How does Ben Jerrys define a 'Webpage' in the context of the franchise agreement?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
As used in this Agreement, the term "Webpage" means a standardized page for a Scoop Shop, in a form that BEN & JERRY'S provides to OPERATOR, the content of which may appear on the BEN & JERRY'S Website, subject to BEN & JERRY'S approval.
In connection with any Website or Webpage, OPERATOR agrees to the following:
- 12.8.1 BEN & JERRY'S shall have the right, but not the obligation, to establish and maintain a Website, which may, without limitation, promote the Proprietary Marks, any or all of the Products, Shops, the franchising of Shops, and/or the System.
BEN & JERRY'S shall have the sole right to control all aspects of the Website, including, without limitation, its design, content, functionality, links to the Websites of third parties, legal notices, contents of Webpages, and policies and terms of usage.
BEN & JERRY'S shall also have the right to discontinue operation of the BEN & JERRY'S Website;
- 12.8.2 OPERATOR shall not establish a separate Website or register any domain name that displays or uses the Proprietary Marks or any marks confusingly similar thereto, or that refers to this Agreement, the Products, BEN & JERRY'S or the System.
If OPERATOR registers any domain name in violation of this subsection, in addition to all other rights and remedies of BEN & JERRY'S under this Agreement, BEN & JERRY'S shall have the right, but not the obligation, to require OPERATOR to transfer any such registration(s) to BEN & JERRY'S or its designee, at OPERATOR's expense;
- 12.8.3 BEN & JERRY'S shall have the right, but not the obligation, to designate one or more Webpage(s) to describe OPERATOR and/or the Scoop Shop, with such Webpage(s) to be located within BEN & JERRY'S Website. OPERATOR shall comply with BEN & JERRY'S policies with respect to the creation, maintenance and content of any such Webpages; and BEN & JERRY'S shall have the right to refuse to post and/or discontinue posting any content and/or the operation of any Webpage; and
- 12.8.4 BEN & JERRY'S shall have the right to modify its policies and requirements regarding Websites and Webpages as BEN & JERRY'S may determine is necessary or appropriate.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a 'Webpage' is defined as a standardized page for a Scoop Shop, provided by Ben & Jerrys to the franchisee. The content of this Webpage may appear on the Ben & Jerrys Website, but is subject to Ben & Jerrys's approval.
This means that while franchisees may have a presence on the Ben & Jerrys website, the content and appearance of their specific page are controlled by Ben & Jerrys. The franchisee must adhere to Ben & Jerrys's standards and policies regarding the Webpage's creation, maintenance, and content. Ben & Jerrys retains the right to refuse to post or discontinue any content or the operation of any Webpage.
Ben & Jerrys also has the right to modify its policies and requirements regarding Websites and Webpages as it deems necessary or appropriate. Furthermore, franchisees are prohibited from establishing a separate Website or registering any domain name that uses Ben & Jerrys's trademarks or refers to the franchise agreement, products, or the Ben & Jerrys system. This ensures that Ben & Jerrys maintains control over its brand's online presence and prevents franchisees from creating potentially conflicting or unauthorized online content.
For a prospective franchisee, this highlights the importance of understanding and adhering to Ben & Jerrys's digital marketing policies. Franchisees should be aware that their online presence, even on the Ben & Jerrys website, is subject to the franchisor's oversight and control. This also means that franchisees need to rely on Ben & Jerrys for their online marketing and cannot independently create their own websites or domain names using the Ben & Jerrys brand.