Who has the right to advertise the Batteries Plus Bulbs system on the Internet?
Batteries_Plus_Bulbs Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Term of Agreement/Reservation of Rights. Subject to earlier termination as provided herein, this Agreement is for a term commencing on the date executed and expiring on the last day of the last Development Period as stated in the Development Schedule. Franchisor (for itself and its affiliates) retains the right: (1) to itself own and operate, and to grant other persons the right to own and operate, Batteries Plus® stores at locations outside the Designated Area, who may offer products and services within the Designated Area, and on conditions as Franchisor deems appropriate; (2) to sell within and outside the Designated Area the products and services authorized for sale at Batteries Plus® stores under trademarks and service marks other than the Licensed Marks through similar or dissimilar channels of distribution and pursuant to conditions Franchisor deems appropriate; (3) to sell the products and services authorized for sale at Batteries Plus® stores under the Licensed Marks through dissimilar channels of distribution (i.e., other than the operation of full-service retail Batteries Plus® stores), including by electronic means such as the Internet and by websites established by Franchisor, and pursuant to conditions Franchisor deems appropriate within and outside the Designated Area; and (4) to advertise the System on the Internet (or any other existing or future form of electronic or digital commerce) and to create, operate, maintain and modify, or discontinue the use of a website using the Licensed Marks.
Source: Item 22 — Contracts (FDD page 80)
What This Means (2025 FDD)
According to the 2025 Batteries Plus Bulbs FDD, the franchisor retains specific rights regarding advertising the Batteries Plus Bulbs system on the internet. Batteries Plus Bulbs has the right to advertise the Batteries Plus Bulbs system on the Internet (or any other existing or future form of electronic or digital commerce) and to create, operate, maintain and modify, or discontinue the use of a website using the Licensed Marks.
While the franchisor maintains control over the Batteries Plus Bulbs website and intranet system, franchisees are subject to the agreement's provisions regarding their internet conduct, use of licensed marks, and advertising. Franchisees' rights to participate online or use the licensed marks on the internet terminate when the agreement expires or terminates.
Franchisees are generally restricted from advertising outside their designated market area without prior written consent from Batteries Plus Bulbs. The market area is defined as a 20-mile radius from the store location. This policy ensures that Batteries Plus Bulbs maintains brand consistency and manages online representation of the Batteries Plus Bulbs system.