Is a Burros Fries franchisee allowed to acquire or establish any websites utilizing a domain name incorporating words that are similar to 'Burros & Fries'?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
The Internet is a channel of distribution reserved exclusively to us and Franchisee may not independently market on the Internet or conduct e-commerce, without our written consent; and
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- Acquire or establish any Websites utilizing a domain name incorporating one or more words that are similar to "Burros & Fries" or any other words that describe the Business as determined by us.
The term "Website" includes: Internet home pages, as well as other electronic sites (such as social networking sites like Yelp, Facebook, Twitter, LinkedIn, blogs and other applications).
Franchisee shall not
establish a Website on the Internet using any domain name containing the words listed above or any variation thereof. The Franchisee acknowledges that we have all right, title and interest in and to such domain names, as we shall designate in the Operations Manual.
Franchisee must comply with our requirements regarding discussing, advertising or disseminating any information, or otherwise having a presence on a Website, regarding the Business. If we approve a separate Website (which we are not obligated to do), then each of the following provisions will apply: (i) Franchisee may neither establish nor use any Website without our prior written approval;(ii) before establishing any Website, Franchisee must submit to us, for our prior written approval, a sample of the proposed Website, including its domain name, format, visible content (including, without limitation, proposed screen shots), and non-visible content (including meta-tags), in the form and manner we may require; and all such work must be performed by us, our affiliates or approved vendors; (iii) Franchisee must not use or modify a Website without our prior written approval; (iv) Franchisee must comply with the standards and specifications for Websites that we may periodically prescribe in the Operations Manual or otherwise in writing; and (v) if we require, Franchisee must establish hyperlinks to our Website and other Websites; and (vi) Neither Franchisee nor any of its employees shall post any information regarding us, our members, managers, officers, or employees, or the System, on any Website or any internet site, without our prior written approval, nor any disparaging statement either during or after termination or expiration of the Agreement. Further Franchisee shall monitor its employees to prevent them from making any such postings. We retain the right to pre-approve Franchisee's use of linking and framing between the Franchisee's website and all other Websites. The Franchisee shall within five (5) days, dismantle any blogs, frames and links between the Franchisee's web pages and any other Websites and cause any advertisements to be removed, if and as requested by us.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees are restricted from independently marketing on the internet or conducting e-commerce without the franchisor's written consent. Specifically, a Burros Fries franchisee is prohibited from acquiring or establishing any websites that use a domain name incorporating words similar to "Burros & Fries" or any other words that describe the business, as determined by Burros Fries. This restriction extends to internet home pages and other electronic sites, including social networking sites like Yelp, Facebook, Twitter, and LinkedIn.
Burros Fries reserves the internet as an exclusive channel of distribution. Franchisees are explicitly forbidden from establishing a website on the internet using any domain name containing the words listed above or any variation thereof. The franchisee acknowledges that Burros Fries retains all rights, title, and interest in such domain names, as designated in the Operations Manual.
If a franchisee wants to have a web presence, they must get prior written approval from Burros Fries. The franchisee must submit a sample of the proposed website, including its domain name, format, visible content, and non-visible content (like meta-tags), for approval. All website work must be performed by Burros Fries, its affiliates, or approved vendors. The franchisee must also adhere to Burros Fries' standards and specifications for websites, as outlined in the Operations Manual or in writing. Burros Fries may also require franchisees to establish hyperlinks to their website and other websites.
Franchisees and their employees are prohibited from posting any information about Burros Fries, its members, managers, officers, or employees, or the system on any website or internet site without prior written approval. This includes refraining from making any disparaging statements during or after the termination or expiration of the agreement. Franchisees are also responsible for monitoring their employees to prevent such postings. Burros Fries retains the right to pre-approve the franchisee's use of linking and framing between the franchisee's website and all other websites. If requested by Burros Fries, the franchisee must dismantle any blogs, frames, and links between their web pages and any other websites and remove any advertisements within five days.