Can the Ben Jerrys Fund be used for purchasing promotional items?
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 marketing fund, referred to as "the Fund", can be used for purchasing promotional items. Ben & Jerry's has the right to direct all marketing programs and determine the concepts, materials, and media used.
The FDD specifies that the Fund is used to cover the costs of marketing, advertising, public relations, and promotional programs and materials. This includes purchasing promotional items, conducting in-store promotions, and providing promotional materials to Ben & Jerry's shops.
The franchisee, or OPERATOR, contributes a percentage of gross sales to the Fund. Ben & Jerry's maintains and administers the Fund, and provides an annual accounting of receipts and disbursements upon the franchisee's request. It's important to note that contributions to the Fund are not held in trust, and Ben & Jerry's does not have a fiduciary obligation to the franchisee regarding these contributions. Ben & Jerry's also reserves the right to discontinue the Fund with written notice.