What is the role of 'marketing' in identifying a C3 Wellness Spa?

"Competitive Business" refers to and means any business that is the same as or similar to a Spa Location Franchise and/or a Spa including, but not limited to a business that offers or provides either: (a) facial treatment services, medical spa services, IV vitamin therapy, massage therapy services, physical therapy, cosmetic services, topical skin treatments, essential oils, and other spa services, and any business and/or other businesses that offers, sells, and/or provides products and/or services similar to the Approved Spa Products and Services that are authorized and designated by us and, as we may designate from time to time in the future; or (b) administration, management and/or marketing services for any business that offers or provides facial treatment services, medical spa services, IV vitamin therapy, massage therapy services, physical therapy, cosmetic services, topical skin treatments, essential oils, and other spa services, and any business and/or other businesses that offers, sells, and/or provides products and/or services similar to the Spa Facility and Management and Services that are authorized and designated by us and, as we may designate from time to time in the future and designated by us as of the Effective Date of this Agreement and, as we may designate from time to time in the future.

"Know-How" refers to means our trade secrets and proprietary information relating to the development, establishment, marketing, promotion and/or operation of a Spa and Spa Location Franchise including, but not limited to, methods, techniques, specifications, procedures, policies, marketing strategies and information reflected in, included in, comprising and/or constituting a part of the System. Without limitation to the foregoing, Know-How shall further include information contained in the Operations Manual and the Confidential Information.

"Licensed Marks" refers to and means the trademarks, service marks, emblems and indicia of origin, including the "C3 Wellness" trademark, the C3 Wellness logo, Trade Dress, and other trade names, service marks, trademarks, logos, slogans and designs authorized by us in connection with the identification of Spa Location Franchises and the Approved Spa Products and Services, provided that such trade names, trademarks, service marks, logos and designs are subject to modification, replacement and discontinuance by us in our Reasonable Business Judgment.

"Digital Media" refers to and means any interactive or static electronic document, application or media including, but not limited to, www.C3WellnessFranchise.com, social media platforms and applications such as Facebook, LinkedIn, Twitter, Pinterest, Instagram, SnapChat, YouTube, and world wide web and internet based directories and local directories that refers, references, identifies, reviews, promotes and/or relates, in any way, to the C3 Wellness Business or other C3 Wellness Business.

"Trade Dress" refers to and means the C3 Wellness designs, images, marketing materials, packaging, branding and/or branding images which Franchisor authorizes and requires Franchisee to use in connection with the operation of the Franchised Business and as may be revised and further developed by Franchisor from time to time.

"System Website" refers to and means the web page and/or pages located on the world wide web at the www.C3WellnessFranchise.com URL (uniform resource locator) and shall further include all webpages and subdomains that are a part of www.C3WellnessFranchise.com, or as designated by Franchisor being associated with the URL of www.C3WellnessFranchise.com and/or Spas.

Source: Item 23 — RECEIPTS (FDD pages 59–293)