For Ben Jerrys franchisees, what is the consequence of failing to comply with the franchisor's standards and guidelines for customizing their Webpages?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Any Webpage (as defined below) is deemed "advertising" under the Franchise Agreement, and is subject to (among other things) our review (as described above) and prior written approval before it may be used. The term "Website" means an interactive electronic document, contained in a network of computers linked by communications software, and includes, but is not limited to, Internet and World Wide Web home pages. The term "Webpage" means a standardized page for a Scoop Shop, in a form that we will provide to you.
We currently provide standardized Webpages to Shops that are open year-round and participate in all of our marketing programs. The standardized Webpages use the look and feel of our Website and provide the means for each franchisee to customize certain content areas of its Webpages, as long as the franchisee complies with our standards and guidelines. It is the responsibility of each franchisee to maintain specific information about its Scoop Shop and its operations. We have final approval of all content on all Webpages and will have the right 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.
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, any Webpage is considered advertising and requires prior written approval from Ben Jerrys before use. Ben Jerrys provides standardized Webpages to shops that are open year-round and participate in all of their marketing programs. Franchisees can customize certain content areas of their Webpages, but they must comply with Ben Jerrys's standards and guidelines.
It is the franchisee's responsibility to maintain specific information about their Scoop Shop and its operations on the Webpage. Ben Jerrys retains final approval of all content and has the right to remove any content they deem unsuitable. The franchisee's Webpage will be accessible to the public at a specific internet address, but Ben Jerrys controls the URL specifications and can change the URL at any time.
The document does not explicitly state the consequences of failing to comply with Ben Jerrys's standards and guidelines for customizing Webpages. However, given that Ben Jerrys has final approval of all content and can remove any content, non-compliance could lead to the removal of the franchisee's customized content. It could also potentially lead to further action from Ben Jerrys, as compliance with their standards and procedures is a requirement of the franchise agreement.