What is the definition of a 'website' according to the Buona franchise agreement?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
As used in this Agreement, "Digital Marketing" means the integrated marketing services used to attract, engage and convert customers online**.** Digital Marketing utilizes multiple channels such as content marketing, influencer marketing, SEO, social media and online advertising to help Brands connect with customers.
(b) In connection with any Website, Social Media and/or Digital Marketing, Franchisee agrees as follows:
(i) Franchisee is strictly prohibited from establishing or maintaining any Websites, Social Media accounts or domain names which incorporate any of the Marks, name or initials into its web address.
Franchisee is prohibited from establishing websites or domain names linking to Franchisor's websites without the prior written authorization of Franchisor.
(ii) Franchisor will have the sole right to create, establish, own, and control the Websites and any page for Franchisee's Franchised Business linked to the Websites.
(iii) Franchisor will have the sole right to create, establish, own, and monitor all Social Media postings for Franchisee's Franchised Business.
Franchisee may participate in the content and maintenance of Social Media for Franchisee's Franchised Business, only in accordance with Franchisor's guidelines, specifications, standards, policies and procedures on Social Media that Franchisor may issue from time to time in the Manuals or otherwise, and subject to Franchisor's right to alter or delete postings made by Franchisee.
- (iv) Franchisor will have the sole right to control all aspects of Digital Marketing, including those related to Franchisee's Franchised Business.
Unless Franchisor consents otherwise in writing, Franchisee may not, directly or indirectly, conduct or be involved in any Digital Marketing that uses the Marks or is related to Franchisee's Franchised Business.
If Franchisor does give Franchisee written consent to conduct any Digital Marketing, Franchisee must do so in compliance with Franchisor's guidelines, specifications, standards, policies or procedures on Digital Marketing that Franchisor may issue from time to time in the Manuals or otherwise in writing.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the agreement defines 'Digital Marketing' as integrated marketing services used to attract, engage, and convert customers online, utilizing channels like content marketing, influencer marketing, SEO, social media, and online advertising. While the term 'website' itself is not explicitly defined, the document outlines specific restrictions and rights related to websites in the context of digital marketing.
Buona franchisees are strictly prohibited from establishing or maintaining any websites or domain names that incorporate any of Buona's marks, names, or initials into the web address. Additionally, franchisees cannot establish websites or domain names linking to Buona's websites without prior written authorization from Buona. Buona retains the sole right to create, establish, own, and control the websites and any page for the franchisee's franchised business linked to those websites.
Buona also maintains control over all aspects of digital marketing, including those related to the franchisee's business. Unless Buona provides written consent, franchisees cannot directly or indirectly conduct or be involved in any digital marketing that uses Buona's marks or is related to the franchisee's franchised business. If consent is granted, the franchisee must comply with Buona's guidelines, specifications, standards, policies, or procedures on digital marketing, as outlined in the manuals or in writing. This level of control is typical in franchising, as franchisors seek to maintain brand consistency and manage online presence effectively.
In summary, while the term 'website' is not explicitly defined, the Buona franchise agreement makes it clear that Buona maintains significant control over the online presence and digital marketing activities of its franchisees, including website content, domain names, and social media postings. This ensures brand consistency and allows Buona to manage its online reputation effectively.