General Franchise Policy
I. Introduction
This General Franchise Policy (“Policy”) sets forth the guidelines and standards governing the relationship between MaskPro Co., Ltd. (“Franchisor”) and its franchisees. This Policy is designed to provide an equitable and ethical framework that all participants must adhere to in order to maintain a mutually beneficial business relationship. By engaging in a franchising relationship, the franchisee acknowledges and agrees to strictly adhere to this Policy in addition to fulfilling the terms and conditions of their individual franchise agreement.
II. Compliance With Standards
All franchisees are required to meticulously adhere to MaskPro brand standards and guidelines. This encompasses all brand-related operations, including but not limited to customer services, product quality, brand image, and representation. It is fundamental to maintain uniformity across all franchises to safeguard the esteemed brand reputation. Non-compliance with MaskPro’s brand standards may lead to penalties, including termination of the franchise agreement or denial of renewal.
III. Ownership of Facebook Page, AI Technology and Intellectual Property Rights
Under the frameworks established by the Philippine Laws on Intellectual Property, specifically, Republic Act No. 8293, the Facebook Page and AI technology created for the benefit of each franchisee is strictly owned and operated by the Franchisor. In this regard, the Franchisor, in its sole discretion, issues this Facebook Page to each franchisee for exclusive use during their active franchise period.
All the content, including but not limited to posts, images, videos, and any other information posted on the Facebook Page (“Content”), remains the sole and exclusive property of the Franchisor. This underscores that all intellectual property rights associated with the Content are strictly vested with the Franchisor.
Thereby, the Franchisee holds no ownership or proprietary rights in the Facebook Page or the Content posted thereon. This implies that the Franchisee is prohibited from making any claims of ownership or copying, distributing, reproducing, or otherwise exploiting the Content without prior explicit permission from the Franchisor. Non-compliance will be treated as a violation of intellectual property laws, leading to penalties as detailed under Republic Act No. 8293.
IV. Franchisee’s Client Database
All existing and former clients of a franchisee who have availed of the Nano Ceramic Coating and Nano Ceramic Tint services, that have warranty attached and after-care services, as well as other existing services and future services under MaskPro Co., Ltd. (“Franchisor”), including but not limited to their contact information, transaction history, communication records and all other client-related details (“Client Database”), are the exclusive property of the Franchisor. In the event of a franchisee’s business failure or cessation, the Client Database from the affected franchise will be transferred to the new franchisee in the area.
The franchisor’s main branch will temporarily handle all client concerns, requests for product returns, warranty issues, and after-sales service during the transition period until a new franchisee is appointed. Franchisees are expressly prohibited from retaining or utilizing the Client Database for any purpose upon the cessation of their franchise agreement for any reason, including but not limited to misconduct, policy violation, or non-renewal of the franchise agreement.
V. Product Warranties and Aftercare
It is important to emphasize that the Franchisor recognizes the importance of maintaining the rights of its clients, especially in terms of warranty claims. For the MaskPro Nano Ceramic Coating service, warranties are as follows:
– 5 years for the Silver Package
– 7 years for the Gold Package
– 12 years for the Diamond Package
These packages include free maintenance every six months until the warranty expires.
For the MaskPro Nano Ceramic Tint service, warranties are as follows:
– 12 years or 21 years for the Hogo or Shirudo film series, respectively
These warranties will remain valid and will be honored by the Franchisor regardless of changes in franchisee management or ownership.
VI. Intellectual Property Cleanup Post Termination
Upon the cessation, nonrenewal, cancellation, or discontinuation of the franchise agreement, all usage of the Franchisor’s intellectual property, which includes but is not limited to, the MaskPro logo or name, must cease immediately. This applies to any manifestations of the brand, such as uniforms, signage, forms, documents, or any advertising materials, whether in physical, digital, or verbal form.
The franchisee is obligated to promptly remove all such intellectual properties within a maximum period of thirty (30) days from the termination or cancellation of the franchise agreement. Failure to adhere to this requirement may result in penalties as stipulated under the Philippine Laws on Intellectual Property, specifically Republic Act No. 8293.
VII. Conclusion
This policy document is crucial in maintaining the ethical, orderly, and efficient operations of the MaskPro Franchise network, globally. It is expected that all franchisees shall honor these guidelines in their earnest pursuit of business excellence in the industry.
Last Updated: March 21, 2020
