Is the franchisee allowed to use any domain name that indicates an association with Aw after the termination or expiration of the Franchise Agreement?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- (e) assign to us or our designee all of your right, title and interest in and to any domain name registrations, any web sites, and any listings or presence on any social media platforms or social media networks, or other presence on the internet using the Marks, including passwords and account manager access, and shall promptly notify the necessary parties of the termination of your license to use the Marks, and therefore, your right to use any domain name, website, or other presence on the internet using the Marks, and to authorize a transfer of same to us or our designee;
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from using any domain name or website that suggests an association with Aw after the termination or expiration of the Franchise Agreement. Specifically, the franchisee must transfer all rights and interests in any domain name registrations, websites, and social media presences using Aw's marks to Aw or its designee. This includes providing passwords and account manager access. The franchisee is also required to notify the necessary parties about the termination of their license to use Aw's marks, which revokes their right to use any related domain names or websites.
This provision ensures that Aw maintains control over its brand identity and online presence. After the franchise agreement ends, Aw does not want former franchisees to continue using its brand name to operate independently or confuse customers. This is a standard practice in franchising to protect the brand's reputation and prevent unauthorized use of its intellectual property.
In practical terms, a franchisee must take immediate steps to transfer ownership of any domain names or websites associated with Aw to the company upon termination or expiration of the agreement. Failure to do so could result in legal action by Aw to enforce these provisions. This transfer process is part of the broader set of obligations a franchisee must fulfill when exiting the Aw system, including ceasing operations, discontinuing the use of trademarks, and returning confidential information.