Are Browns Chicken franchisees required to adhere to Browns Chicken's advertising and promotion guidelines?

• (5) advertising and promotion;

All advertising and promotion shall be completely factual and shall conform to the highest standards of ethical advertising.

Franchisee agrees to refrain from any business, advertising or promotional practice which is unethical or may be injurious to the business of Brown or other BROWN's Stores or to the goodwill associated with the Marks.

B. By Franchisee.

• (1) Grand Opening and Marketing Deposit. Franchisee shall conduct a Grand Opening advertising campaign within thirty (30) days of opening his BROWN's Store. Upon execution of this Agreement, Franchisee shall deposit with Brown a Marketing Deposit in the amount of One Thousand Dollars ($1,000). Brown shall expend the Marketing Deposit in connection with the grand opening of Franchisee's Store, as well as for local advertising for the Store during the initial few months of operation.
• (2) Ongoing Local Advertising. Franchisee agrees to list and advertise the Store in each of the classified telephone directories distributed within its Territory, in such business classifications as Brown prescribes from time to time utilizing Brown's standard form of classified telephone directory advertisement. Prior to their use by Franchisee, samples of all local advertising and promotional materials not prepared or previously approved by Brown shall be submitted to Brown for approval. Promotional material includes but is not limited to materials and information provided by Franchisee

on a website or similar electronic medium. If written disapproval is not received by Franchisee within fifteen (15) days from the date of receipt by Brown of such materials, Brown shall be deemed to have given the required approval. Franchisee shall not use any advertising or promotional materials that Brown has disapproved. Franchisee may not use alternative distribution channels to promote the business or to make sales, including use of a toll-free number, catalog, web site, telephone, electronic communications, the Internet, texting, smartphones, personal digit assistants, any other computer on-line service, You Tube, facebook, Twitter, or any other communication device or means that is developed subsequent to the date of this Agreement. Franchisee agrees that the manner and content of any Franchisee advertising, marketing and/or selling on any website, ecommerce, wireless telephone, Internet, You Tube, facebook, Twitter, or other cyberspace application is subject to the prior written permission of Brown and must be done in strict compliance with the standards, policies and procedures established from time to time by Brown.

9. GUIDANCE AND OPERATING ASSISTANCE.

A. Guidance.

Brown shall furnish to Franchisee such operating assistance in connection with the operation of the Store as may be reasonably required by Franchisee from time to time. Operating assistance will consist of advice and guidance with respect to:

• (6) developing and implementing advertising and promotional programs;

Source: Item 22 — Contracts (FDD page 43)