Who is responsible for maintaining photo galleries and calendars on a Devon Creek franchisee's 'click through' subpages?
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.
In addition to these activities, we may also establish an intranet through which downloads of operations and marketing materials, exchanges of franchisee email, System discussion forums and System-wide communications (among other activities) can be done.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 24–32)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, Devon Creek will build out a franchisee's "click through" subpages and is responsible for maintaining all photo galleries, calendars, and other information contained on those subpages. Devon Creek may establish one or more websites to market and promote the Devon Creek Franchise System and the franchise opportunity. Franchisees must provide Devon Creek with the information requested to build out these subpages.
Devon Creek franchisees are not allowed to establish their own websites or use social media platforms for the promotion of their Franchised Business without prior written consent from Devon Creek. Franchisees must sign documents granting Devon Creek the right to change, transfer, or terminate their email addresses, domain names, social media platforms, and comparable electronic identities that use Devon Creek's trademarks if the Franchise Agreement expires or is terminated, or if the franchise is not renewed.
Devon Creek also maintains the right to conduct collective/national campaigns via social media on behalf of the franchisee. Franchisees will not be given access to branded social media pages/handles/assets, as these will be maintained by Devon Creek. Devon Creek will be the sole owner of the copyrights to all material which appears on any website they establish and maintain, including any and all material the franchisee may furnish for their "click through" subpage.