautions to protect the confidentiality of the Aerus Software and Documentation. These precautions must be no less rigorous than those you use to protect your own confidential information. At a minimum, you are required to instruct your employees that the Software and Documentation are the proprietary information and trade secrets of Aerus.
This means that when you hire employees who will have access to the Aerus software and documentation, you must inform them that this information is confidential and proprietary to Aerus. This instruction is a baseline requirement, and Aerus expects you to take further reasonable steps to safeguard this information, similar to how you would protect your own sensitive business data.
Furthermore, Aerus may request that you obtain signed confidentiality agreements from employees who have access to the software and documentation. You are also obligated to notify Aerus immediately if you become aware of any unauthorized use, knowledge, or possession of the Software or Documentation. These measures are in place to protect Aerus's intellectual property and maintain the integrity of its systems.