Can Aerus use System Media Fund contributions to develop, implement and maintain an electronic commerce website and/or related strategies?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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 can be used to develop, implement, and maintain an electronic commerce website and related strategies. Aerus has the sole right to decide how the System Media Fund creates, places, and pays for marketing.
Specifically, Aerus can use the System Media Fund contributions to develop and maintain their website(s) and to develop, implement, and maintain an electronic commerce website and/or related strategies. They can also use the fund to maintain and develop one or more websites devoted to the Programs and Marks, and to provide promotional and other marketing materials and services to Franchised Businesses operated under the Programs.
Aerus has the right to direct all advertising programs and all aspects of any System Media Fund. The System Media Fund is intended to maximize the general public's recognition of the Marks and the Programs. Aerus is not obligated to make expenditures for any franchisee that are equivalent or proportionate to their contribution, ensure that any particular franchisee benefits directly or pro rata from expenditures by the System Media Fund, or expend any particular amount of money in a franchisee's Area of Responsibility.
The System Media Fund will be used to meet the costs of preparing advertising, marketing, public relations and promotional programs and materials, and any other activities that Aerus believes will enhance the image of the Programs. Aerus can use the fund to prepare and conduct media advertising campaigns, social media campaigns, direct mail advertising, marketing surveys and other public relations activities, employ advertising and/or public relations agencies, 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, administer regional and multi-regional marketing and advertising programs, engage in or retain third parties to engage in market research and customer satisfaction surveys, and develop and implement customer loyalty and gift card programs and customer retention programs.