Can Hardees condition its consent for a franchisee's use of Proprietary Marks on the franchisee obtaining written approval of the form and content of any website related to the Franchised Restaurant?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not use the Proprietary Marks in any Internet domain name or e-mail address, in the operation of any Internet web site or on a social mediate platform including any social networking site, Facebook Twitter, Instagram, Pinterest, YouTube, Snapchat, Vince, blogs, podcasts and wikis or other future social media platforms and/or technological avenues (collectively, "Social Media"); not an exclusive list and term applies to any social networking website, mobile application, blog or microblog, public and private message boards, comment sections, etc.) without HR's prior written consent. HR may grant or withhold its consent in its sole discretion and may condition its consent on such requirements as HR deems appropriate, including, among other things, that Franchisee obtain HR's written approval of: (A) any and all Internet domain names and home page addresses related to the Franchised Restaurant; (B) the proposed form and content of any web site related to the Franchised Restaurant; (C) Franchisee's use of any hyperlinks or other links; (D) Franchisee's use of any materials (including text, video clips, photographs, images and sound bites) in which any third party has an ownership interest; and (E) any proposed modification of Franchisee's web site. HR may designate the form and content of Franchisee's web site and/or require that any such web site be hosted by HR or a third party who HR designates, using one or more web sites that HR owns and/or controls. HR may charge Franchisee a fee for developing, reviewing, securing, protecting or approving Franchisee's web site and/or for hosting the web site. HR has established a Social Media policy for franchisees and Franchisee must comply with the Social Media policy, as modified from time to time, and any additional policies HR issues. Any copyright in Franchisee's sites or pages on any Social Media are owned by HR, and Franchisee must sign any documents that HR reasonably deems necessary to affirm HR's ownership of the copyright.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Hardees maintains control over how its Proprietary Marks are used online. A franchisee cannot use Hardees's Proprietary Marks in any Internet domain name or email address, on any website, or on social media without prior written consent from Hardees.
Hardees has the authority to grant or deny consent for online use of its marks at its discretion. Hardees can also set requirements for approval, including requiring the franchisee to get written approval for any internet domain names and home page addresses related to the restaurant, the proposed form and content of any website related to the restaurant, the franchisee's use of hyperlinks or other links, the franchisee's use of materials in which a third party has an ownership interest such as text, video clips, photographs, images and sound bites, and any proposed modification of the franchisee's website.
Hardees may also designate the form and content of the franchisee's website and/or require that the website be hosted by Hardees or a third party designated by Hardees, potentially using websites that Hardees owns or controls. Hardees may charge the franchisee a fee for developing, reviewing, securing, protecting, or approving the franchisee's website, or for hosting the website.
Furthermore, Hardees has established a Social Media policy that franchisees must follow, and any copyright in the franchisee's sites or pages on social media are owned by Hardees. The franchisee must sign any documents that Hardees deems necessary to affirm its ownership of the copyright.