What is Brightstar Care's definition of a 'Web Site' in the context of the franchise agreement?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
8.5 Website Matters
Except as we expressly permit, you may not maintain a Web Site, as defined below, or otherwise maintain a presence or advertise using any public computer other than on the Web Site we host pursuant to the ABS. "Web Site" means any part of the Internet (including social media) used by the public, and any successor technology, whether now existing or developed after the date of this Agreement that enables the public to purchase services or goods by means of electronic commerce. We may establish a website that provides information about the System and our products and services. We may use part of the monies from the General Marketing Fund to pay or reimburse the costs associated with developing, maintaining and updating such web site. We will be the web master, either directly or through a third party, and have the right to control such website.
8.5.1 We may design and provide to you a web page for the promotion of your Agency on our website. We will be the web master, either directly or through a third party, and have sole control over such web page. You must review and execute, subject to our approval, requested changes to your web page. You may not maintain an individual website related to the Agency, or establish an URL incorporating any variation of the "BrightStar" name or the Licensed Marks, without our prior written approval. You may not violate our privacy policies posted on the website. We may use part of the monies from the Funds we collect under this Agreement to pay or reimburse the costs associated with developing, maintaining, and updating the website. You also must participate in any System-wide intranet system or extranet we implement.
8.5.2 We are the lawful, rightful, and sole owner of the Internet domain names www.brightstarcare.com and www.careers.brightstarcare.com (as described in Section 1.6.3), and any other Internet domain names we register. You unconditionally disclaim any ownership interest in those or any similar Internet domain name. You may not register any Internet domain name in any class or category that contains words used in or similar to any brand name owned by us or our affiliates, the names or likeness of any BrightStar Franchising, LLC executive or employee or BrightStar Technology Group, LLC executive or employee, or any abbreviation, acronym, phonetic variation, or visual variation of those words.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, a 'Web Site' is defined as any part of the Internet (including social media) used by the public, and any successor technology, whether now existing or developed after the date of the Franchise Agreement that enables the public to purchase services or goods by means of electronic commerce.
Brightstar Care maintains significant control over online presence and e-commerce activities. Franchisees are generally prohibited from maintaining their own independent websites or using public computers for advertising, except through the website hosted by Brightstar Care under the Athena Business System (ABS). This ensures brand consistency and allows Brightstar Care to manage the online representation of its services.
Brightstar Care may design and provide a web page for each franchisee's agency on the company's website, retaining control over the content and updates. Franchisees must adhere to Brightstar Care's privacy policies and participate in any system-wide intranet or extranet implemented by the company. This centralized approach allows Brightstar Care to manage and update the website, ensuring uniformity and compliance across all franchise locations.
Brightstar Care also owns the domain names www.brightstarcare.com and www.careers.brightstarcare.com, and franchisees are prohibited from registering any domain names that are similar to Brightstar Care's brand names or the names of its executives. This restriction is in place to protect Brightstar Care's brand identity and prevent any potential confusion among customers.