Does the Devon Creek Franchise Agreement address the acquisition of domain names by the franchisee?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- 2.1 Interest in Web Sites, Social Media Accounts, Other Electronic Listings and Software. 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 the 2024 Devon Creek Franchise Disclosure Document, the agreement does address the acquisition of domain names by the franchisee. Specifically, the agreement acknowledges that franchisees may acquire domain names related to the franchised business or the Devon Creek marks during the term of the Franchise Agreement. This includes acquiring rights to domain names, social media accounts, website URLs, and the right to hyperlink to certain websites and listings on internet search engines.
Devon Creek retains certain rights and control over how franchisees use the brand's intellectual property online. Franchisees are generally required to advertise their franchised business only under the "Devon Creek" marks unless otherwise authorized by the franchisor. The agreement also stipulates that franchisees must identify themselves as independent Devon Creek franchisees in conjunction with any use of the intellectual property, including on websites and other online platforms.
Upon termination of the Franchise Agreement, the franchisee's rights to use the Devon Creek marks and intellectual property immediately cease. The franchisee must take action to cancel any assumed name registrations that contain the Devon Creek mark and discontinue using any online presence that suggests a current or past association with Devon Creek. This ensures that the brand's online identity remains consistent and controlled by the franchisor after a franchise relationship ends.