What specific trade and service marks does Cool Binz use and license in its business operations?

4. MARKS.

A. OWNERSHIP AND GOODWILL OF MARKS.

• 1. You acknowledge that we and/or our affiliate own and have all rights to the Marks.
• 1. Your right to use the Marks is derived only from this Agreement and is limited to your operation of the COOL BINZ Business in accordance and in compliance with this Agreement and all System Standards we prescribe from time to time during its term.
• 1. You must use only the Marks that we designate in writing, and to use them only in the manner that we authorize.
• 1. You agree that your use of the Marks, and any goodwill established by this use, will be exclusively for our benefit and that this Agreement does not confer any goodwill or other interest in the Marks upon you (other than the right to operate a COOL BINZ Business under this Agreement). Upon expiration or termination of this Agreement, no monetary amount will be assigned as attributable to any goodwill associated with your use of the System and the Marks,
• 1. All provisions of this Agreement applicable to the Marks apply to any additional proprietary trade and service marks and commercial symbols that we authorize you to use.
• 1. The right and license of the Marks awarded to you under this Agreement is nonexclusive, and we may:
  • a. award other licenses and franchises for the Marks, in addition to those licenses and franchises already awarded;
  • b. use the Marks in connection with marketing and selling of any products and services as we deem appropriate; and
  • c. develop and establish other systems using the Marks, similar proprietary marks, or any other proprietary marks, and grant licenses thereto without providing any rights therein to you.

We retain the sole right to advertise the System on the Internet and to create, operate, maintain and modify, or discontinue using of 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 COOL BINZ Business. The only exception is that you may list the COOL BINZ 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 COOL BINZ 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.

Source: Item 23 — RECEIPTS (FDD pages 63–238)