What are the requirements for Advertising and Promotional Content that Auntie Annes franchisees develop or implement?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
A. Advertising Standards. Except as otherwise provided in the Manuals, you may use only Advertising and Promotional Content that we have furnished or approved in writing in advance. "Advertising and Promotional Content" includes all advertising, marketing, promotional, customer relationship management, public relations, and other brand-related programs, materials, and content relating to the Franchised Business, the Marks, or the Approved
Products, including (i) any branded materials (such as business cards, signs, counter cards, banners, posters, displays, window clings, and in-store messaging), (ii) press releases, (iii) printed materials (such as leaflets, direct mail materials, coupons, and published advertisements), (iv) promotional items (such as branded specialty and novelty items, products, and clothing), (v) audio or video advertising (such as radio, television, or podcast ads or online video postings), and (vi) Digital Marketing (as defined in Section 10.2 (Digital Marketing)). You must ensure that all Advertising and Promotional Content that you or your agents or representatives develop or implement related to the Franchised Business is (a) clear, factual, ethical, and not misleading, (b) complies with all Laws, and (c) conforms to our Standards and the advertising and marketing policies that we periodically specify. You may not market or advertise in violation of federal laws regulating advertising, such as the CAN-SPAM Act and the TCPA, and state advertising laws applicable to your Franchised Business.
B. Submission and Review of Proposed Content. Except as otherwise provided in the Manuals and for Advertising and Promotional Content that we furnish to you, you must submit to us for our written approval, before use, copies of all proposed Advertising and Promotional Content that you intend to use or implement. We have the right to approve or disapprove any Advertising and Promotional Content, as well as the media in which intend to use them, in our sole discretion. We reserve the right to require you to discontinue the use of any Advertising and Promotional Content for any reason.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Anne's 2024 Franchise Disclosure Document, franchisees must adhere to specific guidelines when developing or implementing advertising and promotional content. Unless specified otherwise in the manuals or if Auntie Anne's provides the content, franchisees can only use advertising and promotional materials that Auntie Anne's has approved in writing beforehand. This content encompasses all advertising, marketing, promotional, customer relationship management, public relations, and other brand-related programs and materials related to the franchised business, trademarks, or approved products. Examples include branded materials, press releases, printed materials, promotional items, audio or video advertising, and digital marketing.
The FDD specifies that all advertising and promotional content developed or implemented by franchisees or their representatives must be clear, factual, ethical, and not misleading. It must also comply with all applicable laws and conform to Auntie Anne's standards and advertising/marketing policies. Franchisees are prohibited from violating federal laws regulating advertising, such as the CAN-SPAM Act and the TCPA, as well as state advertising laws relevant to their Auntie Anne's franchise.
Before using any advertising and promotional content (unless it is provided by Auntie Anne's or specified in the manuals), franchisees must submit copies of the proposed materials to Auntie Anne's for written approval. Auntie Anne's retains the right to approve or disapprove any advertising and promotional content, including the media in which it will be used, at its sole discretion. Furthermore, Auntie Anne's reserves the right to require franchisees to discontinue the use of any advertising and promotional content for any reason. This level of control ensures brand consistency and compliance across all Auntie Anne's locations.