Does the Spray Net Confidentiality and Restrictive Covenant Agreement define 'Proprietary Marks'?

According to Spray Net's 2025 Franchise Disclosure Document, the term "Proprietary Marks" is defined within the context of the franchise agreement. Specifically, the Spray Net system and franchised businesses are identified by the mark SPRAY-NET, along with other trade names, trademarks, service marks, and trade dress. These elements, which Spray Net may modify, update, supplement, or substitute in the future, are collectively referred to as the "Proprietary Marks."

This definition is important for prospective franchisees because it clarifies what Spray Net considers its protected intellectual property. Franchisees are granted the right to use these Proprietary Marks to operate their franchised business, but this right is contingent upon their compliance with the franchise agreement. Franchisees must maintain and display signage and advertising bearing the Proprietary Marks that reflect the current commercial image of the system. They must also discard and cease using any Proprietary Marks that Spray Net deems obsolete or unauthorized.

Furthermore, franchisees acknowledge that the Proprietary Marks are the sole property of Spray Net, and they acquire no ownership rights to them, except for the right to use them as prescribed in the agreement. Franchisees are prohibited from contesting Spray Net's proprietary rights to the marks or from using any names, marks, insignias, or symbols that are confusingly similar to the Proprietary Marks. This underscores the importance of adhering to Spray Net's brand standards and protecting its intellectual property.