ITEM 13: TRADEMARKS
The Franchise Agreement grants you the license to do business under the name "Furniture Medic" in your territory only and outside your territory as outlined in Item 12 and the Franchise Agreement. You also have the right to use the service mark "Furniture Medic" and all the other trademarks, service marks and Commercial Symbols used by us but only inside your territory and only when operating your franchised business. We, or our parent, SMC, or a subsidiary company, has registered, applied for registration based on use, and filed the necessary affidavits of the following Commercial Symbols with the United States Patent and Trademark Office on the Principal Register. An example of these trademarks is attached to this disclosure document as Exhibit I.
**Excerpt of Item 13 from Furniture Medic 2010 FDD**
ITEM 14: PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
You do not receive the right to use an item covered by a patent or a filed copyright, but you can use the proprietary information in Certa Pro's Confidential Methods of Operations Manual, Manager's Working Binders, Client Manual, order forms and reports. The Confidential Methods of Operations Manual is described in Item 11. Although Certa Pro has not filed an application for the registration of these written materials, we claim a copyright and the information contained in them is proprietary. Item 11 describes the limitation on the use of the Confidential Methods of Operations Manual by you and your employees. Certa Pro does not have to take any action against the unauthorized use of this proprietary information by third parties, but will respond to the unauthorized use as we think is appropriate. Certa Pro is not required to defend you against any infringement, unfair competition or other claim connected with your use of any of this proprietary information.
You cannot show Certa Pro's proprietary and confidential information to third parties not employed by you, either during the Franchise Agreement term or at any time after termination of the Franchise Agreement. You will pay for any losses that Certa Pro suffers if you disclose this proprietary information to third parties.
Certa Pro also has proprietary rights in our trade secrets, including our operating system, our unique system of estimating, our customer lists, our marketing methods and other technical information. We will disclose this information to you after you sign the Franchise Agreement. This information is proprietary and confidential. Certa Pro has established security procedures aimed at maintaining the secrecy of its trade secrets and proprietary information.
**Item 14 from Certa Pro 2010 FDD**
ITEM 15: OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS
If You are an individual, You must directly perform or supervise operations of the franchise unless We consent otherwise. If We agree that You need not personally perform or supervise the franchise, the franchise must be directly supervised by an individual who has successfully completed Our training program. The manager need not have an ownership interest in a corporate or partnership franchisee. The manager must sign a written agreement to conform with the covenants not to compete described in Item 17. You or any manager supervising Your franchise cannot have an interest or business relationship with any of Our competitors. If You are a corporation, direct, on-site supervision must be done by a designated shareholder who meets with Our approval, an "operating principal". If You are a corporation, Your principal shareholders must sign a guaranty assuming and agreeing to pay all monetary obligations under the Franchise Agreement.
**Item 15 from Curves 2010 FDD**
You are required to use the American Leak Detection System and Marks only as | permitted by the Franchise License Agreement and the American Leak Detection Manuals and only for the operation of a franchised American Leak Detection office engaged in leak detection and related repair and other related services, and, if permitted, for bioremediation services, in the Operating Territory and not for any other purpose. This means that you cannot sell products or services not authorized by us and that you must offer all of the products and services authorized by us, unless we allow differently due to special local circumstances or other reasons. We can change the list of authorized products and services to add or delete items without any contractual limit on our right to do so.
The Operating Territory specified in the Franchise License Agreement is the only area in which you may use any part of the American Leak Detection System (including, but not limited, to the providing of any leak detection and/or related repair services, and, if permitted, bioremediation services) and/or the Marks, and you may not use any part of the American Leak Detection System and/or the Marks outside the Operating Territory. You may make marketing presentations outside the Operating Territory but may only perform the services in the Operating Territory. We have the right to approve all contracts you enter into or projects you initiate. At all times, you must fully cooperate with all national account and other programs. We may condition your participation in any national, regional or other program, whether with suppliers, referral sources, customers or otherwise (including but not limited to any program involving payments from third party suppliers or otherwise), on, among other conditions, your being a franchisee in good standing and not in default under the Franchise License Agreement and/or any other agreement with us and/or any affiliate of ours. During the term of the Franchise License Agreement and any successor franchise, and for any other period provided by the Franchise License Agreement and/or relevant law, you will not perform any leak detection and/or related repair services except as an American Leak Detection Franchisee and subject to the terms of a Franchise License Agreement with us.
**Item 16 from American Leak Detection 2010 FDD**