Can Bumble Roofing assign its system to the operator of a competing business?

• 4.2 Franchisee acknowledges that Franchise granted hereunder is non-exclusive and that Franchisor and its Affiliates retain the exclusive right, among others:

  • (a) to use, and to license others to use, the Marks and System for the operation of Roofing Businesses at any location other than in the Territory, regardless of proximity to the Territory;
  • (b) to use, license or franchise the use of trademarks or service marks other than the Marks, whether in alternative channels of distribution or at any location including the Territory, in association with operations that are the same as, similar to or different than Roofing Business;

• (c) to use the Marks and the System in connection with the provision of other services and products or in alternative channels of distribution such as those described in 4.2(d), at any location including the Territory;

• (d) to offer the Services or Products, or grant others the right to offer the Services or Products, whether using the Marks or other trademarks or service marks, through alternative channels of distribution, including without limitation, wholesalers, retail outlets or other distribution outlets (other than Roofing Businesses), or by Internet commerce (e-commerce), mail order or otherwise, whether inside or outside the Territory;

• (e) to use any websites utilizing a domain name incorporating one or more of the words "Bumble Roofing" or similar derivatives thereof.

Franchisor retains the sole right to market on the Internet and use the Marks on the Internet, including all use of websites, domain names, URL's, directory addresses, metatags, linking, advertising, and co-branding and other arrangements.

Franchisee may not independently market on the Internet, or use any domain name, address, locator, link, metatag, or search technique, with words or symbols similar to the Marks or otherwise establish any presence on the Internet without Franchisor's prior written approval.

Franchisor intends that any Franchisee website be accessed only through Franchisor's home page.

Franchisee will provide Franchisor with content for Franchisor's Internet marketing, and will sign Internet and intranet usage agreements, if any.

Franchisor retains the right to approve any linking or other use of its website;

• (f) to acquire businesses that are the same as or similar to the Roofing Business and operate such businesses regardless of where such businesses are located, including inside the Territory and to be acquired by any third party which operates businesses that are the same as or similar to the Roofing Business regardless of where such businesses are located, including inside the Territory; and

• (g) to directly or indirectly provide services to National Accounts located inside or outside the Territory as further described in Section 4.7.

Source: Item 22 — CONTRACTS (FDD page 53)