Can a Better Blend franchisee use any Mark in a domain name without Better Blend's express permission?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
to the Business. Without limiting the generality of Section 9.1, Franchisee shall not, directly or indirectly, conduct or be involved in any Digital Marketing without the prior written consent of BBF. If BBF permits Franchisee to conduct any Digital Marketing, Franchisee must (a) comply with any System Standards and must immediately modify or delete any Digital Marketing that BBF determines, in its sole discretion, is not compliant with such System Standards; (b) only use materials that BBF has approved and submit any proposed modifications to BBF for approval; (c) not use any Mark (or words or designations similar to any Mark) in any domain name, electronic address, website, or other source identifier except as BBF expressly permits; (d) include only the links that BBF approves or requires; and (e) immediately take all actions necessary or that BBF requests to provide BBF with access to, or to transfer ownership of, all Digital Marketing relating to the Business to Franchisor, including, without limitation, providing login and password details and promptly signing all directions and authorizations as BBF deems necessary to effect the intent and provisions of this Section. If Franchisee uses any Mark (or words or designations similar to a Mark) in any domain name, electronic address, website, or other source identifier, BBF may register such name, address, website, or identifier and then license use of the registered item back to Franchisee under a separate agreement. Franchisee must pay all costs due for registration, maintenance, and renewal of any such names, addresses, websites, or identifiers that BBF approves and maintains on Franchisee's behalf. BBF may withdraw its approval for any Digital Marketing at any time.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, franchisees are restricted from using any Better Blend Mark in a domain name, electronic address, website, or other source identifier without express permission from Better Blend.
This means that a franchisee cannot independently create a website or online presence using the Better Blend name or logo without first obtaining written consent from the franchisor. Better Blend maintains control over its brand's digital representation and ensures that all online marketing efforts align with their System Standards.
If Better Blend permits a franchisee to engage in digital marketing, the franchisee must adhere to specific guidelines, including using only approved materials, submitting modifications for approval, and including only approved links. Better Blend also has the right to access or take ownership of all digital marketing accounts related to the Better Blend business, including login and password details. Better Blend may register domain names containing Better Blend Marks and license them back to the franchisee under a separate agreement, with the franchisee responsible for covering all registration, maintenance, and renewal costs. Better Blend retains the right to withdraw approval for any digital marketing at any time.
This policy ensures brand consistency and quality control across all digital platforms associated with Better Blend. It also allows Better Blend to manage and protect its trademarks effectively in the online space.