What is the Aw franchisee's obligation regarding notifying parties about the termination of their license to use the Marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
in-fact, to direct the telephone company and all listing agencies to transfer same to us or at its direction, should you fail or refuse to do so, and the telephone company and all listing agencies may accept such direction or this Agreement as conclusive of our exclusive rights in such telephone numbers and directory listings and its authority to direct their transfer;
- (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
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, upon termination of the franchise agreement, franchisees have specific notification obligations regarding the use of Aw's trademarks (the Marks). Specifically, the franchisee must promptly notify the telephone company and all listing agencies about the termination or expiration of their right to use any telephone number and any telephone directory listings associated with the Marks. They must also authorize the transfer of these to Aw's direction.
In addition to telephone and directory listings, the franchisee is also responsible for notifying necessary parties about the termination of their license to use the Marks in relation to domain name registrations, websites, social media platforms, and any other internet presence. This includes assigning all rights and interests in these online assets to Aw or its designee, along with providing passwords and account manager access.
These obligations ensure that Aw maintains control over its brand identity and customer communications after a franchise agreement ends. The franchisee must also furnish evidence of compliance with these obligations within thirty days after the termination date. This requirement is in place to ensure a clean break and prevent any continued association of the former franchisee with the Aw brand. Franchisees should be aware of these post-termination duties and plan accordingly to avoid any potential legal issues.