Is a Big Apple Bagels franchisee allowed to independently solicit business through the internet?

gations hereunder, and that he will continuously exert his

best efforts to promote and enhance the business of the Store and the goodwill of the Marks.

• b. Restrictions Upon Franchisee's Channels of Distribution. Franchisee is restricted solely to the retail sale of products sold under this Agreement. Franchisee is expressly prohibited from engaging in the wholesale distribution of products under this Agreement, unless Franchisee and Franchisor have entered into a Wholesale Program Addendum. Franchisee is expressly prohibited from engaging in a catering service selling Branded Products under this Agreement, unless Franchisee and Franchisor have entered into a Catering Program Addendum. The rights herein granted to Franchisee are specifically limited to the operation of business from the BAGELS Store location. Franchisee shall not independently solicit for business, promote the business, and/or offer and sell products authorized under this Agreement through the use of a toll-free number, catalog, any electronic service including the Internet, Social Media, Mobile Application or Digital Marketing (as defined below in Paragraph 9.o).
• c. Rights Reserved By Franchisor. Except as otherwise provided herein, Franchisor (on behalf of itself and its Affiliates) retains the right, in its sole discretion and without granting any rights to Franchisee:
  • i. to operate, or to grant other persons the right to operate, BAGELS Stores at such locations and on such terms and conditions as Franchisor deems appropriate; and
  • ii. to sell the products and services authorized for BAGELS Stores under the Marks or other trademarks, service marks and commercial symbols through similar or dissimilar channels of distribution and pursuant to such terms and conditions as Franchisor deems appropriate.
  • iii. to acquire or be acquired by a company establishing businesses identical or similar to the BAGELS Store, even if the other business operates, franchises, and/or licenses competitive businesses anywhere, including in close proximity to the BAGELS Store.

2. TERM AND RENEWAL.

a. Term. If this Agreement is for the grant of a BAGELS Production Store Franchise, the term of this Agreement (the "Term") shall commence on the date of this Agreement and expire ten (10) years from such date, unless sooner terminated as provided in Sections 15 and 16 hereof. If this Agreement is for the grant of a BAGELS Satellite Store, the term of this Agreement shall commence on the date of this Agreement and expire at the earlier of: (i) ten (10) years from such date;

Source: Item 22 — CONTRACTS (FDD pages 86–87)