As a Ben Jerrys franchisee, what must I comply with regarding webpages, in addition to other applicable requirements?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
to remove any content. Your Webpage will be accessible to the public at a specific internet address. We control URL specifications and maintain the right to change the URL at any time in the future. We will provide administration tool support services for the Webpages.
In connection with any Website or Webpage, you agree to the following:
- (1) We have the right, but not the obligation, to establish a Website to promote the Proprietary Marks, any or all of the Products, Ben & Jerry's Shops, and/or the System. We have the right to control all aspects of the Website, including its design, content, functionality, links to the Websites of third parties, and policies and terms of usage.
- (2) You may not establish a Website that uses or involves the Proprietary Marks, or any of the Products, Ben & Jerry's Shops or the System.
- (3) We have the right, but not the obligation, to designate one or more Webpage(s) of any Website that we maintain to describe any of our franchisees and/or Ben & Jerry's Shops. We will have the rights to limit and/or discontinue any or all Webpages.
- (4) In addition to any other applicable requirements, you must comply with our policies for Webpages (which we may issue periodically in the Manual or otherwise in writing). (Franchise Agreement § 12.8.3)
Social Media
You must comply with our standards and procedures (which we may issue periodically in the Manual or otherwise in writing) as to your use of: blogs, social networks (like "Facebook and "Instagram"), professional networks (such as "Linked-In"), live blogging tools (such as "Twitter"), virtual worlds, file, audio and video sharing sites and other similar social networking media or tools that in any way reference the Proprietary Marks or involve the System or your Scoop Shop. (Franchise Agreement, § 7.11.6)
Electronic Point-of-Sale and Computer Systems
We will require that you purchase an approved POS System and related software, including any SaaS license required in connection with the POS System. The proprietary point of sale software has been customized for our System with information specific to our menu and reporting requirements. The POS System provides you with detailed information necessary to manage retail transactions and manage sales data including but not limited to: (i) sales reports on a daily, weekly and monthly basis; (ii) the number of products sold per category and per department on a daily, weekly, monthly basis; (iii) the number of transactions completed on a daily, weekly, and monthly basis;
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, as a franchisee, you must comply with Ben & Jerry's policies for webpages, which they may issue periodically in the Manual or otherwise in writing, in addition to any other applicable requirements. Ben & Jerry's retains the right, but not the obligation, to establish a website to promote the Proprietary Marks, Products, Ben & Jerry's Shops, and/or the System, controlling all aspects of the website, including design, content, functionality, links, and usage policies.
The FDD states that franchisees are not allowed to establish a website that uses or involves the Proprietary Marks, Products, Ben & Jerry's Shops, or the System. Ben & Jerry's has the right to designate webpages to describe franchisees or Ben & Jerry's Shops, with the right to limit or discontinue any or all webpages.
Any webpage is considered "advertising" and is subject to Ben & Jerry's review and prior written approval before use. Ben & Jerry's provides standardized webpages to shops open year-round and participating in all marketing programs, using the look and feel of their website. Franchisees can customize certain content areas of their webpages, provided they comply with Ben & Jerry's standards and guidelines. Franchisees are responsible for maintaining specific information about their Scoop Shop and its operations, but Ben & Jerry's has final approval of all content and the right to remove any content. The franchisee's webpage will be accessible to the public at a specific internet address, with Ben & Jerry's controlling URL specifications and maintaining the right to change the URL at any time. Ben & Jerry's will provide administration tool support services for the webpages.