What is the definition of 'Customer Lists' in the Ben Jerrys agreement?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
| OPERATOR acknowledges and agrees that any customer lists, customer files, | |
|---|---|
| databases, records, mailing lists, and any other customer information obtained in conjunction | |
| with the operation of the OPERATOR’s Shop, or obtained in connection with OPERATOR’S | |
| Off-Premises Activities, On-Demand Sales and Mobile Vending (collectively, the “Customer | |
| Lists” ”), shall be the exclusive property of BEN & JERRY’S and shall constitute proprietary | |
| information of BEN & JERRY’S. BEN & JERRY’S has the right to use such Customer Lists in | |
| any manner that BEN & JERRY’S deems appropriate without compensation to OPERATOR. | |
| Such Customer Lists must be accessible to Ben & Jerry’s pursuant to Section 7.11.2 of this | |
| Agreement. OPERATOR may not, without the prior written consent of BEN & JERRY’S, | |
| disclose Customer Lists, or any portion thereof, to any person other than BEN & JERRY’S, | |
| either during the term of this Agreement or thereafter. | |
| BEN & JERRY’s privacy policies and practices related to the Customer Lists as specified in the | |
| Manual or otherwise in writing. BEN & JERRY’S hereby licenses the use of such data back to | |
| OPERATOR, at no additional cost, solely for the term of this Agreement and solely for | |
| OPERATOR’S use in connection with the Scoop Shop. |
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, 'Customer Lists' encompass any customer lists, customer files, databases, records, mailing lists, and any other customer information obtained while operating the Shop. This also includes information obtained through Off-Premises Activities, On-Demand Sales, and Mobile Vending. Ben Jerrys considers these Customer Lists to be their exclusive property and proprietary information.
Ben Jerrys retains the right to use these Customer Lists in any manner they deem appropriate, without providing any compensation to the franchisee. The franchisee must ensure that Ben Jerrys has access to these Customer Lists as specified in Section 7.11.2 of the agreement.
Without prior written consent from Ben Jerrys, the franchisee is prohibited from disclosing the Customer Lists, or any part of them, to any third party during the term of the agreement or after its termination. However, Ben Jerrys licenses the use of this data back to the franchisee at no additional cost. This license is solely for the term of the agreement and only for the franchisee's use in connection with their Scoop Shop.