Is a Best Brains franchisee required to offer all goods and services that Best Brains designates?

such unexpended amounts to the Brand Development Fund.

Advertising expenditures does not include payments for items which we deem inappropriate for meeting the minimum advertising requirements, including, without limitation, payments in connection with permanent on-premises signs, lighting, purchasing or maintaining vehicles, even though such vehicles may display the Marks, and other payments.

• 1. We Must Approve Advertising. You may only use advertising material not prepared or previously approved by us, by submitting it to us for approval. If you do not receive written approval within fourteen days after the date of receipt by us of the materials, we will be deemed to have disapproved. You will have access to corporate provided social media and the ability to use and post pursuant to our guidelines, but we will have master rights on such social media, and can change or edit your posts. You also must abide by our guidelines with respect to any digital chat communication tools that you use.
• 1. Websites. You are not allowed to create or manage their own websites or domains associated with their Best Brains business. Each location has a part of our website dedicated to them, and you are obligated to provide new content for this section from time to time pursuant to our guidelines.
• M. Use of the Marks. We permit and require you to use the Marks to identify your Franchised Business, but you must identify yourself as the independent owner. You shall display the Marks prominently and in the manner we have prescribed in connection with signs, posters, displays, service contracts, stationery and other forms we designate.

You agree to give notices of trademark or service mark registrations and copyrights as we specify and to obtain such fictitious or assumed name registrations as may be required under applicable law. All bank accounts, licenses, permits or other similar documents must contain the actual name of the person or entity owning the Franchised Business and may contain "d/b/a BEST BRAINS."

Any sign face bearing the Marks shall remain our property even though you may have paid a third party to make the sign faces.

• 1. Improper Use of the Marks. You shall not use "Best" or "Brains" or any Marks confusingly similar to the Marks as part of the name of an entity which owns this franchise. You shall not use any Marks in connection with the sale of any unauthorized service or product or in any other manner not expressly authorized in writing by us.
• 1. Duty to Notify. You must immediately notify us in writing of any apparent infringement of or challenge to your use of any Marks, or claim by any person of any rights in any Marks or any similar trade name, trademark or service mark of which you become aware. In the event of any such infringement, challenge, or claim, you shall not communicate with any person other than us and our counsel.
  • i. We and our affiliates have sole discretion to take such action as we deem appropriate and the right to exclusively control any litigation, U.S.

Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 31)