What is the definition of 'Marks' in the context of the Clean Your Dirty Face franchise agreement?

According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, the term "Marks" collectively refers to certain trademarks, service marks, and other commercial symbols that Clean Your Dirty Face and its affiliates use, promote, and license to others. These marks are used in operating or identifying CYDF Facial Bars and have gained, and will continue to gain, public acceptance and goodwill.

For a prospective Clean Your Dirty Face franchisee, understanding the definition of "Marks" is crucial because it encompasses the brand's identity and reputation. The franchise agreement grants the franchisee the right to use these Marks, but also imposes restrictions on their use to maintain uniformity and protect the brand's integrity. This includes using the marks only to operate the business according to the agreement and system standards, prominently displaying the marks as prescribed, and refraining from using any other trademarks or commercial symbols.

The franchisee cannot use any Mark as part of a corporate or legal business name, with unauthorized prefixes or suffixes, in selling unauthorized services or products, or in any domain name or online presence without express written authorization. These limitations are designed to prevent misuse or dilution of the Clean Your Dirty Face brand and to ensure consistent representation across all franchise locations. Franchisees must also provide specified notices of trade and service mark registrations and obtain any required fictitious or assumed name registrations.

Failure to adhere to these regulations regarding the use of Clean Your Dirty Face's "Marks" could result in a breach of the franchise agreement, potentially leading to penalties or termination of the franchise. Therefore, it is essential for franchisees to fully understand and comply with the franchisor's guidelines for using the Marks to protect both their investment and the overall brand reputation.