Under what conditions can an Aerus franchisee conduct internet advertising?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
ct for your benefit or require you to participate in any group advertising program.
You must make all commercially reasonable efforts to advertise and promote the Franchised Business in the Area of Responsibility, expending an amount equal to at least the Minimum Local Advertising Fee described in this Disclosure Document. You must submit samples of all advertising and promotional materials to us for approval prior to its use. No advertisement or promotional material may be placed outside the Area of Responsibility, and you may not conduct any national or international advertising of any kind, including any internet advertising (except in very limited circumstances and subject to our written approval). You must advertise at all times in the manner designated by us in the Manuals or otherwise in writing, using formats approved by us in advance; provided, that we may require that all such advertising be placed by us or a third party designated by us, and at your expense. (Franchise Agreement, Section 11).
We are not obligated to spend any amount on advertising in your Area of Responsibility. We may in the future establish a System Media Fund (the "System Media Fund"). If we establish the System Media Fund, you (and other franchisees with your franchise program) would be required to contribute up to 3% of Gross Sales to the System Media Fund. (Franchise Agreement, Addendum B). In addition:
-
- 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;
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, franchisees face specific restrictions regarding internet advertising. Generally, franchisees are prohibited from conducting any national or international advertising, including internet advertising. However, there are limited circumstances where internet advertising may be permitted, but this is contingent upon receiving Aerus's written approval.
To ensure compliance, franchisees must submit all advertising and promotional materials to Aerus for approval before use. Furthermore, franchisees must adhere to the advertising guidelines set forth by Aerus in the manuals or in writing, using formats that Aerus has pre-approved. Aerus retains the right to mandate that all advertising be placed by Aerus itself or a designated third party, with the franchisee bearing the expense.
Additionally, franchisees are prohibited from establishing their own websites or promoting products or services online using Aerus's marks without prior written consent. As a condition of granting consent for a website, Aerus has the right to establish requirements, potentially limiting the franchisee's internet presence to a webpage on Aerus's main website. Aerus defines a "Website" broadly to include interactive electronic documents, internet and World Wide Web home pages, and social media webpages such as Facebook, LinkedIn, MySpace, and X (formerly known as Twitter) web pages/accounts.