Can the Ben Jerrys Fund be used for direct mail advertising?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.2.2 The Fund, all contributions thereto, and any earnings thereon, shall be used to meet any and all costs of 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 BEN & JERRY's social mission, including, among other things, 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; marketing surveys and other public relations activities; employing advertising and/or public relations agencies to assist therein; sponsorship of organizations and events, including athletic teams, fund raising activities, tournaments and other similar activities; purchasing promotional
items; conducting and administering in-store promotions; and providing promotional and other marketing materials and services to the Shops operating under the System;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Ben Jerrys Fund can be used for direct mail advertising. The Fund is used to cover the costs of various marketing, advertising, and promotional activities. These activities include media marketing campaigns, developing and promoting ice cream flavors to make social statements, marketing surveys, public relations, and sponsorships.
Ben & Jerrys directs all marketing programs and determines the concepts, materials, and media used. However, Ben & Jerrys is not obligated to ensure that any particular operator benefits directly or pro rata from expenditures by the Fund. Contributions to the Fund are not held in trust and are not refundable to the operator.
Franchisees contribute to the Fund as specified in the franchise agreement. Ben & Jerrys will provide an annual accounting of Fund receipts and disbursements upon the operator's written request. Ben & Jerrys also reserves the right to discontinue the Fund with written notice to the operator.