Can a Ben Jerrys franchisee use local advertising or promotional plans that have not been approved in writing by Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
You (directly or through a Cooperative) may not use any marketing or promotional plans or materials until the materials have been submitted for our prior approval. If you do not receive written notice of disapproval from us within 10 business days of the date of receipt by us of the samples or materials, we will be deemed to have approved them for your use (see Item 8 above). (Franchise Agreement § 12.7).
We may require that during any year of the Franchise Agreement, you spend a specified percentage of your Shop's Gross Sales to conduct local advertising and promotion, which must be approved by us. If required to do so, you must submit bills, statements, invoices, or other documentation satisfactory to us to evidence your advertising or marketing activities. The required local advertising and promotion expenditure is summarized in Item 6 above. We may require you to participate in mandatory promotions that we may develop from time to time. (Franchise Agreement § 12.3).
Certain criteria will apply to any local advertising and promotion that you conduct. All of your local advertising and promotion must be dignified, must conform to our standards and requirements, and must be conducted in the media, type, and format that we have approved. As described above, you may not use any advertising or promotional plans that we have not approved in writing. All copyrights in and to advertising and promotional materials you develop (or that are developed for you) will become our sole property. You must sign the documents (and, if necessary, require your independent contractors to sign the documents) that we deem necessary to
implement this provision. (The requirements in this paragraph, as well as in the previous paragraph, will also apply to any Cooperatives.)
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 use any advertising or promotional plans that Ben Jerrys has not approved in writing. Franchisees must submit their marketing and promotional materials for prior approval. If a franchisee does not receive written disapproval within 10 business days from Ben Jerrys's receipt of the materials, the materials are considered approved.
Ben Jerrys has the right to mandate that franchisees spend a specific percentage of their Shop's Gross Sales on local advertising and promotion, which must be approved by Ben Jerrys. Franchisees must provide documentation, such as bills and invoices, to prove their advertising or marketing activities. Ben Jerrys may also require franchisees to participate in mandatory promotions developed by Ben Jerrys.
All local advertising and promotion conducted by the franchisee must be dignified and conform to Ben Jerrys's standards and requirements. It must also be conducted in the media, type, and format that Ben Jerrys has approved. Ben Jerrys retains ownership of all copyrights for advertising and promotional materials developed by the franchisee or for the franchisee. The franchisee must sign documents, and ensure their independent contractors sign documents, necessary to implement these provisions.