What are the specific obligations of a Cinnaholic franchisee regarding the use of trademarks and trade names (Item 9), and how does this relate to the franchisor's advertising and marketing efforts (Item 11)?

Franchisee recognizes the mutual benefit to Franchisee, Franchisor and other franchisees of the CINNAHOLIC® System of the uniformity of the appearance, services, products and advertising of the CINNAHOLIC® System and acknowledges and agrees that such uniformities are necessary for the successful operation of CINNAHOLIC® Bakeries. Franchisee also acknowledges and agrees that products and services sold under the Marks and at CINNAHOLIC® Bakeries have a reputation for excellence. This reputation has been developed and maintained by Franchisor, and Franchisee acknowledges and agrees that it is of the utmost importance to Franchisor, Franchisee, and all other franchisees of the CINNAHOLIC® System that such reputation be maintained. To this end, Franchisee covenants and warrants with respect to the operation of the Bakery that Franchisee and its employees and agents will comply with all of the requirements of the CINNAHOLIC® System and the Operations Manual and will throughout the term of this Agreement:

• (i) Operate the Bakery and prepare and sell all products and services sold therein in accordance with the specifications, standards, business practices and policies of Franchisor now in effect or hereafter promulgated, and comply with all requirements of Franchisor, the CINNAHOLIC® System and the Operations Manual as they are now or hereafter established, including, without limitation, any health, sanitation and cleanliness standards and specifications.

Franchisee's right to use the Marks is limited to such uses as are authorized under this Agreement, and any unauthorized use thereof shall constitute an infringement of Franchisor's rights.

• (ii) Only use the Marks for the operation of the Bakery and only at the Franchised Site, or in advertising for the business conducted at or from the Franchised Site.

Franchisee may not use any of the Marks in any part of any domain name or electronic address or any similar proprietary or common carrier electronic delivery system.

Franchisee will not seek to register, or assert any claim of ownership or usage rights to, any domain name or electronic address incorporating any of the Marks or any names confusingly similar to the Marks.

Franchisee agrees, at the request of Franchisor, to take all necessary steps to assign to Franchisor all rights in or to such domain names and electronic addresses (and any registrations for the foregoing) that Franchisee may acquire.

• (iii) Operate and advertise the Bakery only under the name "CINNAHOLIC®" or such other Marks as Franchisor may designate from time to time, without prefix or suffix, except to describe the location of the Bakery.

• (iv) If Franchisee is a corporation, limited liability company, partnership or other type of entity, not use any of the Marks, including, without limitation, the name "CINNAHOLIC®" in its corporate or other legal name without the prior express written consent of Franchisor.

• (v) Not permit the use of any trade names, trademarks or service marks at the Bakery or the Franchised Site other than the Marks.

• (vi) If state or local laws or ordinances require that Franchisee file an affidavit of doing business under an assumed name or otherwise file a report or other certificate indicating that CINNAHOLIC® or any similar name is being used as a fictitious or assumed name, include in such filing or application therefor an indication that the filing is made as a franchisee of CINNAHOLIC Franchise, LLC, a Georgia limited liability company, Atlanta, Georgia.

• (vii) Have the symbol TM, SM or R enclosed in a circle or such other symbols or words as Franchisor may designate to protect the Marks on all surfaces where the Marks appear.

• (ix) Prominently display at the Bakery and the Franchised Site signs using the name "CINNAHOLIC®," and/or other signs, of such nature, form, color, number, location and size, and containing such material as Franchisor may from time to time reasonably direct or approve in writing; and not display in the Bakery or on the Franchised Site or elsewhere any sign or advertising media of any kind to which Franchisor reasonably objects.

Franchisor or its authorized representatives may at any time during normal business hours enter the Bakery or the Franchised Site and remove any objectionable signs or advertising media.

The particular Advertising Cooperative(s) in which Franchisee may be required to participate shall be designated by Franchisor in its sole discretion (which designations may be based upon, without limitation, the particular Designated Market Area or the Area of Dominant Influence, as those terms are used in the advertising industry, where the CINNAHOLIC® Bakeries operated by Franchisee are located).

Franchisee, however, may not be required to spend more than 2% of Gross Sales per annum in connection with any Advertising Cooperative.

Any advertising or marketing materials not prepared or previously approved by us must be submitted to us at least two weeks before any publication or run date for approval. All advertising and promotion must be factually accurate and must not detrimentally affect the Marks or the CINNAHOLIC® franchise system. We may grant or withhold our approval of any advertising or marketing materials, in our sole discretion. We wi