Are websites considered advertising under the Mr. Sandless Agreement?

triction**

You are not permitted to solicit customers and/or advertise outside the Designated Territory, except to the extent that you have received our prior written approval to do so. Such approval to be granted or denied is at our sole discretion. We may condition our authorization upon your agreement to offer System franchisees that are operating Businesses in contiguous territories the opportunity to participate in, and share the expense of, such solicitation and/or advertising. You may not advertise your Business or any products or services offered by the Business via the Internet without our prior written consent, which may be given or withheld in our sole discretion. Notwithstanding the foregoing, we recognize that certain methods of advertising (such as radio and television) may reach a larger audience outside of your Designated Territory and, in such event and provided you have offer other System franchisees the opportunity to participate in such advertising, you will not be in violation of this Agreement.

13.3 Internet Website

We may establish a website that provides information about the System and the Mr. Sandless products and services. We may use part of the monies from the Advertising Fund (described in Section 13.4 below) that we collect under this Agreement to pay or reimburse the costs associated with the development, maintenance and update of such website. We will be the webmaster, either directly or through a third party, and we have sole discretion and control over such website. You are not permitted to maintain an individual website related to the Business, or to establish a uniform resource locator (URL) incorporating

any variation of the "Mr. Sandless" name or the Proprietary Marks, without our prior written approval, which we are not required to provide. You must also participate in any System-wide area computer network, intranet system, or extranet implemented by us, as described in Section 9.11.1 above.

• 13.3.1 You acknowledge that we are the lawful, rightful and sole owner of the Internet domain name www.MrSandless.com, www.MSFloorRefinishing.com, www.MSInstalls.com and any other Internet domain names registered by us or our affiliates, and you unconditionally relinquish any ownership interest in those or any colorably similar Internet domain name. You agree not to register any Internet domain name in any class or category that contains words used in or similar to any brand name owned by us or our affiliates or any abbreviation, acronym, phonetic variation or visual variation of those words.

Source: Item 22 — CONTRACTS (FDD page 42)