Under what circumstances can a Burros Fries franchisee use the Names and Marks on the Internet?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
ucts and/or provide Services through the Internet and other similar venues (no matter where the person is located) without paying any compensation to Franchisee. 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;
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, a franchisee's ability to use the brand's Names and Marks on the Internet is heavily restricted and requires explicit written consent from Burros Fries. The FDD states that the Internet is a distribution channel reserved exclusively for Burros Fries, and franchisees cannot independently market on the Internet or conduct e-commerce without this consent. This includes establishing any websites that use domain names similar to "Burros & Fries" or any other words that describe the business, as determined by Burros Fries.
Specifically, franchisees are prohibited from using the Names and Marks in any form on the Internet, including addresses, domain names, URLs, websites, links, metatags, locators, and search techniques, unless explicitly permitted in the Franchise Agreement. The franchisee acknowledges that Burros Fries retains all rights to domain names associated with the brand, as designated in the Operations Manual.
Burros Fries retains the right to market on the Internet, including all uses of websites, domain names, URLs, linking, advertising, and co-branding arrangements. Franchisees can only establish an internet presence as specified by Burros Fries and with their prior written consent. Burros Fries also retains the right to approve any linking to or other use of their website or any other website specific to their products and services. This ensures that Burros Fries maintains control over its brand and online presence, limiting the franchisee's autonomy in online marketing and e-commerce activities.