According to the Aplus Development Agreement, what does the 'System' relate to?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- A. Franchisor and its Affiliates have developed, and are in the process of further developing, a System relating to the establishment and operation of a full-line retail grocery convenience store that offers fast foods, prepackaged foods, beverages, sundries, and other convenience store goods identified principally by the trademark APLUS, along with, under certain circumstances and as authorized by Franchisor, a gasoline fueling station and related petroleum products identified principally by the trademark SUNOCO (the "System").
- B. The distinguishing characteristics of the System include, without limitation, distinctive interior and exterior design, decor, color scheme, graphics, fixtures and furnishings, operation and customer service standards and procedures, advertising and marketing specifications and requirements, and other standards, specifications, techniques, and procedures that Franchisor designates for developing, operating, and managing an APLUS store and/or SUNOCO fueling station, all of which Franchisor may change, improve, and further develop (collectively, "Standards").
- C. The System is identified by means of certain trade names, service marks, trademarks, logos, emblems, and indicia of origin, including, but not limited, to the mark APLUS or the mark SUNOCO and such other trade names, service marks, and trademarks as are now designated and may hereafter be designated by Franchisor in writing for use in connection with the System ("Marks").
- D. You desire the right to develop authorized branded multiple stores or fueling stations under the System and Marks as indicated in the Summary Page ("Stores") and Franchisor desires to grant you such rights, all pursuant to the terms and conditions of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the 'System' in the Development Agreement relates to the establishment and operation of a full-line retail grocery convenience store. These stores offer fast foods, prepackaged foods, beverages, sundries, and other convenience store goods, identified principally by the trademark APLUS. Under certain circumstances and with the franchisor's authorization, the System may also include a gasoline fueling station and related petroleum products identified principally by the trademark SUNOCO.
The distinguishing characteristics of the Aplus System encompass various elements, including the distinctive interior and exterior design, decor, color scheme, graphics, fixtures, and furnishings. It also includes operation and customer service standards and procedures, advertising and marketing specifications and requirements, and other standards, specifications, techniques, and procedures that Aplus designates for developing, operating, and managing an APLUS store and/or SUNOCO fueling station. The FDD states that Aplus may change, improve, and further develop these elements.
The Aplus System is identified through trade names, service marks, trademarks, logos, emblems, and indicia of origin, including the marks APLUS and SUNOCO. These marks, along with any others designated by Aplus in writing, are used in connection with the System. The Development Agreement grants the developer the right to develop authorized branded multiple stores or fueling stations under the System and Marks, subject to the terms and conditions outlined in the agreement.