Bora Bora Smoothie Cafe

4) We currently do not require that you spend any amount on local advertising, marketing and promotional programs (“Local Advertising”), however, we may in the future require that you spend a minimum of one percent (1%) of your Gross Revenues on Local Advertising. If required, payments for the first year will be calculated on a monthly basis based on one percent (1%) of the monthly Gross Revenues for the prior month. If required, payment for the first month will be an estimate. Any discrepancy between the amount paid for the first month and the amount equal to one percent (1%) of Gross Revenues for the first month will be credited against or added to the amount due for the second month. There are currently no advertising cooperatives in our System. We may create a regional advertising cooperative and require you to contribute to this advertising cooperative in our sole discretion. Any financial contributions made by you to the advertising cooperative may be credited against your required expenditures for Local Advertising. Company- owned units may be active members of any cooperative and may possess voting power in accordance with the rules of the cooperative as we may determine in our sole discretion. You may not use Social Media Platforms (defined as web based platforms such as Facebook, Twitter, Snapchat, Instagram, LinkedIn, blogs and other networking and sharing sites) or use Social Media Materials (defined as any material on any Social Media Platform that makes use of our Principal Trademarks, name, brand, products or your Franchised Business whether created by us, you or a third-party) without our prior written approval.

4) We currently do not require that you spend any amount on local advertising, marketing and promotional programs (“Local Advertising”), however, we may in the future require that you spend a minimum of one percent (1%) of your Gross Revenues on Local Advertising. If required, payments for the first year will be calculated on a monthly basis based on one percent (1%) of the monthly Gross Revenues for the prior month. If required, payment for the first month will be an estimate. Any discrepancy between the amount paid for the first month and the amount equal to one percent (1%) of Gross Revenues for the first month will be credited against or added to the amount due for the second month. There are currently no advertising cooperatives in our System. We may create a regional advertising cooperative and require you to contribute to this advertising cooperative in our sole discretion. Any financial contributions made by you to the advertising cooperative may be credited against your required expenditures for Local Advertising. Company- owned units may be active members of any cooperative and may possess voting power in accordance with the rules of the cooperative as we may determine in our sole discretion. You may not use Social Media Platforms (defined as web based platforms such as Facebook, Twitter, Snapchat, Instagram, LinkedIn, blogs and other networking and sharing sites) or use Social Media Materials (defined as any material on any Social Media Platform that makes use of our Principal Trademarks, name, brand, products or your Franchised Business whether created by us, you or a third-party) without our prior written approval.

4) We currently do not require that you spend any amount on local advertising, marketing and promotional programs (“Local Advertising”), however, we may in the future require that you spend a minimum of one percent (1%) of your Gross Revenues on Local Advertising. If required, payments for the first year will be calculated on a monthly basis based on one percent (1%) of the monthly Gross Revenues for the prior month. If required, payment for the first month will be an estimate. Any discrepancy between the amount paid for the first month and the amount equal to one percent (1%) of Gross Revenues for the first month will be credited against or added to the amount due for the second month. There are currently no advertising cooperatives in our System. We may create a regional advertising cooperative and require you to contribute to this advertising cooperative in our sole discretion. Any financial contributions made by you to the advertising cooperative may be credited against your required expenditures for Local Advertising. Company- owned units may be active members of any cooperative and may possess voting power in accordance with the rules of the cooperative as we may determine in our sole discretion. You may not use Social Media Platforms (defined as web based platforms such as Facebook, Twitter, Snapchat, Instagram, LinkedIn, blogs and other networking and sharing sites) or use Social Media Materials (defined as any material on any Social Media Platform that makes use of our Principal Trademarks, name, brand, products or your Franchised Business whether created by us, you or a third-party) without our prior written approval.

4) We currently do not require that you spend any amount on local advertising, marketing and promotional programs (“Local Advertising”), however, we may in the future require that you spend a minimum of one percent (1%) of your Gross Revenues on Local Advertising. If required, payments for the first year will be calculated on a monthly basis based on one percent (1%) of the monthly Gross Revenues for the prior month. If required, payment for the first month will be an estimate. Any discrepancy between the amount paid for the first month and the amount equal to one percent (1%) of Gross Revenues for the first month will be credited against or added to the amount due for the second month. There are currently no advertising cooperatives in our System. We may create a regional advertising cooperative and require you to contribute to this advertising cooperative in our sole discretion. Any financial contributions made by you to the advertising cooperative may be credited against your required expenditures for Local Advertising. Company- owned units may be active members of any cooperative and may possess voting power in accordance with the rules of the cooperative as we may determine in our sole discretion. You may not use Social Media Platforms (defined as web based platforms such as Facebook, Twitter, Snapchat, Instagram, LinkedIn, blogs and other networking and sharing sites) or use Social Media Materials (defined as any material on any Social Media Platform that makes use of our Principal Trademarks, name, brand, products or your Franchised Business whether created by us, you or a third-party) without our prior written approval.

4) We currently do not require that you spend any amount on local advertising, marketing and promotional programs (“Local Advertising”), however, we may in the future require that you spend a minimum of one percent (1%) of your Gross Revenues on Local Advertising. If required, payments for the first year will be calculated on a monthly basis based on one percent (1%) of the monthly Gross Revenues for the prior month. If required, payment for the first month will be an estimate. Any discrepancy between the amount paid for the first month and the amount equal to one percent (1%) of Gross Revenues for the first month will be credited against or added to the amount due for the second month. There are currently no advertising cooperatives in our System. We may create a regional advertising cooperative and require you to contribute to this advertising cooperative in our sole discretion. Any financial contributions made by you to the advertising cooperative may be credited against your required expenditures for Local Advertising. Company- owned units may be active members of any cooperative and may possess voting power in accordance with the rules of the cooperative as we may determine in our sole discretion. You may not use Social Media Platforms (defined as web based platforms such as Facebook, Twitter, Snapchat, Instagram, LinkedIn, blogs and other networking and sharing sites) or use Social Media Materials (defined as any material on any Social Media Platform that makes use of our Principal Trademarks, name, brand, products or your Franchised Business whether created by us, you or a third-party) without our prior written approval.

All business stationery, business cards, advertising plans and materials, marketing plans and materials, public relations programs, sales materials, signs, decorations and paper goods (such materials whether created by Franchisor, Franchisee or any third-party are collectively defined as “Advertising Materials”). In addition, all your advertising, marketing and promotional activities in any medium must be conducted in a dignified manner and must conform to the standards and requirements in the Confidential Operating Manual or otherwise approved by us in writing. You will be prohibited from advertising, marketing or promoting your Bora Bora Smoothie Cafe on Social Media and you may not maintain an account for your Bora Bora Smoothie Cafe with any Social Media Platform. All use of Social Media is expressly reserved for us. However, you will be required to register your Bora Bora Smoothie Café with online business listing pages such as Google Maps, Yelp and Nextdoor. You must obtain our approval (i) before you use any Advertising Materials if we have not prepared or approved such Advertising Materials within the previous twelve (12) months. You must submit all unapproved Advertising Materials, to us via certified or electronic mail. We will approve or disapprove your request within ten (10) days after submission. If you do not receive written approval within ten (10) days after submission of your request for approval, such request will be deemed denied. We may withhold our approval of your use of any Advertising Materials for any reason and no reason at all. You may not use any unapproved Advertising Materials. We have the right to revoke our prior approval of your use of any Advertising Materials. You must promptly discontinue use of any Advertising Materials, whether or not previously approved, on notice from us. 23 Bora Bora Franchising Inc.