Upon termination or expiration of the Aplus franchise, what must the franchisee do regarding telephone numbers and facsimile numbers associated with the Marks?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section in franchise or other agreement | Summary |
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| judgments against it or any Owner for over 30 | ||
| days, (xxiii) any default under any agreement | ||
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| defaults) (xxiv) failure on 2 or more separate | ||
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| obligation in any time-frame, and (xxv) receive | ||
| two or more default notices within 12 month time | ||
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| agreement or the System Standards. | ||
| i. Franchisee's obligations on termination/ nonrenewal | APLUS - 17 Premises - 2.23 | Upon termination or non-renewal of the APLUS Franchise Agreement only, you must: (i) immediately cease to operate the APLUS Store; (ii) cease to use the Trade Secrets or other Confidential Information, the System and the Marks including, without limitation, all slogans, symbols, logos, advertising materials, stationery, forms and any other items which display or are associated with the Marks; (iii) take such action as may be necessary to cancel or assign to Franchisor, at Franchisor's option, any assumed name or equivalent registration filed with state, city or county authorities which contains the name APLUS, SUNOCO, or any other Mark, and you must provide to Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement; (iv) pay all sums owing to Franchisor and any affiliate (v) pay to Franchisor all costs and expenses, including reasonable attorneys' fees, incurred by Franchisor subsequent to the termination or expiration of the Franchise in obtaining injunctive or other relief for the enforcement of any provisions of the franchise agreement; (vi) immediately return to Franchisor the Systems Manual, Trade Secrets and all other Confidential Information including records, files, instructions, brochures, agreements, referral contact list, disclosure statements and any and all other materials provided by Franchisor to Franchisee relating to the operation of the APLUS Store; (vii) assign all of Franchisee's email addresses, any websites, and telephone listings and numbers |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 53–64)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, upon termination or non-renewal of the Aplus Franchise Agreement, the franchisee must assign all of their email addresses, websites, and telephone listings and numbers to Aplus. This requirement ensures that Aplus maintains control over its brand identity and customer communication channels, preventing potential confusion or misuse of the Aplus brand by former franchisees.
For a prospective franchisee, this obligation means that they will lose control of all online and telephonic presence associated with the Aplus store upon termination or non-renewal. This includes the Aplus store's website, email addresses, and phone numbers. Therefore, franchisees should consider the potential impact on their business and customer relationships if they decide to leave the Aplus system.
This is a fairly standard practice in franchising. It allows the franchisor to maintain a consistent brand presence and customer experience across all locations, even after a franchise agreement ends. It is important for franchisees to understand these obligations before signing the franchise agreement, as it can affect their ability to operate a similar business independently after leaving the Aplus system.