Under the Deka Lash agreement, is a franchisee's website or social media considered advertising?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
- 7.6 Private Websites. You are not allowed to have an independent website or obtain or use any domain name (Internet address) for your Franchised Business.
- 7.7 Digital Marketing.
- (a) Digital Marketing.
We may create, operate, and promote websites, social media accounts (including but not limited to Facebook, twitter, and Instagram), applications, digital advertising (including pay-per-click and display ads) or other means of digital marketing to promote the brand, studios, marks and franchise opportunities.
We have the sole right to control all aspects of any digital marketing including all digital marketing related to your studio.
Unless we consent in writing, you or your employees may not conduct any digital marketing that uses our marks or relates to your studio, including through an independent website, or social media account.
We may withdraw approval at any time and you must immediately modify or delete any digital marketing as required.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, a franchisee's website and social media accounts are considered digital marketing and advertising. Deka Lash retains significant control over digital marketing efforts.
Unless Deka Lash provides written consent, franchisees and their employees are prohibited from engaging in any digital marketing that uses Deka Lash's trademarks or relates to the franchisee's studio. This includes independent websites or social media accounts. If Deka Lash permits a franchisee to conduct digital marketing, the franchisee must adhere to Deka Lash's policies, and Deka Lash reserves the right to withdraw its approval at any time, requiring the franchisee to modify or delete any digital marketing as directed.
Deka Lash may create, operate, and promote websites, social media accounts, applications, digital advertising, or other means of digital marketing to promote the brand, studios, marks, and franchise opportunities. Deka Lash has the sole right to control all aspects of any digital marketing, including that related to the franchisee's studio.
Franchisees are also not allowed to have an independent website or obtain or use any domain name (Internet address) for their Franchised Business.