What rights does Boulder Designs retain regarding linking to or other use of the Boulder Designs website?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee, and any cooperative advertising program, may not establish a presence on, or market using, the Internet in connection with the Franchised Business without Franchisor's prior written consent. Franchisor has established and maintains an Internet website at the uniform resource locator, www.boulderdesigns.net, which provides information about the System and the services Franchisor, its Affiliates and its franchisees provide. Franchisor will include at the BOULDER DESIGNS website an interior page containing information about the Franchised Business.
Franchisor retains the exclusive right to advertise or use the Marks on the Internet, including the use of websites, domain names, uniform resource locators, linking, search engines (and search engine optimization techniques), banner ads, video, video-streaming, digital signage, audio, meta-tags, marketing, auction sites, e-commerce and co-branding arrangements. Franchisee may be requested to provide content for Franchisor's Internet marketing and shall be required to follow Franchisor's intranet and Internet usage rules, policies and requirements. Franchisor retains the sole right to approve any linking to, or other use of, the Boulder Designs website. Further, Franchisor retains the right to utilize whatever form of advertising that may become available in the future.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, Boulder Designs retains significant control over the use of its website and online presence. Specifically, Boulder Designs maintains the sole right to approve any linking to, or other use of, the Boulder Designs website. This means that franchisees cannot independently create links to the Boulder Designs website or utilize it in ways not explicitly sanctioned by the franchisor.
This control extends to various aspects of Internet advertising and marketing. Boulder Designs retains the exclusive right to advertise or use the Marks on the Internet, including websites, domain names, uniform resource locators, linking, search engines, banner ads, video, digital signage, audio, meta-tags, marketing, auction sites, e-commerce, and co-branding arrangements. While franchisees may be requested to provide content for Boulder Designs's Internet marketing, they must adhere to the franchisor's intranet and Internet usage rules, policies, and requirements.
Boulder Designs also maintains the website at www.boulderdesigns.net, which provides information about the Boulder Designs system and the services offered by the franchisor, its affiliates, and its franchisees. Boulder Designs will include an interior page on the website containing information about the franchised business. This centralized control over the online presence allows Boulder Designs to maintain brand consistency and manage the overall marketing strategy effectively.
For a prospective franchisee, this means that online marketing efforts must be closely aligned with and approved by Boulder Designs. While franchisees may contribute content, the ultimate control and approval rest with the franchisor, ensuring a unified brand image and marketing approach. This also implies that franchisees need to stay informed about and compliant with Boulder Designs's evolving internet usage rules and policies.