(1) No third-party food delivery service shall use the likeness, registered trademark, any intellectual property belonging to a food service establishment, or the name of such food service establishment to advertisement such third-party food delivery service without obtaining written consent from the food service establishment to use the likeness, trademark, or other intellectual property, or name of the merchant, unless:
(a) such use is otherwise permitted under federal or state law; and
(b) such use is accompanied by a prominent disclaimer beneath any likeness, registered trademark, other intellectual property, or the name of such food service establishment in a font that is at least as large as any other text appearing on the platform on which the reference to the food service establishment appears:
"THIS THIRD-PARTY FOOD DELIVERY SERVICE IS NOT AN AUTHORIZED DELIVERY SERVICE FOR THIS RESTAURANT. THIS THIRD-PARTY FOOD DELIVERY SERVICE DOES NOT HAVE AN AGREEMENT TO DELIVER FOR THIS RESTAURANT. PLEASE CONTACT THE RESTAURANT DIRECTLY TO OBTAIN UP TO DATE INFORMATION ON MENU ITEMS."
The disclaimer must be noticeable and of a size and color that sets the disclaimer apart from other parts of the advertisement, webpage, mobile application, or other platform, such as a contrasting style and color to the surrounding text.