What is the definition of 'Trade Secrets' as it pertains to the Beehive Homes non-disclosure agreement?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
Home upon Franchisor.
- 6.2. Ownership and Use of Names and Marks, Trade Secrets and Copyrighted Materials. Franchisee acknowledges and agrees that the Names and Marks, Trade Secrets and Copyrighted Materials are validly owned by Franchisor and that Franchisee has only the nonexclusive right to use such Names and Marks, Trade Secrets, and Copyrighted Materials as provided in this Agreement. Franchisee further acknowledges and agrees that Franchisor's rights to the Names and
Marks, Trade Secrets and Copyrighted Materials are acquired by license from its Affiliate. Franchisee further acknowledges and agrees that all trademarks, service marks, trade names, including the Trade Name, and copyrights, together with all ancillary signs, symbols, slogans, phrases, emblems, designs and other indicia developed by or for Franchisee for use in connection with the Home and the System are the sole and exclusive property of Franchisor and may be used by Franchisee only during the Term of this Agreement and only as provided in this Agreement. Immediately upon termination or expiration of this Agreement, the Franchisee shall cease and desist from using said Names and Marks, Trade Secrets and Copyrighted Materials and shall return to Franchisor or destroy, at the Franchisor's election, all documents, instructions, displays, and advertising items and the like relating to the Names and Marks, Trade Secrets and Copyrighted Materials.
- (a) Noninterference. The Franchisee expressly covenants and agrees that both during the Term of this Agreement and after the termination or expiration hereof Franchisee shall not: (a) directly or indirectly contest or aid in contesting the validity of Franchisor's and its Affiliates' ownership of the Names and Marks, Trade Secrets or Copyrighted Materials; nor (b) in any manner interfere with or attempt to prohibit the use of the Names and Marks, Trade Secrets or Copyrighted Materials by any other existing or future franchisee or other licensee or sub-licensee of the Franchisor in any area or location.
- (b) Additional Assurances.TheFranchisee covenants and agrees that both during the Term of this Agreement and after the termination or expiration hereof Franchisee shall execute any and all additional papers, documents, and assurances in connection with the establishment or maintenance of Franchisor's ownership of the Names and Marks, Trade Secrets and Copyrighted Materials and agrees to fully cooperate with the Franchisor, its designees or any other franchisee or licensee of the Franchisor in securing all necessary and required consents of any state agency or legal authority to use the Names and Marks.
(c) Infringement Disputes.
- (i) Franchisee will immediately notify Franchisor of any infringement or dilution of or challenge to its use of any of the Names and Marks and will not, absent a court order or Franchisor's prior written consent, communicate with any other person regarding any such infringement, dilution, challenge or claim.
Source: Item 23 — RECEIPTS (FDD pages 34–123)
What This Means (2025 FDD)
According to the 2025 Beehive Homes Franchise Disclosure Document, franchisees acknowledge that the Names and Marks, Trade Secrets, and Copyrighted Materials are validly owned by Beehive Homes. Franchisees are granted a nonexclusive right to use these items as provided in the agreement.
Upon termination or expiration of the franchise agreement, franchisees must cease using the Names and Marks, Trade Secrets, and Copyrighted Materials. They must also return to Beehive Homes or destroy, at Beehive Homes' election, all documents, instructions, displays, and advertising items related to these items.
Additionally, franchisees must treat the Standards, the Manual, and all other Proprietary Information as confidential. Proprietary Information includes all information or materials concerning the development, operation, marketing, and licensing of the Beehive Homes system, including the Standards and the Manual, whether developed by Beehive Homes, the franchisee, or another person. Franchisees do not acquire any right or interest in the Proprietary Information other than the right to utilize it in the development and operation of the Home under the terms of the Franchise Agreement. Franchisees must maintain the absolute confidentiality of the Proprietary Information during and after the term of the agreement and will not make unauthorized copies of any portion of it.
To prevent unauthorized use or disclosure of Proprietary Information, franchisees must adopt and implement all procedures Beehive Homes may periodically establish, including restrictions on disclosure to employees and the use of non-disclosure and non-competition clauses in agreements with employees, agents, and independent contractors who have access to the Proprietary Information.