What is included in the definition of 'Brand Accounts' that a Better Blend franchisee assigns?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- 1. Conditional Assignment. Franchisee hereby assigns to BBF (or its designee) all of Franchisee's rights, title, and interest in and to all telephone numbers, directory listings, email accounts, websites, social media accounts, and all other accounts and profiles for advertising and marketing on the internet or any electronic communications network ("Brand Accounts") associated with Better Blend and registered by Franchisee from time to time in connection with the operation of Franchisee's Business, such assignment to be effective upon (a) termination or expiration of the Franchise Agreement, or (b) notice from BBF to Franchisee, at which time BBF will have the right to assume ownership of any one or all Brand Accounts.
- 2. Transfer or Deletion. Franchisee hereby authorizes the service provider of each Brand Account (the "Provider") to transfer the Brand Account to BBF (or its designee) or to delete the Brand Account upon the written instruction of BBF. Franchisee hereby grants BBF an irrevocable limited power of attorney on behalf of Franchisee to direct any Provider to transfer or delete a Brand Account. In such an event, Franchisee will have no further right, title or interest in the Brand Account but will remain liable to the Provider for all past due fees owing to the Provider on or before the date on which the assignment is effective. BBF will have no liability or obligation of any kind to a Provider arising prior to the effective date of transfer or deletion. Franchisee agrees to take all reasonable steps necessary to effectuate the transfer or deletion (as determined by BBF) of each Brand Account.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Brand Accounts that a franchisee conditionally assigns to Better Blend include various online and communication channels used for advertising and marketing the business. This assignment ensures that Better Blend maintains control over its brand identity and customer communications. The assignment becomes effective upon the termination or expiration of the Franchise Agreement or if Better Blend provides notice to the franchisee.
Specifically, Brand Accounts encompass all telephone numbers, directory listings, email accounts, websites, social media accounts, and any other accounts or profiles used for advertising and marketing on the internet or any electronic communications network. These accounts must be associated with Better Blend and registered by the franchisee during the operation of their business. This broad definition ensures that all online assets related to the Better Blend brand are included in the assignment.
Better Blend has the right to assume ownership of any or all Brand Accounts upon the triggering event. The franchisee authorizes the service provider of each Brand Account to transfer or delete the account based on Better Blend's written instructions, granting Better Blend an irrevocable limited power of attorney to direct these actions. While the franchisee loses rights to the Brand Account after the assignment, they remain responsible for any outstanding fees owed to the provider up to the effective date of the transfer or deletion. Better Blend assumes no liability for obligations arising before the transfer date. Franchisees must take all necessary steps to facilitate the transfer or deletion of each Brand Account as directed by Better Blend.