Can an Ella Cafe franchisee sell menu items that have not been approved by the franchisor?

any ("Franchisor" or "us"), and the franchisee identified in the Summary Page ("Franchisee" or "you").

RECITALS

• A. Franchisor has the right to use and to license the use of a distinctive system relating to the establishment and operation offers a five-star coffee experience in an inviting atmosphere with the finest coffee shop experience, which includes our dark-roast premium coffee prepared as americanas, espressos, cold brews, cappuccinos, and lattes, and flavored to order with our custom flavors, teas, merchandise, baked goods, whole bean coffee and other food products such as fresh baked pastries, cookies, paninis, and salads, beverages, proprietary merchandise and other products as we may designate from time to time ("System").
• B. The distinguishing characteristics of the System include, without limitation, distinctive interior and exterior design, decor, color scheme, graphics, fixtures and furnishings, proprietary ordering procedures; special recipes and menu items; proprietary food and beverage preparation techniques and presentation standards; community and social networking presence and protocols; standards, specifications, policies, and procedures for operations; quality and uniformity of the products and services offered; procedures for inventory, management, and financial control; training and assistance; advertising and promotional programs; and other standards, specifications, techniques, and procedures that Franchisor designates for developing, operating, and managing a ELLA Coffee House, all of which Franchisor may change, improve, and further develop (collectively, "Standards").
• C. The System is identified by means of certain trade names, service marks, trademarks, logos, emblems, and indicia of origin, including, but not limited, to the mark "ELLA", "ELLA COFFE HOUSE", "ELLA COFFEE", and such other trade names, service marks, and trademarks as are now designated and may hereafter be designated by Franchisor in writing for use in connection with the System ("Marks").
• D. Franchisee has applied to Franchisor for a franchise to operate an ELLA coffee house using the System and Marks ("Coffee House"), and Franchisor has approved Franchisee's application and desires to grant Franchisee such franchise, all pursuant to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration for the premises and other good and valuable consideration contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. DEFINITIONS

• "Action" means any action, suit, proceeding, claim, demand, governmental investigation, governmental inquiry, judgment or appeal thereof, whether formal or informal.
• "Approved Vendor" means a supplier, vendor, or distributor of Inputs which has been approved by the Franchisor.

"Coffee House" or "Franchised Business" or "Business" means the Ella Coffee House business owned by Franchisee and operated under this Agreement.

"Competitor" means any business which offers products or services similar to those offered by the Franchised Business.

"Confidential Information" means all trade secrets, the Standards, and other elements of the System; all customer information; customer list, all information contained in the Manual; Franchisor's proprietary beverage and food recipes, spice blends, and standards and specifications for product preparation, packaging and service; financial information; marketing data;

Source: Item 22 — CONTRACTS (FDD page 50)