What standards, specifications, and procedures must Aerus franchisees follow for advertising and marketing?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
nchisee may not extend the Company Consumer Warranty or provide or offer additional warranties above and beyond the Company Consumer Warranty. As part of the service requirement described herein, Franchisee shall honor and provide service in connection with any Company Consumer Warranty.
11. Advertising, Marketing, Promotion; Use of the Internet.
- A. All advertising or marketing to be undertaken by Franchisee shall comply with Company's standards, specifications and procedures as specifically described herein and in the Manuals. Franchisee shall submit a sample of each type of advertising material to Company for Company's approval prior to use. Franchisee may not use any advertising material, unless such material has been approved in writing by Company and has not subsequently been disapproved by Company. Franchisee shall immediately discontinue the use of any advertising materials which Company subsequently disapproves. No advertising, marketing or promotions material may be placed outside the Area of Responsibility, and Franchisee shall not place or otherwise conduct any national or international advertising of any kind.
- B. Franchisee shall install and, at all times during the term of this Agreement, maintain an outdoor sign in a prominent location in accordance with Company's sign specifications in effect from time to time, or as approved, in writing, by Company, unless prohibited from doing so by applicable laws and regulations.
- C. Franchisee shall advertise, at all times, in the manner designated by Company from time to time in the Manuals or otherwise in writing, using formats or templates approved in advance by Company. Company shall have the right to require that all such advertising be placed by Company or a third party designated by Company in accordance with such procedures as Company may designate in the Manuals or otherwise in writing, and at Franchisee's expense. Company shall have the right to designate the size, form and content of such advertising and that Franchisee utilize a listing which identifies other Aerus Businesses in addition to its own.
- D. Franchisee shall, in addition to the other requirements of this Section, expend each year the Minimum Local Advertising Expense on local advertising, 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.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees must adhere to specific standards, specifications, and procedures for all advertising and marketing activities. All advertising materials must comply with Aerus's standards as detailed in the manuals and must be submitted to Aerus for written approval before use. Franchisees are required to immediately stop using any advertising materials that Aerus subsequently disapproves. Furthermore, franchisees are restricted from placing advertising or promotional materials outside their designated Area of Responsibility and are prohibited from conducting any national or international advertising.
Aerus franchisees are obligated to install and maintain an outdoor sign at their location that conforms to Aerus's specifications, unless prohibited by local laws. Franchisees must advertise in the manner designated by Aerus, using approved formats or templates. Aerus retains the right to mandate that all advertising be placed by Aerus itself or a designated third party, at the franchisee's expense. Aerus also has the authority to determine the size, form, and content of advertising, including requiring franchisees to include listings of other Aerus businesses in their advertising.
In addition to these requirements, Aerus franchisees must spend a Minimum Local Advertising Expense each year on local advertising, public relations, and promotion within their Area of Responsibility. Franchisees must provide Aerus with an accurate accounting of these expenditures in a format satisfactory to Aerus, upon request. Aerus also reserves the right to assess franchisees for contributions to the System Media Fund, which is used to fund media market spending that benefits the entire Aerus system. Franchisees are prohibited from advertising, marketing, or soliciting sales outside of their Area of Responsibility and cannot conduct any aspect of the franchised business over the internet without Aerus's prior written approval and only as part of a company-sponsored program.