Is a Deka Lash franchisee required to participate in promotional, advertising, or charity programs specified by Deka Lash?

ection for those improvements, inventions, developments, processes, methods and practices.

You will not contest, directly or indirectly, our or our parent's or affiliates' ownership, title, right, or interest in the Marks, the Operations Manual, or the System; or our or our parent's or our affiliates' exclusive right to register, use, or license others to use the Marks, Operations Manual, and the System.

• 7.2 Local Advertising and Promotions. Your advertising and promotions shall conform to the following requirements:
  • a) You shall advertise and promote only in a manner that will reflect favorably on us.
  • b) You shall use our advertising templates or, if you wish to use your own material, you shall submit to us for written approval all advertising, advertising copy, broadcasting arrangement, public relations program, press release or other promotional material, including proposed signage, prior to its use.
  • c) You agree to participate in all promotional programs that we create, offer or advertise. You agree to accept gift certificates, coupons, vouchers, corporate discounts, memberships and other promotional programs as we create and develop from time to time. You agree you will not be entitled to receive payment or be reimbursed for any expenses, lost revenue or costs associated with such.
  • d) You specifically acknowledge and agree that any Web Site or social media that uses the Marks will be deemed "advertising" under this Agreement and will be subject to (among other things) our approval.
  • e) Your advertising must comply with federal, state, and local laws.
  • f) If our written approval is not received on any advertising, advertising copy, broadcasting arrangement, public relations program, press release or other promotional material, including proposed signage submitted to us within 14 days from the date of request of approval, the advertising, promotions or material is deemed disapproved.
• 7.3 Minimum Local Marketing. You must spend a minimum of $2,000 per month on local marketing and promotion in accordance with our standards and specifications (the "Local Marketing Requirement"). Your local marketing is in addition to your Brand Development Fee paid to us. You must spend the Local Marketing Requirement funds as we prescribe in the Operations Manual or otherwise in writing, which may include, without limitation, requirements for placing a certain number and/or type(s) of media advertisements or engaging certain public figures to assist you in promoting the Franchised Business. Unless we otherwise approve in writing, you must spend the Local Marketing Requirement within your Protected Territory. You must participate in promotional, advertising, charity or other programs we may specify at your own expense. Any mass media, internet, mailers, or other type advertising must be primarily focused in your territory unless we agree otherwise. You may spend any additional sums as you wish on local marketing. You must

ensure that all advertising, promotions or public statements are done with the highest ethical standards, are not misleading in any way, and adhere to federal, state and local rules and law. You must use only such advertising, press releases, public statements and promotional materials provided by, or approved in writing by us. We reserve the right to require you to discontinue any advertising, promotions, or promotional materials, as we deem necessary. Upon our request, you must submit proof of your expenditures on the Local Marketing Requirement.

• 7.4 Business Listing & Promotion. You agree to advertise, at your expense, in such online directories, advertising agencies, advertising fees and/or other promotional efforts as specified by us from time to time in our manuals. We have the right to place such listings, advertising, fees or promotions, on your behalf and collect the cost from you.

Source: Item 23 — RECEIPT (FDD pages 63–234)