What is the purpose of the System Media Fund that Aerus may assess franchisees for?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
ertising, public relations, and promotion in the Area of Responsibility. At the request of Company, Franchisee shall furnish, to Company, an accurate accounting of Franchisee's expenditure on local advertising, public relations, and promotion, in form and content satisfactory to Company.
- E. Company also reserves the right to assess the Franchisee for contributions to the System Media Fund. The System Media Fund shall be designed to facilitate media market spending that benefits the System. The System Media Fund shall be organized for the purposes of, and all contributions thereto and any earnings thereon shall be used exclusively to meet the costs for maintaining, directing, preparing and conducting media campaigns, regional and national
advertising for the benefit of the System. The System Media Fund can be implemented on a national, local or regional basis. Upon establishment of the System Media Fund by Company, Franchisee's obligations shall be as set forth in Addendum B, attached hereto.
- F. Company may establish from time to time a company website or websites. Company may, at its sole option, from time to time, without prior notice to Franchisee: (1) change, revise or eliminate the design, content and functionality of such website; (2) make operational changes to such website; (3) change or modify the URL and/or domain name of such website; (4) substitute, modify or rearrange such website. Company may, at its option, use such website to engage in any form of Electronic Commerce.
- G. In all events, and without limiting or modifying any other provision of this Agreement, any advertising or marketing undertaken by Franchisee shall properly incorporate the Marks and shall fully comply with any specifications, requirements, or limitations promulgated in this Agreement, the Manuals, or otherwise by Company concerning use of the Marks. Franchisee shall not use, nor authorize any third party to use, the Marks to advertise, promote, offer or sell by, over or through the Internet any goods or services which are the same as or similar to those (i) offered at or from the Franchised Business, (ii) which bear the Marks, or (iii) which are otherwise offered or sold under the Marks. Notwithstanding the foregoing, Company may, from time to time, at its sole option, establish a Franchisee webpage and link such webpage to any Company website. Company may permit Franchisee to customize or post certain information to such Franchisee webpage, subjec
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the System Media Fund is designed to facilitate media market spending that benefits the Aerus system. The contributions to the fund, along with any earnings, are to be used exclusively for maintaining, directing, preparing, and conducting media campaigns, as well as regional and national advertising to benefit the entire Aerus system. The System Media Fund can be implemented on a national, local, or regional level, allowing for flexibility in advertising strategies. Upon the establishment of the System Media Fund, the franchisee's obligations are detailed in Addendum B.
Each month, franchisees are required to pay a System Media Fund Fee to Aerus. The company, or its designee, maintains and administers the fund, overseeing all advertising and promotional programs. Aerus has the sole discretion to approve or disapprove the creative concepts, materials, and media used in these programs, including their placement and allocation. The fund aims to maximize general public recognition and acceptance of the Aerus system and its trademarks.
The funds collected may be used to purchase various forms of media, including internet, electronic, event, radio, television, and print advertising, on a local, regional, or national basis. All sums paid by franchisees are kept in a separate account from Aerus's other monies. These funds are used to cover Aerus's reasonable administrative costs and overhead related to managing the System Media Fund and advertising programs. Aerus is permitted a management fee, which cannot exceed 5% of the total System Media Fund Fees collected during a calendar year.
While the System Media Fund is intended to be perpetual, Aerus retains the right to terminate it, but not until all monies have been spent on advertising and promotional activities. The System Media Fund operates as a conduit for collecting and spending advertising contributions for the stated purposes, and Aerus does not have a fiduciary obligation in its maintenance or administration. The fund can be established for all franchise programs or separately for one or more of them, providing flexibility in how advertising efforts are organized and funded within the Aerus franchise system.