Who controls the electronic commerce rights for Devon Creek Franchised Businesses?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
We alone may establish, maintain, modify or discontinue all intranet, internet, world wide web and electronic commerce activities pertaining to the System. We have established, and may establish in the future, one or more websites accessible through one or more uniform resource locators ("URLs") designed to market and promote the Devon Creek Franchise System and the franchise opportunity. We may design and provide for the benefit of your Franchised Business a "click through" subpage at our website(s) for the promotion of your Franchised Business and you must provide us with the information that we request. We will build out your "click through" subpages, and we will be responsible for maintaining all photo galleries, calendars or other information contained on your subpages. You may not establish your own website or use social media platforms for the promotion of your Franchised Business without our prior written consent. You must sign such documents as we may require, that grant us the right to change, transfer or terminate your email addresses, domain names, social media platforms and comparable electronic identities that use our trademarks if the Franchise Agreement expires or is terminated, or if your franchise is not renewed.
Any websites or other modes of electronic commerce that we establish or maintain may—in addition to advertising and promoting the products, programs or services available at Devon Creek Franchised Businesses—also be devoted in part to offering Devon Creek Franchised Businesses for sale and be used by us to develop the electronic commerce rights which we alone control.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 24–32)
What This Means (2024 FDD)
According to the 2024 Devon Creek Franchise Disclosure Document, Devon Creek retains exclusive control over all electronic commerce rights pertaining to the Devon Creek system. This includes the establishment, maintenance, modification, and discontinuation of any intranet, internet, websites, and other electronic commerce activities related to the brand.
Devon Creek may create websites to market the franchise system and opportunity, and can provide franchisees with a "click through" subpage on their website(s) to promote individual franchise locations. Franchisees are required to provide requested information for these subpages, while Devon Creek is responsible for maintaining the content on these subpages.
Importantly, franchisees are prohibited from establishing their own websites or using social media platforms to promote their Devon Creek franchise without prior written consent from the franchisor. Franchisees must also sign documents granting Devon Creek the right to manage or terminate their electronic identities, such as email addresses and domain names, if the Franchise Agreement expires or is terminated.