What does Devon Creek define as 'Electronic Advertising and Software'?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee may acquire (whether in accordance with or in violation of the Franchise Agreement) during the term of Franchise Agreement, certain right, title, or interest in and to certain domain names, social media accounts, hypertext markup language, uniform resource locator addresses, access to corresponding internet web sites, the right to hyperlink to certain web sites and listings on various internet search engines, and the right to use certain software (collectively, "Electronic Advertising and Software") related to the Franchised Business or the Marks.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, 'Electronic Advertising and Software' encompasses various digital assets used for promoting the franchised business. This includes domain names, social media accounts, hypertext markup language, uniform resource locator addresses, and access to corresponding internet websites. Franchisees also gain the right to hyperlink to specific websites and listings on internet search engines, along with the right to utilize certain software related to the Devon Creek business or its trademarks.
This definition is important for prospective franchisees as it outlines the scope of digital tools and platforms they will be using to market their Devon Creek franchise. Understanding what constitutes 'Electronic Advertising and Software' helps franchisees recognize the assets they may acquire during the franchise term and clarifies Devon Creek's expectations regarding their use.
Devon Creek retains control over its website, including the franchisee's listing. The franchisee will lose all rights to their listing upon expiration or termination of the agreement. Franchisees are responsible for maintaining adequate hardware and software to access the internet at the speed required by Devon Creek and must use the electronic mail account provided by Devon Creek, responding to emails daily. Franchisees cannot establish any website or internet listing except as specifically permitted. Franchisees are also responsible for all technology fees, including hardware, software, internet access, and license fees.