factual

How does Ben Jerrys define a 'Website' in the context of the franchise agreement?

Ben_Jerrys Franchise · 2025 FDD

Answer from 2025 FDD Document

As used in this Agreement, the term "Website" means an interactive electronic document, series of symbols, or otherwise, that is contained in a network of computers linked by communications software.

The term Website includes the Internet and World Wide Web home pages.

Source: Item 22 — CONTRACTS (FDD pages 133–134)

What This Means (2025 FDD)

According to Ben Jerrys's 2025 Franchise Disclosure Document, the franchise agreement defines a 'Website' as an interactive electronic document, series of symbols, or otherwise, that is contained in a network of computers linked by communications software. This definition includes the Internet and World Wide Web home pages.

This definition is important for prospective franchisees because it clarifies what Ben Jerrys considers to be advertising and how it is governed within the franchise agreement. Ben Jerrys maintains control over the brand's online presence, including the design, content, and functionality of the official Ben Jerrys website.

Furthermore, franchisees are restricted from creating their own separate websites or registering domain names that use Ben Jerrys's proprietary marks or anything confusingly similar. Ben Jerrys retains the right to have franchisees transfer any such domain name registrations to them at the franchisee's expense. However, Ben Jerrys may designate webpages within its own website to describe the franchisee's specific Scoop Shop.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.