Does Aplus have actual knowledge of any infringements that could materially affect the ownership, use, or licensing of the copyrights?

According to Aplus's 2024 Franchise Disclosure Document, Aplus states that it has no actual knowledge of any copyright infringements that could materially impact the ownership, use, or licensing of its copyrights. Aplus claims copyright protection and proprietary rights in the original materials used in its system. These materials include recipes, procedures, menus, manuals, bulletins, franchisee communications, training, advertising, promotional materials, website content and design, and other written materials related to the operation of Aplus or Sunoco franchised businesses.

This statement provides some reassurance to potential franchisees that Aplus is not aware of any current legal challenges or disputes regarding its copyrighted materials. However, it is important to note that this statement is limited to Aplus's current knowledge. It does not guarantee that infringements do not exist or will not arise in the future.

As a franchisee, you are prohibited from using any of Aplus's copyrighted works on the internet without written permission. This includes displaying copyrighted works on commercial websites, gaming websites, and social networking sites like Facebook, Instagram, or Twitter, regardless of whether the platform is used for commercial gain. Franchisees must also promptly notify Aplus of any suspected unauthorized use of or challenges to the validity of the Marks or Copyrighted Works. Aplus retains the right to direct and control any legal proceedings involving the Marks or Copyrighted Works, including settlements.

While Aplus will defend franchisees against third-party claims arising from the use of Marks or Copyrighted Works according to the franchise agreement, the franchisee is responsible for defense costs if they have not used the Marks and Copyrighted Works according to the terms of the franchise agreement. Prospective franchisees should carefully review the terms of the franchise agreement regarding the use of Aplus's copyrighted materials to ensure compliance and avoid potential legal issues.