What representations and warranties does a Brightstar Care franchisee make regarding the content transmitted through the Athena Business System (ABS)?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.8.4 You represent and warrant that (a) the content, materials, messages and data you transmit through the ABS will not contain any material that violates any applicable law, rule or regulation or that infringes upon any common law or statutory right of any person or entity, including, without limitation, any proprietary, contract, moral, privacy or publicity right, copyright, patent, trademark, trade secret, or any other Third Party right; (b) the content, material, messages and data you transmit or make available through the ABS or email account(s) we or BrightStar Technology provides you do not and must not contain any material which is obscene, threatening, malicious, defamatory, libelous, slanderous, pornographic or which otherwise could expose us, BrightStar Technology or our respective affiliates to civil or criminal liability; (c) you will not create a false identity for the purpose of misleading others; (d) you will not harvest or otherwise collect information about others, including e-mail addresses; and (e) you will not use this service in connection with pyramid schemes, chain letters, junk e-mail, or spamming or engage in any other offensive or harassing conduct or conduct that interferes with our ability to manage our infrastructure or provide services to other franchisees.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees make specific representations and warranties regarding the content they transmit through the Athena Business System (ABS). These assurances are designed to protect Brightstar Care, BrightStar Technology, and their affiliates from potential legal liabilities arising from a franchisee's use of the system.
Specifically, a Brightstar Care franchisee warrants that the content, materials, messages, and data transmitted through the ABS will not violate any applicable law, rule, or regulation. This includes ensuring that the content does not infringe upon any common law or statutory right of any person or entity. The franchisee must also guarantee that their transmissions do not contain obscene, threatening, malicious, defamatory, libelous, slanderous, or pornographic material, which could expose Brightstar Care or its affiliates to civil or criminal liability.
Furthermore, the franchisee agrees not to create false identities to mislead others or collect information about others, including email addresses. They also warrant that they will not use the ABS for pyramid schemes, chain letters, junk email, or spamming, or engage in any offensive or harassing conduct that could interfere with Brightstar Care's ability to manage its infrastructure or provide services to other franchisees. These stipulations ensure that franchisees use the ABS responsibly and ethically, safeguarding the integrity and reputation of the Brightstar Care brand.