Is a Clear Pest Pros franchisee's right to use the Marks limited in any way?

rty to any legal action. Except to the extent that such litigation is the result of your use of the Marks in a manner inconsistent with the terms of this Agreement, we agree to reimburse you for your out-of-pocket costs in performing such acts.

C. LIMITATIONS ON YOUR USE OF MARKS.

• 1. You promise to use the Marks as the only identification of the Clear Pest Pros Business, except that you must identify yourself as the owner of an independent entity in the manner that we prescribe.
• 1. You promise to affix the Marks upon such vehicles, uniforms, equipment, containers, fixtures, signs, stationary, advertising, sales/promotional materials, and such other objects, in such size, color, lettering style and fashion, and at such places as we may designate in the Operations Manual.
• 1. You promise to not use the Marks, or any words or symbols confusingly similar to them, as part of any corporate or other legal name or with any prefix, suffix, or other modifying words, terms, designs, or symbols. You may not use the Marks in connection with the sale of any unauthorized product or service, on an Internet website of your own design, or in any other manner not explicitly authorized in writing by us.
• 1. Except as expressly provided in the Operations Manual, you may not display any other trademarks, logotypes, symbols, or service marks, nor may you use any other marks in connection with the Marks, or with the Clear Pest Pros Business, without our prior written approval.
• 1. You promise that all advertising and promotional materials that you use will bear the appropriate "SM," "TM," "®," or "©" registration symbol and/or such other appropriate notice of ownership, registration, or copyright as we may require.
• 1. You promise to submit to us, for our approval, the assumed or trade name (the "DBA") you intend to use in the operation of the Clear Pest Pros Business before filing for it as required by local laws. We may approve or disapprove such DBA at our discretion. All filings or affidavits, following your receipt from us of an approved DBA, must state that the filing or affidavit is made as "a franchisee of Clear Pest Pros." The approved DBA is the only DBA that you may use. You may not use a different name under any circumstances, including as a domain name, URL address, marketing, or for any other function.
• 1. We, or our parent, is the lawful and sole owner of the domain name www.CLEARPESTPROS.com. You cannot register any of the Marks that are now or in the future owned by us or any abbreviation, acronym or variation of the Marks, or any other name that could be deemed confusingly similar, as Internet domain names. We retain the sole right to advertise the System on the Internet and to create, operate, maintain and modify, or discontinue use of any website using the Marks. You may access our website. Except as we authorize in writing in advance, you may not: (i) link or frame our website; (ii) conduct any business or offer to sell or advertise any products or services on the worldwide web; or (iii) create or register any Internet domain names in connection with your Clear Pest Pros Business. The only exception is that you may list the Clear Pest Pros Business in an online directory.
• 1. In order to obtain approval of any use of the Marks, including all advertising containing any Marks, your identification or your DBA, you must submit such proposed use, identification or DBA to us for review at least ten (10) business days before the proposed first use. If we take no action within such ten (10) business day period, such use, identification or DBA shall be deemed disapproved. The approval or disapproval is at our sole discretion. We also may, at our sole discretion, require you to immediately discontinue use of any Mark, advertising, identification or DBA at any time, even if previously approved or provided by us.
• 1. You must submit and receive our written approval in advance for any person that you desire to act as a representative for you in connection with local promotion of the Clear Pest Pros Business or Marks in a public media.

D. DISCONTINUANCE OF USE OF MARKS.

If it becomes advisable at any time in our sole discretion to modify or discontinue the use of any Mark and/or use one (1) or more additional or substitute names or marks, you must comply with our direction no later than ten (10) days after you have received notice. We will not be liable to you for any expenses, losses, or damages you sustain as the result of any such addition, modification, substitution, or discontinuance of a Mark, and you must not commence or join in any litigation or other proceeding against us for any such expenses, losses, or damages.

5. CONFIDENTIAL AND PROPRIETARY INFORMATION.

A. CONFIDENTIAL INFORMATION.

1. We possess (and will continue to develop and acquire) certain confidential information (the "Confidential Information") relating to the development and

operation of Clear Pest Pros Businesses. The Confidential Information includes (without limitation):

• a. general operating procedures for a Clear Pest Pros Business;
• b. the proprietary Clear Pest Pros Software;
• c. personnel guidelines for hiring, training, retaining, promoting, and supporting the marketing and sales staff;
• d. the Initial Training;
• e. written marketing and advertising materials, audiotapes, videos, and programs for their utilization;
• f. knowledge of specifications and suppliers of certain equipment and supplies for the Clear Pest Pros Business;
• g. information on operating results and financial performance of Clear Pest Pros Businesses other than your own;
• h. The Operations Manual and the Clear Pest Pros owners intranet website and its contents;
• i. sales guidelines and strategies for developing business relationships in the insurance industry;
• j. The Customer Information, as defined in Section 5.B below; and
• k. Any other information we deem confidential.

Source: Item 22 — CONTRACTS (FDD pages 67–68)