Can an Augusta Lawn Care franchisee establish a separate website without approval?

mportance of the standardization of advertising, marketing, and promotion programs to the furtherance of the goodwill and public image of the System, the parties agree as follows:

7.4.1 Intentionally Omitted.

7.4.2 Websites

Unless otherwise approved in writing by Augusta Lawn Care, You shall not establish a separate Website. However, Augusta Lawn Care shall have the right to require that You have one or more references or webpage(s), as designated and approved in advance by Augusta Lawn Care, within Augusta Lawn Care's principal Website, which is currently www.augustalawncareservices.com ("Our Website"). The term "Website" means an interactive electronic document contained in a network of computers linked by communications software, commonly referred to as the Internet or World Wide Web, including, but not limited to, any account, page, or other presence on a social or business networking media site, such as Facebook, Twitter, Linked In, and on-line blogs and forums ("Networking Media Sites"). Augusta Lawn Care shall have the right to require that You not have any Website other than the webpage(s), if any, made available on Our Website.

7.4.2.1 Augusta Lawn Care Website

Augusta Lawn Care may approve a separate Website for You (which Augusta Lawn Care is not obligated to approve; and which approval, if granted, may later be revoked by Augusta Lawn Care) subject to the conditions set forth in this Section 7.6.2.1:

• (a) You specifically acknowledge and agree that any Website owned or maintained by or for the benefit of You shall be subject to Augusta Lawn Care's prior review and approval;

• (b) Any expenditures by You in connection with any Website shall not count towards fulfilling Your advertising obligations under this Section 7 of the Agreement;

• (c) Before establishing any Website, You shall submit to Augusta Lawn Care, for Augusta Lawn Care's prior written approval, a sample of the proposed Website domain name, format, visible content (including, without limitation, proposed screen shots), and non-visible content (including, without limitation, meta tags) in the form and manner Augusta Lawn Care may reasonably require;

• (d) Augusta Lawn Care may designate a single vendor or supplier for the purposes of assisting You in creating Your Website;

• (e) If approved, You shall not subsequently modify such Website without Augusta Lawn Care's prior written approval as to such proposed modification;

• (f) You shall comply with the standards and specifications for Websites that Augusta Lawn Care may periodically prescribe in the Manual or otherwise in writing;

• (g) If required by Augusta Lawn Care, You shall establish such hyperlinks to Augusta Lawn Care's Website and other Websites as Augusta Lawn Care may request in writing; and

• (h) You shall not make any posting or other contribution to a Networking Media Site relating to Augusta Lawn Care, the System, the Proprietary Marks, or the Franchised Business that: (i) is derogatory, disparaging, or critical of Augusta Lawn Care; (ii) is offensive, inflammatory, or indecent; (iii) harms the goodwill and public image of the System and/or the Proprietary Marks; or (iv) violates Augusta Lawn Care's policies relating to the use of Networking Media Sites.

Source: Item 23 — RECEIPTS (FDD pages 44–184)