you and/or your employees to attend any additional training programs and refresher courses. You are responsible for you and your personnel's travel, meals, lodging, and payroll expenses associated with attending additional training programs. The additional training programs and refresher courses will be at our then-current tuition for such training.

ARTICLE 8 PROPRIETARY NAMES AND MARKS

8.1 Your Use of Our Marks and Other Proprietary Material.

• (a) You must only use the Marks we designate, and must use them in only the manner we authorize and permit.
• (b) You will use the Marks only for the operation of your Bakery exclusively at the Approved Location, and in advertising your Bakery in the Territory pursuant to our standards and specifications.
• (c) You must use the marks without prefix or suffix, and in conjunction with the "TM," "SM," "S," or "®" symbols, as applicable. You are prohibited from using the Marks in connection with the offer or sale of any unauthorized products or services. You may not use the Marks as part of your corporate or other legal name. Your corporate name and all fictitious names under which you propose to do business must be approved by us in writing before use. You must use your corporate or limited liability company name either alone or followed by the initials "D/B/A" and the business name "Nothing Bundt Cakes®." You must promptly register your Bakery as doing business under an assumed business name at the public office as provided for by the laws of the state in which your Bakery is located.
• (d) You must identify yourself as an owner of your Bakery in the manner we specify in conjunction with any use of the Marks including, without limitation, on invoices, order forms, receipts, Guest forms and questionnaires, business stationery, and advertisements, as well as at such conspicuous locations as we may designate in writing at the Bakery premises.
• (e) Your right to use the Marks is limited to the uses authorized in this Agreement, and any unauthorized use of the Marks will constitute infringement of our rights.
• (f) You will not use the Marks to incur any obligation or indebtedness on our or our affiliates' behalf.
• (g) You will execute any documents we deem necessary to obtain protection for the Marks or to maintain their continued validity and enforceability.
• (h) You must promptly notify us of any suspected unauthorized use of our Marks, Proprietary Recipes, the Operations Manual, any proprietary software, our copyrighted material or materials in which we claim a common law copyright interest, any proprietary software we may now or in the future create, and any other intellectual property that we may now or in the future designate in connection with the System (the "Proprietary Materials"), any challenge to the validity of the Marks, or any challenge to our ownership of, our right to use and to license others to use, or your right to use the Proprietary Materials.

You acknowledge that we have the sole right to direct and control any administrative proceeding or litigation involving the Marks or Proprietary Materials, including any settlement thereof. We have the right, but not the obligation, to take action against uses by others that may constitute infringement of our rights to the Marks or Proprietary Materials.

(i) We reserve for ourself, our successors and assigns any and all rights to access, use, create, distribute, publish and further develop those rights commonly referred to as "digital media rights," "digital advertisement rights," or "persistent media in augmented reality."

8.2 Trademark Acknowledgements.

You expressly understand and agree that:

• (a) We own all right, title, and interest in and to the Marks and Proprietary Materials, and the goodwill associated with and symbolized by them, and we have the right to use and license others to use the Marks and Proprietary Materials;
• (b) The Marks are valid and serve to identify the System and those who are authorized to operate under the System;
• (c) Your use of the Proprietary Materials does not give you any ownership interest or other interest in or to the Proprietary Materials. During the term of this Agreement and after its expiration or termination, you will not directly or indirectly contest the validity of, our ownership of, or our right to use and license others to use the Marks and other Proprietary Materials;

Source: Item 23 — RECEIPTS (FDD pages 93–309)