What does the term 'Marks' refer to in the context of the Epcon Communities franchise agreement?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
have, or should have received, notice of modifications or amendments to this Agreement will constitute acceptance of all such modifications or amendments.
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- Franchisee Web Sites. Notwithstanding that Epcon Communities may authorize you to use portions of the Content in the creation of your own web site, Epcon Communities retains the sole right to create a Web site using:
- "EpconCommunities";
- "epconcommunities.com"; "epconhomesandcommunities.com";
- "epconfranchising.com "; and/or
- "EpconOpportunity.com"
(collectively, the "Marks") and to register or use other domain names related or similar to any of the Marks. Prior to your creation of any web site related in any manner to your Epcon Communities franchised business (and pursuant to the approval process provided in the Epcon Communities Franchise Agreement), you must obtain Epcon Communities' written approval of (and Epcon Communities shall have continuing approval rights regarding) the domain name for such web site, the content of such Web site (including all framing employed) and use of any of the Marks in the content of such Web site. Epcon Communities retains the right to pre-approve your use of linking between your web pages which are related in any manner to your Epcon Communities franchised business and any other web site. Within five (5) days of any written request by Epcon Communities, you shall (a) remove any links between your web pages related in any manner to your Epcon Communities franchised business and all other web sites; and/or (b) remove any references on your web pages to the Marks. Further, you shall comply with your Epcon Communities Franchise Agreement and Epcon Communities' guidelines, as published from time to time to the Epcon Communities franchise system, regarding the use by franchisees and certain of their employees of web sites related to Epcon Communities franchised businesses.
11) User Conduct.
You agree to do all of the following:
- a) abide by all applicable local, state, federal, and international laws and regulations in your use of the Epcon Communities Intranet; and
- b) comply with all regulations, policies and procedures of the Epcon Communities Intranet established by Epcon Communities and posted on the Web Site.
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- Your Obligations and Prohibitions.
You agree that you shall NOT do any of the following:
a) attempt to modify or "hack" the Web Site or Databases;
- b) access any area on the Web Site or Databases which you are not explicitly authorized to access;
- c) interfere with, restrict or inhibit any other user from, the use and enjoyment of the Epcon Communities Intranet, the Web Site or any Databases;
- d) decompile, disassemble, probe, or otherwise reverse engineer, or modify, translate, merge, or prepare derivative works of the Databases or the Web Site;
- e) impersonate any person or entity, including but not limited to, an Epcon Communities officer, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
- f) collect or harvest personal information about other users of the Epcon Communities Intranet;
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, the term "Marks" collectively refers to trademarks related to the Epcon Communities brand. As an Epcon Communities franchisee, you are granted a nonexclusive license to use these Marks in connection with the Development System, as detailed in Section 5.9 and Article 6 of the franchise agreement. This license is subject to specific terms and conditions outlined in the agreement.
Epcon Communities retains significant control over how franchisees use the Marks. Franchisees must adhere to the guidelines set by Epcon Communities regarding advertising, promotional materials, and website content. This includes obtaining written approval for domain names, website content, and the use of Marks on websites related to the franchised business. Epcon Communities also has the right to pre-approve linking between franchisee web pages and other websites and can require the removal of links or references to the Marks.
To protect the Marks and associated goodwill, Epcon Communities franchisees must identify their projects in advertising as prescribed in the franchisor's manuals and use the designated Marks without unauthorized prefixes or suffixes. Franchisees must also feature and use the Marks solely in the manner prescribed by Epcon Communities and observe requirements regarding service mark, trade name, trademark, fictitious name registrations, and copyright and patent ownership notices. These stipulations ensure brand consistency and protect Epcon Communities' intellectual property.
Failure to comply with these requirements could result in a breach of the franchise agreement and potential legal consequences. Therefore, it is crucial for prospective franchisees to fully understand and adhere to Epcon Communities' guidelines regarding the use of the Marks in all aspects of their business operations.