Can a Ben Jerrys franchisee establish their own independent website that uses the Ben Jerrys Proprietary Marks?
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; and (iv) time card detail information, if optional time card protocols are followed.
While you are responsible for payment of the POS SaaS license fee (which is currently $100 per month per location),we may act as your payment agent and prepay the POS vendor to
ensure the POS license remains active for the term of your Franchise Agreement. If we act as payment agent, you will be billed for the POS license fee on your monthly statement.
The POS System will upload daily sales information to a cloud-based server, viewable via an online portal (the "Dashboard"). The Dashboard provides you with near real time transaction data with web-based reporting capabilities to meet our current requirements.
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, franchisees are not allowed to establish their own websites that use Ben Jerrys's proprietary marks. Ben Jerrys retains the right to establish a website to promote its trademarks, products, shops, and the Ben Jerrys system. The company maintains control over all aspects of the website, including design, content, functionality, and links.
Ben Jerrys does, however, provide standardized webpages to shops that are open year-round and participate in all of its marketing programs. These standardized webpages use the look and feel of the Ben Jerrys website, but franchisees can customize certain content areas while adhering to Ben Jerrys's standards and guidelines. Franchisees are responsible for maintaining specific information about their shop and its operations on these webpages.
Ben Jerrys has final approval over all content on these webpages and reserves the right to remove any content. Franchisees must also comply with Ben Jerrys's standards and procedures for using social media, blogs, and other online platforms that reference the company's proprietary marks or involve the Ben Jerrys system or their scoop shop. Any webpage is considered advertising and is subject to Ben Jerrys's review and prior written approval before it can be used.