Within the EU the rules of competition must be taken into consideration in order to decide whether possible limitations of the franchisee’s freedom to sell through the Internet are admissible. See Introduction, § 9. This may require changing the clauses hereunder.

[Page27:]

8.1 A17 Franchisee shall obtain the prior written consent of the Franchisor to open a website or a facility on its website for online advertising and sales of the Products and in granting such consent the Franchisor shall be entitled to impose such conditions as it shall deem appropriate to ensure that the design and purpose of Franchisee’s website and online sales facility are in line with the image of the System and are in compliance with the Manual.

8.1 B (a) Franchisor maintains an Internet website that provides information about the Products and the Franchisees and may include an online sales facility. Franchisor will have sole discretion and control over the Website’s design and contents, except that Franchisor will attempt to configure the site to accommodate the information that section (b) describes. Franchisor will have no obligation to maintain the website indefinitely, but may dismantle it at any time without liability to Franchisee.

(b) Franchisor will include on the website a series of (interior) pages identifying its Franchisees by name, address, telephone number and e-mail address. At Franchisee’s request and upon Franchisee’s execution of a Terms of Use Agreement in a form provided by Franchisor, Franchisor will include at the website one or a series of interior pages devoted to information about Franchisee. The page(s) must be developed by Franchisee at its expense, with a template provided by Franchisor and will be subject to Franchisor’s approval as to form, content and programming quality. Franchisee will not have the right to modify its page(s) except in coordination with Franchisor and in compliance with Franchisor’s policies and procedures.

(c) Franchisee will have no right, license or authority to use any of the IP Rights on or in connection with the Internet, except as stated in and permitted by the above section (b).

[Page28:]

17
Choose between alternatives A and B.