What are the consequences if a Ben Jerrys operator discloses confidential information?

According to Ben Jerrys's 2025 Franchise Disclosure Document, if an operator discloses confidential information, it can lead to specific consequences. Ben & Jerry's defines confidential information broadly, including any data related to the Ben & Jerry's system, manuals, new products, proprietary information about Ben & Jerry's products, advertising and marketing plans, and information about the operation of scoop shops. This information is considered confidential whether communicated in writing, orally, or electronically.

Specifically, if an operator discloses or divulges the contents of the manual or other confidential information provided by Ben & Jerry's, it constitutes a breach of contract. This is explicitly stated as grounds for default under the franchise agreement.

Maintaining the confidentiality of this information is crucial for protecting Ben & Jerry's competitive advantage and the integrity of its brand. Franchisees should ensure they and their employees understand what constitutes confidential information and the importance of keeping it secure. Ben & Jerry's may also require managers and personnel with access to confidential information to sign agreements to maintain confidentiality, further emphasizing the importance of this obligation.