What restrictions apply to graphics and materials used in Aplus store displays?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
usiness or any particular incident or occurrence related to the Franchised Business, without the Franchisor's prior written approval.
11.4. Association with Causes
Franchisee shall not in the name of the Franchised Business, other APLUS or SUNOCO franchisees, or the System (a) donate money, products, or services to any charitable, political, religious, or other organization, or (b) act in support of any such organization, without the Franchisor's prior written approval.
11.5. Advertising Pre-Approval
Franchisee shall submit to Franchisor, for its prior approval, all advertising and promotional materials to be used by Franchisee including, but not limited to, billboards, television ads, radio ads, ad copy, coupons, flyers, scripts, sponsorships, and direct mail. Franchisor shall use reasonable efforts to provide notice of approval or disapproval within thirty (30) days from the date all requested material is received by Franchisor. If Franchisor does not approve submitted materials by the end of such thirty (30) day period, such materials shall be deemed to have not received the required approval. Franchisee shall not use any marketing or promotional material prior to written approval by Franchisor.
11.6. Promotion
Franchisee shall operate the Franchised Business so that it is clearly identified and advertised as an APLUS Store. Franchisee shall use the trademark "APLUS" and the other Marks which now or hereafter may form a part of the System, on all signs, suppliers, business cards, uniforms, advertising materials, Technology platforms, signs and other articles in the identical combination and manner as the Franchisor may prescribe in writing and Franchisee shallsupply to the Franchisorsamples and photographs of the same upon Franchisor's request. Franchisee shall comply with all trademark, trade name, service mark and copyright notice marking requirements and Franchisee shall ssupply to the Franchisor samples or photographs upon Franchisor's request.
12. ACCOUNTING, RECORDS AND REPORTING OBLIGATIONS
12.1. Records
During the term of this Agreement, Franchisee shall maintain full, complete and accurate books, records and accounts in accordance with the standard accounting system prescribed by Franchisor in the Manual or otherwise in writing. Franchisee shall retain during the term of this Agreement, and for three years thereafter, all books and records related to the Franchised Business including, without limitation, purchase orders, invoices, payroll records, sales tax records, state and federal tax returns, bank statements, cancelled checks, deposit receipts, cash receipts and disbursement journals, general ledgers, and any other financial records designated by Franchisor or required by law.
12.2. Gross Sales Reports
Franchisee shall maintain an accurate record of Gross Sales and shall deliver to Franchisor electronically a signed and verified statement of Gross Sales ("Gross Sales Report") on a monthly basis on the date prescribed by Franchisor, and in a form that Franchisor approves or provides in the Manual.
12.3. Financial Statements
Franchisee shall supply to Franchisor on or before the fifteenth (15TH) day of each month, in a form approved by Franchisor, a balance sheet as of the end of the last day of the preceding month and an income statement for the preceding month and the fiscal year-to-date.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees must obtain prior approval from Aplus for all advertising and promotional materials, including billboards, television and radio ads, ad copy, coupons, flyers, scripts, sponsorships, and direct mail. Aplus will make reasonable efforts to provide notice of approval or disapproval within 30 days of receiving the materials. If Aplus fails to respond within this 30-day period, the materials are considered unapproved. Franchisees cannot use any marketing or promotional material without prior written approval from Aplus.
As an Aplus franchisee, you must operate the franchised business so that it is clearly identified and advertised as an Aplus store. Franchisees must use the trademark "APLUS" and other marks that form part of the Aplus system on all signs, suppliers, business cards, uniforms, advertising materials, technology platforms, and other articles in the identical combination and manner prescribed in writing by Aplus. Franchisees must also supply samples and photographs of these items upon Aplus's request and comply with all trademark, trade name, service mark, and copyright notice marking requirements.
Furthermore, Aplus franchisees are expressly prohibited from displaying or selling adult magazines or materials. Aplus reserves the right to restrict franchisees from displaying or selling other items, such as periodicals, videos, drug paraphernalia, and other merchandise that may be offensive to the general public or prohibited by local laws. The sale of synthetic marijuana, drug paraphernalia, and "bath salts" is also prohibited. Failure to comply with these restrictions can result in immediate termination of the franchise agreement.
Upon termination or expiration of the franchise agreement, franchisees must modify the Aplus store premises to distinguish its appearance from other Aplus stores, including changing the color scheme and other design features. If a franchisee fails to de-identify the premises, Aplus has the right to enter the premises and take necessary actions to de-identify it, including removing all signage, advertising materials, trade dress, displays, proprietary equipment, and products displaying Aplus's marks. Aplus may charge a reasonable fee for these services and reimbursement for all de-identification-related costs.