What is the name of the marketing fund established by Ben Jerrys for the system?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.2 BEN & JERRY'S has established a marketing fund for the system (the "Fund").
During the existence of the Fund, OPERATOR shall contribute to the Fund in the manner specified in Section 4.5, such amounts as BEN & JERRY'S may specify in accordance with Section 12.1 above.
The Fund shall be maintained and administered by BEN & JERRY'S as follows:
- 12.2.1 BEN & JERRY'S shall have the right to direct all marketing programs, and to determine the concepts, materials, and media used in such programs and the placement and allocation thereof.
BEN & JERRY'S is not obligated, in administering the Fund, to make expenditures for OPERATOR which are equivalent or proportionate to OPERATOR's contribution, or to ensure that any particular OPERATOR benefits directly or pro rata from expenditures by the Fund.
Contributions to the Fund are not held by BEN & JERRY'S in trust and BEN & JERRY'S does not have any fiduciary obligation to OPERATOR with respect to contributions to the Fund.
Contributions to the Fund are not refundable to OPERATOR and, once received by BEN & JERRY'S, will be used in accordance with this Section 12.2;
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 established for the system is referred to as the "Fund". Ben Jerrys franchisees are required to contribute to this fund as part of their advertising obligations. Ben Jerrys has the authority to direct all marketing programs and determine the materials and media used. Ben Jerrys is not obligated to ensure that expenditures from the Fund are equivalent or proportionate to a franchisee's contribution, nor are they required to ensure that any particular franchisee benefits directly or pro rata from the Fund's expenditures.
The Fund is maintained and administered by Ben Jerrys, and contributions to the Fund are not held in trust. Ben Jerrys does not have any fiduciary obligation to franchisees regarding contributions to the Fund. Contributions to the Fund are not refundable to the franchisee. These contributions are used to cover the costs of marketing, advertising, public relations, and promotional programs, including socially responsible activities.
Franchisees must make separate payments payable to Ben Jerrys for the Fund. Ben Jerrys maintains separate bookkeeping accounts for the Fund and will provide franchisees with an annual accounting of Fund receipts and disbursements upon reasonable written request. Ben Jerrys retains the right to discontinue the Fund at its sole discretion with written notice to the franchisee. This fund is separate from local advertising and promotion that the franchisee is also obligated to perform.