For Degree Wellness, what constitutes 'advertising' under the franchise agreement regarding websites?

According to Degree Wellness's 2025 Franchise Disclosure Document, the franchise agreement addresses the use of trademarks in electronic media, such as websites or web pages, or as a domain name or electronic media identifier. Degree Wellness retains the right to regulate the use of its marks, which extends to any form of electronic media. Franchisees acknowledge that their right to use the marks is derived solely from the franchise agreement and is contingent upon compliance with the agreement's terms, including the timely payment of fees. Unauthorized use of the marks constitutes a breach of the agreement and an infringement of Degree Wellness's rights.

Degree Wellness has invested in promoting and protecting its marks, but reserves the right to change its marks and specifications when it believes such changes will benefit the system. Franchisees are required to promptly conform to any such changes at their own expense, and Degree Wellness is not obligated to reimburse franchisees for any losses incurred as a result of these changes. All goodwill established by a franchisee's use of the marks inures exclusively to the benefit of Degree Wellness and its affiliates.

If a franchisee fails to comply with the franchise agreement, Degree Wellness may deny access to the Degree Wellness website or Intranet, remove the franchisee's business from the business locator page on the Degree Wellness website, remove the franchisee's business from the list of businesses to which inquiries are referred, remove the franchisee's business from the list of businesses entitled to Degree Wellness-related discounts from approved vendors, and/or remove the franchisee's business from the list of businesses approved to participate in national or other alliance programs. Degree Wellness may take any or all of these actions in addition to or instead of giving notice of default and/or termination under the agreement.