What is the Aplus franchisee required to do if the Manual is in electronic form to maintain its confidentiality?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
The Manual contains Trade Secrets and other Confidential Information of Franchisor and its contents shall be kept confidential by Franchisee both during the term of the Franchise and subsequent to the expiration and non-renewal or termination of this Agreement. Franchisee shall at all times ensure that its copy of the Manual is available at the Franchised Business office in a current and up-to-date manner. If the Manual is in paper form or stored on computer-readable media, Franchisee shall maintain the Manual in a secure manner at the Franchised Business Office; if the Manual is in electronic form, Franchisee shall maintain the Manual in a password-protected file. Franchisee shall only grant authorized personnel, as defined in the Manual, access to the Manual or any key, combination or passwords needed for access to the Manual. Franchisee shall not disclose, duplicate or otherwise use any portion of the Manual in an unauthorized manner.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, if the Aplus Manual is in electronic form, the franchisee must maintain it in a password-protected file to ensure its confidentiality. The franchisee must also ensure that their copy of the Manual is available at the Franchised Business office in a current and up-to-date manner.
This requirement is in place because the Manual contains trade secrets and confidential information that are proprietary to Aplus. The franchisee is responsible for preventing unauthorized access, use, or disclosure of the Manual's contents, both during the franchise term and after its expiration or termination. This includes not disclosing, duplicating, or using any part of the Manual in an unauthorized way.
Furthermore, access to the Manual, including any necessary keys, combinations, or passwords, should only be granted to authorized personnel as defined in the Manual. This controlled access helps to limit the risk of confidential information being leaked or misused. Franchisees must keep their Manual up-to-date with any changes communicated by Aplus.
By maintaining the electronic Manual in a password-protected file, Aplus aims to safeguard its trade secrets and confidential information, which are crucial for maintaining the brand's competitive edge and operational standards. Franchisees must adhere to these confidentiality measures to protect both Aplus's interests and the integrity of the franchise system.