Is the Clear Pest Pros software considered part of the Confidential Information?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
e 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.
- 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.
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- You acknowledge and agree that you do not acquire any interest in Confidential Information, other than the right to utilize that which is disclosed to you in operating the Clear Pest Pros Business during the term of this Agreement, and that the use or duplication of any Confidential Information in any other business would constitute an unfair method of competition. You also acknowledge and agree that the Confidential Information is proprietary, includes our trade secrets, and is disclosed to you only on the condition that you promise to, during and at all times after the term of this Agreement:
- a. not use Confidential Information in any other business or capacity;
- b. maintain the absolute confidentiality of Confidential Information;
- c. not make unauthorized copies of any portion of Confidential Information disclosed via electronic medium or in written or other tangible form;
- d.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, the proprietary Clear Pest Pros Software is explicitly considered Confidential Information. The FDD states that Clear Pest Pros possesses confidential information relating to the development and operation of its businesses, which includes the proprietary Clear Pest Pros Software. Franchisees acknowledge they do not acquire any interest in the Confidential Information, other than the right to use it while operating their Clear Pest Pros Business during the term of the Franchise Agreement.
As a Clear Pest Pros franchisee, you are obligated to maintain the absolute confidentiality of the Clear Pest Pros Software and not use it in any other business or capacity. You must also refrain from making unauthorized copies and implement procedures to prevent unauthorized use or disclosure, including restrictions on disclosure to employees. Upon termination or expiration of the Franchise Agreement, you must return and cease using all Confidential Information, including providing access to all computer storage media.
Furthermore, Clear Pest Pros requires franchisees to use the Clear Pest Pros Software for maintaining customer records. Clear Pest Pros has confidential access to the franchisee's databases and related information from the software to compute royalties and conduct other evaluations. This access underscores the importance of the software to Clear Pest Pros and its classification as Confidential Information, which the franchisee must protect both during and after the franchise term.
These confidentiality obligations are standard in franchising to protect the franchisor's intellectual property and competitive advantage. Prospective Clear Pest Pros franchisees should carefully review the confidentiality clauses in the Franchise Agreement to understand the full scope of their obligations and the potential consequences of breaching these provisions.