Under the Aerus Franchise Agreement, what is included in the definition of a 'Website'?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not establish a "Website," nor offer or promote or sell any products or services or make any use of the Marks, through the Internet without our prior written approval. As a condition to granting our consent, we will have the right to establish requirements that we deem appropriate, including the requirement that your only presence on the Internet will be through a webpage established by us on our website. Any website will be deemed "advertising" under the Franchise Agreement and will be subject to (among other things) our approval. As used in the Franchise Agreement, the term "Website" means an interactive electronic document contained in a network of computers linked by communications software. The term Website includes the Internet and World Wide Web home pages and social media webpages such as Facebook, LinkedIn, MySpace and X (formerly known as Twitter) web pages/accounts.
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 36–43)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, a 'Website' is defined broadly within the context of the franchise agreement. It encompasses more than just a traditional website. Specifically, the term includes any interactive electronic document found within a network of computers linked by communication software. This definition extends to Internet and World Wide Web home pages.
Importantly, the definition of 'Website' also explicitly includes social media webpages and accounts. Examples provided in the FDD are Facebook, LinkedIn, MySpace, and X (formerly known as Twitter). This means that a franchisee's activities on these platforms are subject to Aerus's oversight and approval, similar to a traditional website.
Aerus requires prior written approval before a franchisee can establish a website or use the company's marks online. Aerus retains the right to set requirements for online presence, potentially limiting franchisees to a webpage established by Aerus on its own website. Any website operated by the franchisee is considered advertising and is subject to Aerus's approval, giving Aerus significant control over the franchisee's online activities and marketing efforts.