Can an Aerus franchisee sell products to commercial buyers?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Products**
We grant franchises to qualified individuals and business entities for the right to establish and operate businesses that (i) market, distribute and sell our line of air purification, water purification, water conditioning, floor care and other environmental products for homes and businesses, including accessories, attachments, parts and supplies; (ii) provide testing for indoor environmental contaminants and market, distribute and sell products, services and treatments for the control of indoor environmental contaminants; and (iii) perform product repair, maintenance and related services for our products and certain products of our competitors (collectively the "Products").
Our Products bear or are identified by the trade name, trademark or service mark "Beyond", "Beyond by Aerus", "Aerus", "Lux", "Electrolux" or certain other indicia owned, licensed or otherwise contracted for by us (the "Marks") which are marketed, distributed and sold through (among other channels) a network of independent franchisees, operating from permitted fixed locations, and their permitted distributors, licensees and sales representatives, who each assume responsibility for their own marketing, promotion, sales and distribution of the Products, directly or indirectly, to the end-user, consuming public. "Beyond Products" mean those Products marketed, distributed and sold under the "Beyond by Aerus" Mark.
We have developed a distinctive and proprietary system (the "System") for establishing and operating businesses that offer and sell the Products. The distinguishing characteristics of the System include, among other things: identification by the Marks;
Source: Item 1 — The Franchisor and any Parents, Predecessors, and Affiliates (FDD pages 9–15)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees can sell products to both residential and certain commercial buyers. Aerus grants franchises to operate businesses that market, distribute, and sell air purification, water purification, water conditioning, floor care, and other environmental products for homes and businesses. This includes accessories, attachments, parts, and supplies. Franchisees also provide testing for indoor environmental contaminants and market, distribute, and sell related products, services, and treatments.
Aerus franchisees can sell to commercial buyers who are not designated as "national accounts" in the manuals and who are not engaged in selling cleaning, purification, health improvement, or other consumer products or services. These commercial buyers must purchase the products for their own use or consumption and not for resale. This means an Aerus franchisee can target businesses that need these products for their own operations but cannot sell to commercial entities that would resell the products.
The FDD specifies that Aerus businesses primarily engage in selling products to either non-commercial, residential buyers or commercial buyers who meet specific criteria. This distinction is important because it defines the scope of potential commercial customers an Aerus franchisee can pursue. Franchisees should consult the Aerus manuals for a clear definition of "national accounts" to avoid any conflicts.
Prospective Aerus franchisees should carefully review the manuals and training materials to fully understand the guidelines for selling to commercial customers. Understanding these restrictions is crucial for developing a successful business strategy and ensuring compliance with Aerus's policies. Additionally, franchisees should clarify any uncertainties regarding the definition of "national accounts" with Aerus to avoid potential breaches of the franchise agreement.