Who directs the marketing programs for Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
We will direct all marketing programs, with sole discretion over the concepts, materials, and media used in the programs and their placement. The Fund is intended to maximize general public recognition, acceptance, and use of the System; and we are not obligated, in administering the Fund, to make expenditures for you that are equivalent or proportionate to your contribution, or to ensure that any particular franchisee benefits directly or pro rata from expenditures by the Fund. We may use the Fund for national marketing programs and we are not obligated to spend any amount on advertising in the area where you are located. (Franchise Agreement § 12.2.1)
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- We will use the Fund, all contributions to it, and any earnings on it, exclusively for maintaining, administering, directing, conducting, and preparing marketing, advertising, public relations, and/or promotional programs and materials, and any other activities including socially responsible activities consistent with our Mission, which may include the costs of preparing and conducting media marketing campaigns (including Social Media) and developing, promoting and marketing the names of ice cream flavors to make political and other social statements; direct mail advertising; special events; marketing surveys and other public relations activities; employing advertising and/or public relations agencies to assist with them; purchasing promotional items; conducting and administering in-store promotions and customer sampling promotions; and providing promotional and other marketing materials and services to the Shops operating under the System. (Franchise Agreement § 12.2.2))
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 43–60)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the company directs all marketing programs. Ben Jerrys has sole discretion over the concepts, materials, and media used in these programs, as well as their placement. The marketing fund is intended to maximize public recognition and acceptance of the Ben & Jerry's system.
Ben Jerrys is not obligated to make marketing expenditures for individual franchisees that are equivalent or proportionate to their contributions to the fund. Nor is Ben Jerrys required to ensure that any specific franchisee benefits directly or proportionally from the fund's expenditures. The company may use the fund for national marketing programs and is not obligated to spend any amount on advertising in the area where a franchisee is located.
The marketing fund will be used exclusively for maintaining, administering, and directing marketing, advertising, public relations, and promotional programs. These activities may include media marketing campaigns, direct mail advertising, special events, marketing surveys, and employing advertising agencies. The fund can also be used for purchasing promotional items, conducting in-store promotions, and providing marketing materials to Ben Jerrys shops. The fund may also be used for socially responsible activities consistent with Ben Jerrys's mission, including developing and marketing ice cream flavors to make political and social statements.