What are the Beehive Homes franchisee's obligations regarding the use of Names and Marks?

Franchisor's account.

• (d) ProprietaryNotices. Franchisee shall use the Names and Marks only with the symbols "TM," "SM," or "R", as appropriate, whenever and wherever such Names and Marks are used. In addition, the Franchisee shall not use its own name or any other name in connection with any of the Names and Marks without the prior written consent of Franchisor or Franchisor.
• (e) Nonexclusive. Franchisee understands and agrees that its license to use the Names and Marks, Trade Secrets and Copyrighted Materials is nonexclusive and that Franchisor, in its sole discretion, has the right, itself to operate Homes and provide services under said Names and Marks and to grant other licenses to use the Names and Marks on any terms and conditions the Franchisor deem appropriate.
• (f) Confidential Treatment. Franchisee acknowledges that the Trade Secrets are proprietary and confidential and agrees that it shall protect, preserve and not disclose the Trade Secrets to anyother person, including employees, agents, successors or assigns, except as may be specifically allowed under this Agreement.
• (g) Modification of Names and Marks. Franchisee acknowledges and agrees that if at any time it becomes advisable in the sole discretion of the Franchisor to modify or discontinue any use of the Names and Marks and/or use one or more additions to or substitutes for the Names and Marks, the Franchisee shall do so and the Franchisor's sole obligation in such event will be that Franchisor reimburse the Franchisee for actual costs in changing signs and replacing printed matter to comply with any change.

6.3. Ownership and Use of Goodwill.

• (a) Ownership of Goodwill. Franchisee acknowledges and agrees that any and all goodwill associated with the Home, the System, the Names and Marks, Trade Secrets and Copyrighted Materials, including any goodwill that might be deemed to have arisen through Franchisee's activities, shall inure directly and exclusively to the benefit of, and be owned solely by, Franchisor, except as otherwise provided herein or by applicable law.

• (b) Preservation of Goodwill. Franchisee acknowledges and agrees that valuable goodwill is attached to the Home, the System, the Names and Marks, Trade Secrets and Copyrighted Materials and that it will use the same solely in the manner prescribed by Franchisor, and will operate the Home and provide the services under the Names and Marks, Trade Secrets and Copyrighted Materials in strict accordance with the System, terms and conditions of this Agreement, the Manual and other operational Standards established by Franchisor from time to time. Franchisee covenants to protect and preserve the goodwill of the Names and Marks.

• 6.4. Web Sites. For purposes of this Section, "Site(s)" means domain names, the World Wide Web, the Internet, computer network/distribution systems, or any other electronic communications sites or means.

  • (a) Franchisee may not register, own, or maintain any Sites that relate to the Home or that include any of the Names and Marks. The only domain names, Sites, or Site contractors that Franchisee may use relating to the Home or this Agreement are those Franchisor assigns or otherwise approves in writing. Franchisee acknowledges that it may not, without a legal license or other legal right, post on its Sites any material in which any third party has any direct or indirect ownership interest. Franchisee must incorporate on its Sites any information Franchisor requires in the manner Franchisor deems necessary to protect its Names and Marks.
  • (b) Any use of the Marks on anySite must conform to Franchisor's requirements, including the identity and graphics Standards for all Homes. Given the changing nature of this technology, Franchisor reserves the right to withhold its approval, and to withdraw any prior approval, and to modify its requirements.

6.5. Covenants.

• (a) Franchisee agrees, as a direct covenant with Franchisor and its Affiliates, that it will comply with all of the provisions of this Agreement related to the manner, terms and conditions of the use of the Names and Marks and the termination of any right on Franchisee's part to use any of the Names and Marks. Any non-compliance by Franchisee with this covenant or the terms of this Agreement related to the Names and Marks, or any unauthorized or improper use of the System or the Names and Marks, will cause irreparable damage to Franchisor and/or its Affiliates and is a material breach of this Agreement.
• (b) If Franchisee engages in such non-compliance or unauthorized and/or improper use of the System or the Names and Marks during or after the Term, Franchisor or any of its Affiliates, together with the successors and assigns of each, will be entitled to both temporary and permanent injunctive relief against Franchisee from any court of competent jurisdiction, in addition to all other remedies Franchisor or its Affiliates may have at law. Franchisee consents to the entry of such temporary and permanent injunctions. Franchisee must payall costs and expenses, including reasonable attorneys' fees, expert fees, costs and other expenses of litigation that Franchisor and/or its Affiliates may incur in connection with Franchisee's non-compliance with this covenant.

VII. OBLIGATIONS OF FRANCHISOR

Franchisor has the following responsibilities to Franchisee under this Agreement. Franchisor reserves the right to fulfill some or all of these responsibilities through one or more of its Affiliates or through unrelated third parties, in its sole business judgment. Franchisor may require Franchisee to make payment for any resulting services or products directly to the provider.

7.1.

Source: Item 23 — RECEIPTS (FDD pages 34–123)