10. Prohibited Uses
10. Prohibited Uses
This FRANCHISOR POLICY (the “Franchisor Policy“) governs our policies for our Franchisors. This Franchisor Policy is a legal agreement between you (as a Franchisor) and the Company and describes the terms governing your use of our Services as a Franchisor. By accepting electronically, installing, accessing or using our Brand Assets and/or by clicking any button marked “I Accept,” “I Agree,” “You Agree,” “You Accept” or similar when acting as a Franchisor: (a) you agree to be bound by this Franchisor Policy and all of our other Terms of Service and (b) you further agree that any of your Authorized Users of our Services will also be bound by this Franchisor Policy and all of our other Terms of Service. IF YOU DO NOT AGREE TO THIS FRANCHISOR POLICY, THEN YOU ARE PROHIBITED FROM USING OUR SERVICE.
This Franchisor Policy forms part of our Terms of Service. See our End-User Agreement for additional terms governing your use of our Services generally. Capitalized terms used herein but not defined shall have the meanings assigned to them in our End-User Agreement.
IF YOU HAVE QUESTIONS ABOUT THIS FRANCHISOR POLICY, PLEASE CONTACT THE COMPANY AT THE FOLLOWING EMAIL ADDRESS: email@example.com.
Registration. As a prospective Franchisor, you may be required to undergo a special registration process. You represent and warrant that any information you provide to us during this registration process is true and correct. You acknowledge and agree that we may deny your registration as a Franchisor for any reason, in our sole discretion. You further acknowledge and agree that if we deny your registration, we are under no obligation to inform you as to the reasons for such denial.
Subscription and Fees. Your registration as a Franchisor may require your subscription to an AccountingSuite Subscription with different terms or fees.
Franchisee Designation. You may authorize any number of Registered Users to become your Franchisees. If a potential Franchisee is not a current Registered User, you will be required to create a Registered User account for your Franchisee. You must select an AccountingSuite Subscription for each Registered User you wish to designate as a Franchisee. The AccountingSuite Subscriptions available for you to select from shall be determined by the Company in our sole discretion, unless otherwise stated in a written agreement between you and the Company.
Franchisee Fees. Unless otherwise stated in writing by the Company, you are responsible for the payment of all Fees due to the Company as a result of your Franchisees’ use of our Services.
Your Agreement with Your Franchisees.
Any agreement you make with your Franchisee is solely your responsibility. We are not responsible for fulfilling any terms of such agreements. You agree that you will not make any agreement with your Franchisee in contravention of our Terms of Service (including this Franchisor Policy). You further agree that any provisions of such an agreement purporting to do so shall be null and void.
We are not responsible for any fees that you may charge your Franchisees, nor do we have any responsibility to collect such fees on your behalf, unless we have agreed to provide such a feature to you in your Accounting Suite Subscription or otherwise in writing.
Use of Subcontractors. If you make use of subcontractors when acting as a Franchisor, then you agree to require that your subcontractors comply with our Terms of Service, including our Franchisor Policy. You also shall ensure that these subcontractors only have access to our Services only during the duration of their contract with you.
Restricted Communications. You may not, either verbally or through writing: (a) misrepresent the Company or the Company’s products, services, prices or offerings and/or (b) promote AccountingSuite using inappropriate, profane, defamatory, obscene, indecent or illegal content.
Privacy and Confidentiality. You understand that each Franchisee and each Accounting Client is entitled to data privacy for their User Data (including Accounting Data). As such, without the express authorization of the owner of such data : (a) you agree not to access any User Data (including Accounting Data) belonging to such Person and (b) you agree to treat such User Data as confidential between such Persons.
Prohibited Uses. To the extent applicable, Section 5 (Prohibited Uses) of our End-User Agreement applies to your use of our Services as a Franchisor. Furthermore, unless otherwise stated to you by us in writing, you agree not to use, nor permit any third party to:
Use your Franchisee’s or any Accounting Client’s data in any way which violates our Terms of Service or Applicable Laws and/or Rules;
Represent yourself (either through statements or actions) as an agents or representative of the Company;
Create false or non-existent Franchisees or Accounting Clients;
Use any Person’s Personally Identifiable Information without that Person’s permission; and/or
Permit any third party to scrape, access, store or use any Franchisee’s or Accounting Client’s User Data for any purpose not directly related to your advertised service offerings or your agreement with your Accounting Client.
Indemnification. In addition to the indemnification provision of Section 21 of our End-User Agreement, you agree to indemnify and hold the Company and its Affiliates harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of (a) your use of our Services as a Franchisor, (b) your use of any Franchisee’s or Accounting Client’s User Data, including Personally Identifiable Information, (c) your violation of any of your Franchisees’ or their Accounting Clients’ rights or any contractual agreement (whether written, oral or otherwise) you may have with your Franchisees and/or their Accounting Clients, (d) any breach by you of your Franchisees’ or their Accounting Clients’ confidentiality, (e) your provision of goods or services to your Franchisees or their Accounting Clients or your relationship generally with your Franchisees or their Accounting Clients, (f) your failure to secure your user account or password or (g) your breach of our Terms of Service, including this Franchisor Policy (collectively referred to as “Claims”). You also agree to indemnify the Company and its Affiliates to the same extent and for the same causes for (x) actions taken or not taken by your Authorized Users, (y) actions taken or not taken by your Franchisees or their Accounting Clients to the extent under your control and/or (z) any suit or cause of action brought by any of your Franchisee or their Accounting Clients as a result of your performance as a Franchisor. The procedure for such indemnification may be found in Section 21 of our End-User Agreement.
Disclaimer of Warranties. To the extent applicable, our disclaimer of warranties under Section 19 under our End-User Agreement applies to: (a) your use of our Services as a Franchisor and (b) your Franchisees’ and their Accounting Clients’ use of our Services.
The Company may, in its sole discretion and without notice and in whole or in part, restrict, deny, suspend or terminate this Franchisor Policy and your ability to use our Services as Franchisor effective at any time, in whole or in part, for: (a) any reason that your use of our Services may be terminated under any portion of our Terms of Service, (b) any breach by you of this Franchisor Policy, (c) any violation by you of your Franchisees’ or their Accounting Clients’ confidentiality, (d) any violation of any of your Franchisees’ or their Accounting Clients’ rights or any contractual agreement you may have with such Persons, (e) the termination of your role as a Franchisor by any or all of your Franchisees or (f) to protect the interests or data of your Franchisees or their Accounting Clients. The following Sections of this Franchisor Policy shall survive its termination: Section 1, 5 through 16.
UPON TERMINATION OF THIS Franchisor Policy, ANY ACCESS TO YOUR FRANCHISEES’ AND ACCOUNTING CLIENTS’ USER DATA WILL IMMEDIATELY BE TERMINATED.
Representations and Warranties. You represent and warrant that: (a) you have obtained all consents necessary from each of your Franchisees to authorize your access to such client’s User Data and (b) that you have obtained any licenses or certifications required by Applicable Laws and/or Rules for you to perform as an Franchisor for your Franchisees.
Relationship Between the Parties. Nothing in this Franchisor Policy shall be construed to create a partnership, joint venture or agency relationship between you, us, your Franchisees or their Accounting Clients, or to create an employment relationship between you, us, your Franchisees or their Accounting Clients.
SEE OUR END-USER AGREEMENT FOR ADDITIONAL TERMS GOVERNING YOUR USE OF OUR SERVICES GENERALLY.