What is the intended purpose of the System Media Fund for Aerus?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
oss Sales to the System Media Fund. (Franchise Agreement, Addendum B). In addition:
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- We or a designee will have the right to direct all advertising programs, as well as all aspects of any System Media Fund, including the concept, materials, and media used in the programs and the placement and allocation of the programs. The System Media Fund is intended to maximize the general public's recognition of the Marks and the Programs; and we and our designee are not obligated, in administering the System Media Fund, to make expenditures for you which are equivalent or proportionate to your contribution, to ensure that any particular franchisee benefits directly or pro rata from expenditures by the System Media Fund, or to expend any particular amount of money in your Area of Responsibility.
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- The System Media Fund will be used only (except as otherwise provided below) to meet any and all costs of maintaining, administering, directing, conducting, creating, and/or otherwise preparing advertising, marketing, public relations and promotional programs and materials, and any other activities that we believe will enhance the image of the Programs.
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- We have the right to use System Media Fund contributions to, among other things, prepare and/or conduct media advertising campaigns, social media campaigns, direct mail advertising, marketing surveys and other public relations activities; employ advertising and/or public relations agencies to assist in doing so; purchase promotional items; develop new or modified trade dress and marks; point-of-purchase (POP) materials; design and photographs; conduct and administer visual merchandising, and other merchandising programs; purchase media space or time (including all associated fees and expenses); administer regional and multi-regional marketing and advertising programs; engage in or retain third parties to engage in market research and customer satisfaction surveys; develop and implement customer loyalty and gift card programs; customer retention programs; offset costs associated with the creative development of, and actual production associated
2025 Aerus FDD 28
with, premium items, giveaways, promotions, contests, public relation events, and charitable or non-profit events; develop and maintain our website(s); develop, implement and maintain an electronic commerce website and/or related strategies; maintain and develop one or more websites devoted to the Programs and Marks; provide promotional and other marketing materials and services to Franchised Businesses operated under the Programs; and offset the salaries of our employees to the extent such employees provide services in conjunction with System marketing activities. The System Media Fund may also be used to provide rebates or reimbursements to franchisees for local expenditures on products, services, or improvements, approved in advance by us, which products, services, or improvements we will have the right to determine, that we believe will promote general public awareness and favorable support for the Programs. We will have the sole right to decide how the System Media Fund creates, places, and pays for marketing.
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- Upon 30 days' notice from us that we have established the System Media Fund, you must contribute to the System Media Fund in the manner we specify. All sums you pay to the System Media Fund will be maintained in an account separate from our other monies.
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Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 36–43)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the System Media Fund is intended to maximize general public recognition of Aerus's Marks and Programs. Aerus has the right to direct all advertising programs and aspects of the System Media Fund, including the concept, materials, media used, and the placement and allocation of these programs. Aerus is not obligated to make expenditures for a franchisee equivalent or proportionate to their contribution or to ensure any particular franchisee benefits directly or pro rata from the System Media Fund expenditures, nor are they required to spend any particular amount of money in a franchisee's Area of Responsibility.
The System Media Fund will be used to cover the costs of maintaining, administering, directing, conducting, creating, and preparing advertising, marketing, public relations, and promotional programs and materials, as well as any other activities that Aerus believes will enhance the image of its Programs. These activities may include media advertising campaigns, social media campaigns, direct mail advertising, marketing surveys, public relations activities, purchasing promotional items, developing new trade dress and marks, point-of-purchase materials, and visual merchandising programs.
Aerus has the right to use the System Media Fund contributions to engage in market research and customer satisfaction surveys, develop and implement customer loyalty and gift card programs, customer retention programs, offset costs associated with creative development and production, premium items, giveaways, promotions, contests, public relation events, and charitable or non-profit events. The fund can also be used to develop and maintain websites, implement electronic commerce strategies, provide promotional materials to franchisees, and offset employee salaries to the extent they provide services related to System marketing activities. The System Media Fund may also provide rebates or reimbursements to franchisees for local expenditures on approved products, services, or improvements that promote public awareness and support for the Programs. Aerus has the sole right to decide how the System Media Fund creates, places, and pays for marketing.
Franchisees should note that Aerus is not obligated to spend any specific amount on advertising in their area and that contributions to the System Media Fund do not guarantee direct or proportionate benefits. Aerus maintains the right to terminate the System Media Fund, but only after all monies have been spent for marketing or promotional purposes. If the entire System Media Fund is expended during a fiscal year, Aerus may loan funds to the System Media Fund to cover any deficit.