What advertising and promotional materials or items is a Benihana franchisee permitted to use?

6.1.1 The RA® SUSHI Marks will be subject to a separate license agreement between Franchisee and RA Sushi Holding Corp. as provided in Section 3.11.1.

• 6.2 Franchisee will use only the Marks BNC designates and only in the manner and to the extent specifically permitted in this Agreement or otherwise by BNC in writing. Franchisee may use and display such Marks only in connection with the operation of the Restaurant and in compliance with the

BENIHANA Standards. Any unauthorized use of the Marks shall constitute an infringement of BNC's rights.

• 6.3 Any and all advertising, publicity, signs, decorations, furnishings, equipment, or other matter employing in any way whatsoever any of the Marks shall be submitted to BNC for its approval prior to publication or use. Franchisee shall also ensure that any use or depiction of the Marks in any advertising or other material prepared by the Landlord, if any, is approved in advance by BNC in order to confirm the proper use of the Marks.
• 6.4 Franchisee may not use the Marks or anything confusingly similar as part of Franchisee's corporate or other legal name, or as part of any e-mail address, domain name, or other identification of Franchisee or Franchisee's business, in any medium. Franchisee must include a written statement that the Restaurant and Franchisee's business is "independently owned and operated" in all approved uses of the Marks on business forms such as letterhead, invoices, order forms, receipts and contracts, and as BNC may otherwise designate.
• 6.5 Franchisee may not use the Marks to advertise or sell products or services through the mail or by any electronic or other medium, including the Internet, without BNC's prior written approval. Franchisee shall not develop, create, generate, own, license, lease or use, in any manner, any computer medium or electronic medium (including, without limitation, any Internet page, domain names, website, web-page, bulletin board, newsgroup or other Internet-related medium) which in any way uses or displays the Marks, or any of them, or any words, symbols or terms confusingly similar thereto, without BNC's prior written consent, and then, only in such manner and in accordance with such procedures, policies, standards and specifications as BNC may establish from time to time. If consent is granted, BNC reserves the right to revoke such consent effective upon written notice to Franchisee. BNC has the sole right to establish an Internet "home page" using any of the Marks, and to regulate the establishment and use of linked home pages by Franchisee and all other BENIHANA franchisees. BNC has the right, at any time, to establish procedures, limitations, and regulations regarding the operation of any websites. If established, Franchisee shall immediately comply with all such procedures, limitations, and regulations.
• 6.6 Franchisee shall not in any way do anything, directly or indirectly, to infringe upon, harm or contest the rights of BNC in the Marks or in any other symbols, logos, trademarks, or names that incorporate the Marks. Franchisee shall not take any action to apply for the registration of the Marks.

Source: Item 22 — CONTRACTS (FDD pages 73–74)