What restrictions are placed on the advertising and sales promotion material displayed at an Aplus franchise?
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.
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 the franchisor for all advertising and promotional materials. This includes billboards, television and radio ads, ad copy, coupons, flyers, scripts, sponsorships, and direct mail. Aplus will make reasonable efforts to notify the franchisee of approval or disapproval within 30 days of receiving the materials. Failure to receive approval within this period means the materials are deemed unapproved, and the franchisee cannot use them.
In addition to advertising pre-approval, Aplus franchisees must operate their franchised business so that it is clearly identified and advertised as an APLUS Store. Franchisees are required to use the APLUS trademark and other marks of the system on all signs, suppliers, business cards, uniforms, advertising materials, technology platforms, and other articles in the manner prescribed by Aplus. Franchisees must also supply samples and photographs of these items upon request and comply with all trademark, trade name, service mark, and copyright notice marking requirements.
Furthermore, Aplus strictly prohibits the display or sale of adult magazines and materials. Aplus also 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 expressly prohibited. Violation of these prohibitions can result in immediate termination of the franchise agreement.
These restrictions ensure that Aplus maintains brand consistency and protects its reputation. Franchisees must adhere to these guidelines to avoid penalties, including potential termination of their franchise agreement. Prospective franchisees should carefully review these requirements and understand the importance of compliance with Aplus's advertising and sales promotion policies.