Does Ben Jerrys have the obligation to establish and maintain a Website?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
rovisions of Section 12.5 above. As used in this Agreement, the term "Website" means an interactive electronic document, series of symbols, or otherwise, that is contained in a network of computers linked by communications software. The term Website includes the Internet and World Wide Web home pages. As used in this Agreement, the term "Webpage" means a standardized page for a Scoop Shop, in a form that BEN & JERRY'S provides to OPERATOR, the content of which may appear on the BEN & JERRY'S Website, subject to BEN & JERRY'S approval. In connection with any Website or Webpage, OPERATOR agrees to the following:
- 12.8.1 BEN & JERRY'S shall have the right, but not the obligation, to establish and maintain a Website, which may, without limitation, promote the Proprietary Marks, any or all of the Products, Shops, the franchising of Shops, and/or the System. BEN & JERRY'S shall have the sole right to control all aspects of the Website, including, without limitation, its design, content, functionality, links to the Websites of third parties, legal notices, contents of Webpages, and policies and terms of usage.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys has the right, but not the obligation, to establish and maintain a website. This website may promote the Proprietary Marks, any or all of the Products, Shops, the franchising of Shops, and/or the System. Ben Jerrys retains sole control over all aspects of the website, including design, content, functionality, links, legal notices, webpages, and terms of usage. Ben Jerrys also has the right to discontinue the operation of the Ben Jerrys Website.
This means that as a franchisee, you cannot depend on Ben Jerrys to create or maintain a website to promote your specific location. However, Ben Jerrys may choose to promote the Proprietary Marks, Products, Shops, franchising, and/or the System through a website that they control.
Ben Jerrys also has the right, but not the obligation, to designate one or more Webpage(s) to describe OPERATOR and/or the Scoop Shop, with such Webpage(s) to be located within BEN & JERRY'S Website. The franchisee must comply with Ben Jerrys' policies regarding the creation, maintenance, and content of any such Webpages; and Ben Jerrys has the right to refuse to post and/or discontinue posting any content and/or the operation of any Webpage.