Common use of DELIVERY PROGRAM Clause in Contracts

DELIVERY PROGRAM. (a) Franchisee acknowledges the need for effective implementation of the Delivery Program and, to the extent any Franchised Restaurant participates in the Delivery Program, it agrees to sign and maintain an agreement in place on terms (other than pricing terms) approved by FRANCHISOR with an Approved Supplier and/or Delivery Aggregator responsible for creating and managing an online platform or a call center, or both, used to place customers’ orders with the Franchised Restaurants for the Delivery Program. Franchisee shall be solely responsible for compliance with the obligations under its contract with such an Approved Supplier and/or Delivery Aggregator, including, without limitation, any payments due for order processing costs, call center costs, handling and delivery costs, and shall indemnify and hold PLK and any of PLK’s Affiliates harmless in respect to any damage that may arise as a breach of Franchisee’s obligations to such an Approved Supplier and/or Delivery Aggregator. (b) To the extent any Franchised Restaurant in the Territory begins participation in the Delivery Program, Franchisee shall maintain an uninterrupted Delivery Program during the Term. Franchisee acknowledges that the Delivery Program is an integral part of the Popeyes System and it therefore commits to the maintenance and development of the Delivery Program strictly in compliance with the Delivery Requirements and the terms of this Agreement, including, without limitation, standards of uniformity, licensing, authorizations and/or approvals, as well as compliance with applicable laws and insurance requirements. In this respect, PLK has provided Franchisee with the necessary materials, including the Confidential Operating Manual, in relation to the establishment and development of the Delivery Program and Franchisee agrees to fully comply with such materials applicable to the Delivery Program, including the Confidential Operating Manual. (c) Franchisee shall ensure its compliance with any of its obligations as the data controller or data processor of any personal data of any Franchised Restaurant’s customers, in accordance with all applicable data protection laws. F▇▇▇▇▇▇▇▇▇ agrees to indemnify and hold FRANCHISOR and all FRANCHISOR Indemnified Parties harmless for any loss or damages whatsoever that may arise as a result of Franchisee’s breach of its data protection obligations.