What are some of the conditions Carls may impose if they grant consent for me to use their Proprietary Marks on a website?
Carls Franchise · 2024 FDDAnswer from 2024 FDD Document
You may not use our Proprietary Marks in any Internet domain name or e-mail address, in the operation of any Internet web site or on a social media platform including any social networking site, Facebook, Twitter, Instagram, Pinterest, YouTube, Snapchat, Vine, blogs, podcasts and wikis or other future social media platforms and/or technological avenues (collectively, "Social Media"; not an exclusive list and term applies to any social networking website, mobile application, blog or microblog, public and private message boards, comment sections, etc.) without our prior written consent. We may grant or withhold our consent in our sole discretion and may condition our consent on such requirements as we deem appropriate, including, among other things, that you obtain our written approval of: (A) any and all Internet domain names and home page addresses related to the Franchised Restaurant; (B) the proposed form and content of any web site related to the Franchised Restaurant; (C) your use of any hyperlinks or other links; (D) your use of any materials (including text, video clips, photographs, images and sound bites) in which any third party has an ownership interest; and (E) any proposed modification of your web site. We may designate the form and content of your web site and/or require that any such web site be hosted by us or a third party whom we designate, using one or more web sites that we own and/or control. We may charge you a fee for developing, reviewing and approving your web site and/or for hosting the web site. We have established a Social Media policy for all franchisees, and you must comply with the policy, as modified from time to time, and any additional policies that we issue. Any copyright in your sites or pages on any Social Media are owned by us, and you must sign any documents that we reasonably deem necessary to affirm our ownership of the copyright.
Source: Item 13 — TRADEMARKS (FDD pages 56–58)
What This Means (2024 FDD)
According to Carls's 2024 Franchise Disclosure Document, franchisees must obtain prior written consent to use their Proprietary Marks in any Internet domain name or e-mail address, in the operation of any Internet web site or on a social media platform. Carls may grant or withhold consent at their sole discretion. If Carls does grant consent, it may be conditional.
Carls may require written approval of any and all Internet domain names and home page addresses related to the Franchised Restaurant. They may also require approval of the proposed form and content of any website related to the Franchised Restaurant, your use of any hyperlinks or other links, and your use of any materials (including text, video clips, photographs, images and sound bites) in which any third party has an ownership interest. Finally, Carls may require approval of any proposed modification of your website.
Carls may also designate the form and content of your website and/or require that any such website be hosted by them or a third party whom they designate, using one or more websites that they own and/or control. Carls may charge you a fee for developing, reviewing and approving your website and/or for hosting the website. Franchisees must comply with Carls's Social Media policy, as modified from time to time, and any additional policies that they issue. Any copyright in your sites or pages on any Social Media are owned by Carls, and you must sign any documents that they reasonably deem necessary to affirm their ownership of the copyright. This means that while you may operate the website, Carls retains control over its content and branding, ensuring consistency across all franchise locations and protecting their brand identity.