Who is responsible for the safety and well-being of the Cinch I.T. franchisee's employees?

handise, trademarked product lines, and other equipment, supplies, inventory, services and operations are satisfactory and meet the quality control provisions and

performance standards as established by Us from time to time.

• (j) You shall conduct reasonable background checks of all employees before employment and maintain copies of all background information in a manner as We specify in the Confidential Operations Manual, or otherwise in writing. So long as it is not a violation of any federal or state laws applicable to You, You shall not employ, or continue to employ, any person:
  • (i) Convicted of, or who entered a plea of no contest to any felony;
  • (ii) Who engages in gross misconduct, which results in, or would likely result in material and demonstrable damage to Your Franchised Business, the CINCH I.T. System or Marks, Our business, or the business of any other CINCH I.T. Franchisor-, franchiseeor affiliate-owned business; or,
  • (iii) Against whom has been entered any judgment involving any claim or other crime or offense that is likely to adversely affect Your reputation, Our reputation, or the reputation of Your CINCH I.T. Franchised Business, the CINCH I.T. System or Marks, Our business, or the business of any other CINCH I.T. Franchisor-, franchisee- or affiliateowned business.
• (k) You shall use Your best efforts in operating the Franchised Business and in recommending, promoting and encouraging patronage of all CINCH I.T. System businesses. The grant of Your Designated Territory is expressly conditioned upon Your successful penetration of the market in the Designated Territory. You must promote actively and aggressively the products and services of Your CINCH I.T. Franchised Business within Your Designated Territory. If You do not sell one new managed service provider ("Managed Service Provider") contract for three (3) consecutive months, We will require You to undertake and complete a performance improvement plan ("Performance Improvement Plan") over a consecutive three (3) month period.

Source: Item 23 — RECEIPTS (FDD pages 60–269)