Under the Spray Net Franchise Agreement, can a franchisee establish an independent website using the Proprietary Marks?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
Your rights under the Franchise Agreement do not include: (i) any right to offer any Spray-Net product or service via e-commerce; (ii) any right to establish an independent website or to establish a URL incorporating the Proprietary Marks or any variation thereof; (iii) any right to sell Spray-Net merchandise via wholesale; (iv) any right to otherwise distribute, market, or implement our products and services in any channel of distribution not specifically identified in this Agreement; (v) the right to sub-license the Franchised Business in any fashion; or (vi) the right to sell and or all of your Designated Territory independent of your entire Franchised Business to another person or franchisee without our written permission.
Source: Item 12 — TERRITORY (FDD pages 49–52)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from establishing an independent website or using a URL that incorporates Spray Net's proprietary marks. This restriction is part of Spray Net's reservation of rights, which allows them to control how their brand is represented online and in other channels of distribution. This ensures brand consistency and allows Spray Net to manage its online presence centrally.
This restriction means that a Spray Net franchisee must rely on the website and online marketing strategies provided by the franchisor. While this may limit a franchisee's autonomy, it also ensures that all online marketing efforts align with Spray Net's overall brand strategy. Franchisees also cannot offer Spray-Net product or service via e-commerce.
Spray Net also retains the right to use the Proprietary Marks and System in connection with services and products, promotional and marketing efforts, or related items, or in alternative channels of distribution, including the sale of any products in wholesale and retail stores, via the Internet, and through mail order catalog, without regard to location. This means that Spray Net can sell products and services online, even within a franchisee's designated territory, without providing compensation to the franchisee. This is a common practice in franchising, as franchisors often seek to control online sales and distribution channels to maintain brand consistency and maximize revenue.
Prospective franchisees should carefully consider these restrictions and understand how they may impact their ability to market their Spray Net franchise and generate revenue. It is important to discuss these limitations with the franchisor and other franchisees to fully understand the implications of these restrictions.