Does Flowerama have sole discretion over the design and content of its website?

• B.

If you have established a domain name and/or website using our Trademarks, the use of the website and domain name shall cease immediately upon termination of this Agreement and the domain name used in connection with the Center shall be immediately assigned to us at no cost to us.

D. If we choose to establish a Marketing Fund, it will be administered by us as follows:

The Marketing Fund will be used for regional or national advertising, publicity and promotion relating to our business. We will determine, in our fully unrestricted discretion, the manner in which the Marketing Fund will be spent. Some portion of the Marketing Fund may be used for creative concept production, marketing surveys, test marketing and related purposes. We have the right to direct all advertising activities with sole discretion over creative concepts, materials and media used, as well as their placement and allocation. We also have the right to determine, in our sole discretion, the composition of all geographic and market areas for the implementation of these advertising and promotional activities. We are not required to place any advertising for your Center or in your area. We do not have to make sure that any Flowerama Center benefits from the placement of advertising in proportion to their contributions to the Marketing Fund.

C. We or our Parent or affiliates may also maintain and administer a marketing fund for franchisees that purchase the Fruit Bouquets program (the "Fruit Bouquets Marketing Fund"). If you purchase the Fruit Bouquets program, you will pay into the Fruit Bouquets Marketing Fund an amount equal to two percent (2%) of your Fruit Bouquets Gross Sales (the "Fruit Bouquets Marketing Fund Fee") each month. All Fruit Bouquets Marketing Fund Fees payable pursuant to this Section shall be placed in the Fruit Bouquets Marketing Fund, which shall be held separate and apart from the 1-800-Flowers Marketing Fund designated in the Franchise Agreement. Such Fruit Bouquets Marketing Fund shall be used for the benefit of Flowerama franchisees offering the Fruit Bouquets Program and is intended to maximize general public recognition in all media, of the Fruit Bouquets Marks, patronage of retail outlets participating in the Fruit Bouquets Program, and the availability of fruit bouquets offered at Flowerama Franchised Units and elsewhere. Once the Fruit Bouquets Marketing Fund is established, Franchisor has the right to begin collecting Fruit Bouquets Marketing Fund contributions from Franchisee upon thirty (30) days' advance written notice. The Fruit Bouquets Marketing Fund shall be administered in the same manner as the 1-800-Flowers Marketing Fund.

Source: Item 23 — RECEIPTS (FDD pages 77–300)