gistered user agreements and any documents required by governmental authorities to show the relationship between Franchisee and Franchisor) and to render such assistance as may, in the opinion of Franchisor, be reasonably necessary to preserve and extend the service mark rights relating to the Marks and to carry out such defense, prosecution, or settlement.

• 6.5 Franchisee shall not, without Franchisor's prior written consent, use the Marks as part of Franchisee's corporate or other legal name, or hold out or otherwise employ the Marks to perform any activity or to incur any obligation or indebtedness in such a manner as could reasonably result in making Franchisor liable therefore. Franchisee agrees not to seek registration or to claim ownership of any Marks, or of confusingly similar service marks or trade names.
• 6.6 Franchisee expressly acknowledges and agrees that this license to use the Marks is nonexclusive and that Franchisor has and retains the rights, among others:
• (a) To grant other franchises and licenses for the use of the Marks, in addition to those already granted to existing Epcon Communities franchisees and to Franchisee;
• (b) To develop and establish other systems and programs utilizing the same or similar Marks, or any other proprietary Marks, and to grant franchises and/or licenses therein without providing Franchisee any rights therein.
• 6.7 Franchisee shall not permit any third-party to imprint the Marks on any products, materials, documents and supplies utilized by Franchisee in connection with the operation of its Project(s) without first obtaining the consent of Franchisor and causing such third party to execute a license agreement with Franchisor. Subject to the foregoing requirement, Franchisee shall affix the Marks in the manner prescribed by Franchisor to all advertising and promotional materials used in connection with each of Franchisee's Projects developed hereunder.
• 6.8 Franchisor or its licensor is responsible for maintaining all registrations covering the Marks and renewing the registrations as required.
• 6.9 Franchisor retains the sole right to create a website using the Marks, "EpconCommunities.com," and variations thereof, and to register or use other domain names related or similar to any of the Marks. Franchisee shall not own or operate a separate website for the promotion of the Project or Franchisee's Epcon Communities business. Franchisee shall disclose the existence to Franchisor of all websites which are owned, registered to, or operated by, Franchisee and related in any way to residential construction or real estate sales.

Article 7 Advertising and Promotion

• 7.1 Franchisor reserves the right, exercisable at any time, to require Franchisee to purchase and use prescribed sales brochures and other documents designed for prospective buyers.
• 7.2 Franchisee shall cooperate with Franchisor in any and all advertising, promotional and marketing plans and campaigns established by Franchisor in its sole discretion.
• 7.3 All advertising, promotions and marketing carried out by Franchisee in any media shall be conducted in a dignified manner and shall conform to the standards and requirements prescribed by Franchisor and to the highest ethical standards of advertising. At least thirty (30) days prior to publication, Franchisee shall submit to Franchisor, for its prior written approval (except with regard to prices to be charged), samples of all advertising and promotional plans and materials that Franchisee desires to use and that have not been prepared or previously approved by Franchisor. Such approval shall not be unreasonably withheld. Any materials submitted to Franchisor and not disapproved within thirty (30) days shall be deemed approved. Franchisor may upon thirty (30) days' notice revoke its approval of any advertising and promotion previously approved.
• 7.4 Franchisee shall pay to Franchisor or to an entity designated by Franchisor that has been formed for the purpose of operating a franchise system level marketing program, an initial marketing program membership fee (the "Initial Marketing Program Membership Fee") in the amount of Five Thousand Dollars ($5,000).

Source: Item 23 — RECEIPTS (FDD pages 86–280)