What is an Annex Brands franchisee prohibited from doing with communication, data, files, or images on the internet?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
nd disposition. You cannot create, transmit, view, retrieve, maintain or store any electronic communication, data, file, image, graphics, video clip, audio clip, or software in or through your website or anywhere on the Internet in your capacity as a franchisee, whether it is intended in a serious manner or as a joke or satire or is otherwise not intended to be taken seriously, that is: (1) a virus, worm, "Trojan horse" or any other harmful, contaminating, destructive or disruptive element; (2) illegal or solicits the performance of any illegal activity, including but not limited to gambling, anti-competitive activities such as price fixing, boycotting of suppliers or allocating markets, any violation of the securities laws, or a chain letter or message relating to pyramid schemes; (3) discriminatory, such as referring in a negative manner to an individual's race, age, disability, religion, national origin, physical attributes or sexual preference; (4) profane, indecent, obscene, pornographic or otherwise containing sexual content or innuendo; offensive, harassing, sexually harassing, abusive, intimidating, threatening, derogatory, libelous, defamatory, rude, imprecating, hateful or inflammatory; (5) private or personal matters concerning any person without permission of the person; (6) a political message, charity request or petition for signatures; (7) a password, a credit card number, a social security number, a PIN or the scanned copy of anyone's signature; (8) a testimonial or name or picture of any person for the purpose of advertising or promotion without that person's written permission; or (9) inaccurate, derogatory, libelous or defamatory relating to our employees, proprietors, business associates, clients, business practices, procedures or policies or any other content contrary to our interests or disclosing our confidential, sensitive or proprietary information, including but not limited to the Manuals, business plans, customer lists, unpublished financial information and the like.
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- Your Grant to Us. You hereby grant us a worldwide, perpetual license, without charge or payment of a royalty, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform all materials and information you submit to us for posting in your web pages and website, and all materials and information you submit to our Intranet or newsgroups described in this Agreement, by all means and in any media now known or hereafter developed, including but not limited to the right to use such materials and information that we deem appropriate on similar web pages or websites of our other franchisees; and use your name and any likeness of you that you submit to us for posting in your web pages or website, or that you submit to us in connection with all advertising, marketing and promotional materials related to our website or your web pages or website; and sublicense and to authorize 3rd parties to do any, all or some of the things that we are permitted to do under this Agreement.
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to the 2025 FDD, Annex Brands franchisees face several prohibitions regarding electronic communications, data, files, and images on the internet. Franchisees are restricted from creating, transmitting, viewing, retrieving, maintaining, or storing content through their website or anywhere online that falls into specific categories. These restrictions apply whether the content is intended seriously, as a joke, or as satire.
Specifically, Annex Brands prohibits franchisees from using the internet to disseminate viruses, engage in illegal activities (such as gambling or anti-competitive practices), or share discriminatory content. Franchisees must also avoid posting profane, obscene, or pornographic material, as well as offensive, harassing, or threatening content. Sharing private information without permission, engaging in political messaging, or transmitting sensitive data like passwords or credit card numbers are also forbidden.
Additionally, franchisees cannot use testimonials or images for advertising without written consent, or post inaccurate or defamatory content about Annex Brands' employees, business practices, or confidential information. These rules are designed to protect the brand's reputation, ensure legal compliance, and maintain a respectful online environment. Franchisees must adhere to these guidelines to avoid violating their franchise agreement.
Annex Brands also prohibits franchisees from infringing on the intellectual property rights of others. This includes restrictions on reproducing, distributing, or displaying copyrighted material, trade secrets, or trademarks without proper authorization. Franchisees must also adhere to Annex Brands' determined methods for email communication, including using the center's brand domain name and the email addresses provided by the franchisor. Franchisees cannot establish or use their own email addresses without prior written consent.