Common use of Internet Website Clause in Contracts

Internet Website. (a) With the exception of a website that describes Franchisee’s franchise relationship with Franchisor and as set forth in this Section 12.4 or the Standards, Franchisee will not display the Proprietary Marks on or associate the System with (through a link or otherwise) any website, electronic Marketing Materials, domain name, address, designation, or listing on the Internet or other communication system without the express written consent of Franchisor. Franchisee acknowledges that the ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ domain name is the sole property of Franchisor and its Affiliates. Franchisee will not, directly or indirectly, use, register, obtain or maintain a registration for any Internet domain name, address, or other designation that contains any Proprietary ▇▇▇▇ or any ▇▇▇▇ that is in Franchisor’s sole opinion confusingly similar, including misspellings and acronyms. Upon Franchisor’s request, Franchisee must, at Franchisor’s option, promptly take all steps to cancel or transfer to Franchisor or its designee any such domain name, address, or other designation under its control. (b) To the extent and for such period that any Applicable Law entitles Franchisee to display or otherwise use the Licensed Marks in connection with its own Internet site, such use will be governed by this Agreement and the Standards, including Section 8.2 and the requirements contained in Section 12.4(b)(1) through Section 12.4(b)(3) below. (1) Franchisee must obtain Franchisor’s prior approval to use any domain name, address, or other designation that contains any Proprietary ▇▇▇▇ or a confusingly similar variation thereof, and such domain name, address, or other designation will be registered in Franchisor’s name and licensed to Franchisee by Franchisor for the Term. The form, content and appearance of Franchisee’s Internet site, and any modifications thereto, must comply with the Standards and be approved by Franchisor before it is posted on the Internet so that Franchisor can maintain the common identity of the Taste of Philly Restaurants and the Proprietary Marks; (2) Franchisee must obtain independent legal advice concerning the content of Franchisee’s Internet website and ensure that at all times it complies with all laws, rules or regulations; and (3) Franchisee acknowledges that the Internet and e-commerce is a rapidly developing field and agrees that the provisions of this Section 12.4 may need to be modified in the future in the Standards, which will be legally binding on Franchisee to the fullest extent permitted by Applicable Law.

Appears in 2 contracts

Sources: Franchise Agreement, Franchise Agreement

Internet Website. (a) With the exception of a website that describes Franchisee’s franchise relationship with Franchisor and as set forth in this Section 12.4 or the Standards, Franchisee will not display the Proprietary Marks on or associate the System with (through a link or otherwise) any website, electronic Marketing Materials, domain name, address, designation, or listing on the Internet or other communication system without the express written consent of Franchisor. Franchisee acknowledges that the ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ domain name is the sole property of Franchisor and its Affiliates. Franchisee will not, directly or indirectly, use, register, obtain or maintain a registration for any Internet domain name, address, or other designation that contains any Proprietary ▇▇▇▇ Mark or any ▇▇▇▇ mark that is in Franchisor’s sole opinion confusingly similar, including misspellings and acronyms. Upon Franchisor’s request, Franchisee must, at Franchisor’s option, promptly take all steps to cancel or transfer to Franchisor or its designee any such domain name, address, or other designation under its control. (b) To the extent and for such period that any Applicable Law entitles Franchisee to display or otherwise use the Licensed Marks in connection with its own Internet site, such use will be governed by this Agreement and the Standards, including Section 8.2 and the requirements contained in Section 12.4(b)(1) through Section 12.4(b)(3) below. (1) Franchisee must obtain Franchisor’s prior approval to use any domain name, address, or other designation that contains any Proprietary ▇▇▇▇ Mark or a confusingly similar variation thereof, and such domain name, address, or other designation will be registered in Franchisor’s name and licensed to Franchisee by Franchisor for the Term. The form, content and appearance of Franchisee’s Internet site, and any modifications thereto, must comply with the Standards and be approved by Franchisor before it is posted on the Internet so that Franchisor can maintain the common identity of the Taste of Philly Restaurants and the Proprietary Marks; (2) Franchisee must obtain independent legal advice concerning the content of Franchisee’s Internet website and ensure that at all times it complies with all laws, rules or regulations; and (3) Franchisee acknowledges that the Internet and e-commerce is a rapidly developing field and agrees that the provisions of this Section 12.4 may need to be modified in the future in the Standards, which will be legally binding on Franchisee to the fullest extent permitted by Applicable Law.

Appears in 1 contract

Sources: Franchise Agreement