What constitutes misuse of the Proprietary Marks or identifying characteristics of the Ben Jerrys system that could lead to termination of the franchise agreement?

According to Ben Jerrys's 2025 Franchise Disclosure Document, a franchisee's misuse or unauthorized use of the Proprietary Marks or any other identifying characteristics of the Ben Jerrys system can lead to the termination of their franchise agreement. This also includes operating the Scoop Shop in a manner, or engaging in any conduct, that Ben Jerrys determines to be harmful or damaging to the reputation or goodwill associated with the Ben Jerrys system, Proprietary Marks, Ben & Jerry's Products, or the rights of Ben Jerrys.

In practical terms, this means a Ben Jerrys franchisee must be extremely careful in how they use the brand's trademarks, logos, and other identifying features. Any deviation from the standards set by Ben Jerrys, or any actions that could negatively impact the brand's image, could be grounds for termination. This extends to interactions with customers, suppliers, landlords, other franchisees, and third parties.

Ben Jerrys retains the right to determine what conduct is considered injurious or prejudicial to the brand. This gives Ben Jerrys significant control over how its brand is represented and protected, and franchisees must adhere to these standards to avoid risking termination of their agreement. Franchisees should seek clarification from Ben Jerrys if they are unsure about appropriate usage of the Proprietary Marks or other identifying characteristics of the Ben Jerrys system.