Buffalo Wild Wings 2005 Annual Report Download - page 97

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N. Participation in Internet Web Sites or Other Online
Communications. You must, at your expense, participate in our
BUFFALO WILD WINGS web site on the internet, our intranet system or
other online communications as we may require. For instance, you
must submit to us daily reports via our intranet system, as further
described in subparagraph 9.H. We have the right to determine the
content and use of our web site and intranet system and will
establish the rules under which franchisees may or must participate.
You may not separately register any domain name containing any of
the Trademarks nor participate in any web site that markets goods
and services similar to a BUFFALO WILD WINGS restaurant. We retain
all rights relating to our web site and intranet system and may
alter or terminate our web site or intranet system. Your general
conduct on our web site and intranet system or other online
communications and specifically your use of the Trademarks or any
advertising is subject to the provisions of this Agreement. You
acknowledge that certain information related to your participation
in our web site or intranet system may be considered Confidential
Information, including access codes and identification codes. Your
right to participate in our web site and intranet system, or
otherwise use the Trademarks or System on the internet or other
online communications, will terminate when this Agreement expires or
terminates.
O. System Modifications. You acknowledge and agree that we have the
right to modify, add to or rescind any requirement, standard or
specification that we prescribe under this Agreement to adapt the
System to changing conditions competitive circumstances, business
strategies, business practices and technological innovations and
other changes as we deem appropriate. You must comply with these
modifications, additions or rescissions at your expense, subject to
the requirements of subparagraph 5.E and any other express
limitations set forth in this Agreement.
P. Suggested Pricing Policies. We may, from time to time, make
suggestions to you with regard to your pricing policies.
Notwithstanding any suggestions, you have the sole and exclusive
right as to the minimum prices you charge for the services offered
at the Restaurant. We retain the right to establish maximum prices
to be charged by you for sales promotions or otherwise. Any list or
schedule of prices we furnish to you may, unless otherwise
specifically stated as to the maximum price, be treated as a
recommendation only and failure to accept or implement any such
suggestion will not in any way affect the relationship between you
and us.
PERSONNEL AND SUPERVISION STANDARDS
7. The following provisions and conditions control with respect to
personnel, training and supervision:
A. Supervision. You must have a Control Person and a Unit General
Manager that meet our standards and qualifications at all times
during the term of this Agreement. Your Control Person and Unit
General Manager must attend and successfully complete all required
training, as set forth in subparagraphs 7.B − E. Should any actions
(or inactions) of your Control Person or Unit General Manager cause
the individual to fail to meet our standards and qualifications or
should the action (or inaction) bring or tend to bring any of the
Trademarks into disrepute or impair or tend to impair your or your
Restaurant's reputation or the goodwill of the Trademarks, your
Restaurant or the BUFFALO WILD WINGS system, we have the right to
require that you replace the Control Person or Unit General Manager
with an individual who meets our standards and qualifications within
30 days. Any new Control Person or Unit General Manager must attend
and successfully complete our training requirements immediately
after being appointed by you. The Control Person and Unit General
Manager must insure that the Restaurant is operated in accordance
with the terms and conditions of this Agreement, although this in no
way relieves you of your responsibilities to do so. Your Control
Person also must be readily and continuously available to us. In
addition to the Control Person and your Unit General Manager, you
must have at least two assistant managers at all times during the
term of this Agreement.
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