What does Floors To Go consider as 'Proprietary Information'?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 14: PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION]
You must not, during the term of the Membership Agreement or after the term of the Membership Agreement, communicate, divulge, or use for the benefit of any other person, partnership, association or corporation any confidential information, knowledge, or knowhow concerning the methods of operation of the FTG System which may be communicated to you or of which you may be apprised by virtue of your operation under the terms of the Membership Agreement (including information, knowledge, or know-how concerning floor covering marketing and merchandising systems, procedures, processes and techniques). You may divulge this confidential information only to those employees who must have access to it in order to operate the FTG System. Any and all information, knowledge, know-how, techniques, and other data, which FTG designates as confidential, will be deemed confidential for purposes of the Membership Agreement. Upon the termination or expiration of the Membership Agreement, you must immediately return to FTG the Proprietary Information that were loaned to you, including all copies and supplements thereto, during the term of the Membership Agreement. You must destroy all other proprietary items and dispose of same within ten (10) days after termination or expiration of the Membership Agreement for any reason.
- 5.3.
Proprietary Information As part of the FTG System, you will have access on our members-only website to electronic copies of our price list, cashback list, advertising, marketing and merchandising information, and product specifications (this information is collectively referred to as the "Proprietary Information").
As a result, (i) we are and shall remain the owner of any and all Proprietary Information; and (ii) we claim copyright ownership with respect to the Proprietary Information.
From time to time we revise and update our Proprietary Information and you agree to adhere to and abide by all such revisions.
All Proprietary Information is hereby incorporated into this Agreement.
You shall be prohibited from copying, disseminating, or in any other manner disclosing or using any Proprietary Information and other proprietary materials, all of which you acknowledge to be our trade secrets;
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 31–32)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, Proprietary Information includes confidential information, knowledge, or know-how concerning the methods of operation of the FTG System. This encompasses floor covering marketing and merchandising systems, procedures, processes, and techniques. Floors To Go designates any and all information, knowledge, know-how, techniques, and other data as confidential for the purposes of the Membership Agreement.
Floors To Go also considers electronic copies of their price list, cashback list, advertising, marketing and merchandising information, and product specifications as Proprietary Information. Floors To Go retains ownership of all Proprietary Information and claims copyright ownership with respect to it. Floors To Go revises and updates their Proprietary Information from time to time, and franchisees must adhere to all such revisions.
Upon termination or expiration of the Membership Agreement, the franchisee must immediately return to Floors To Go the Proprietary Information that was loaned to them, including all copies and supplements. The franchisee must also destroy all other proprietary items within ten days after termination or expiration of the Membership Agreement. Franchisees are prohibited from copying, disseminating, or disclosing any Proprietary Information, which Floors To Go considers to be trade secrets.