How does Ben Jerrys provide electronic access to the Manual of Ben & Jerry's?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
ant licenses thereto without providing any rights therein to OPERATOR; and
- 8.4.6 BEN & JERRY'S reserves the right to substitute different proprietary marks for use in identifying the System and the businesses operating under it.
9. OPERATING MANUAL
9.1 In order to protect the reputation and goodwill of BEN & JERRY'S and to maintain high standards of operation under the System, OPERATOR shall operate the Scoop Shop in accordance with the standards, methods, policies, guidelines and procedures specified in the Manual, some of which may be mandatory and others of which may be suggestions. BEN &
JERRY'S shall provide OPERATOR with access to the Manual, via electronic access (through the B&J Extranet), for the term of this Agreement upon completion by OPERATOR and OPERATOR's manager of Scoop U Training. The Manual may be set forth in several volumes, including such amendments thereto, as BEN & JERRY'S may electronically publish from time to time. Additionally, OPERATOR acknowledges and agrees that BEN & JERRY'S may provide a portion or all (including updates and amendments) of the Manual, and other instructional information and materials in, or via, electronic media, including through the use of computer disks, the Internet or the B&J Extranet.
- 9.2 OPERATOR shall treat the Manual, any other materials created for or approved for use in the operation of the Scoop Shop, and the information contained therein, as confidential, and shall maintain such information (in electronic format) as proprietary and confidential. OPERATOR shall not download, copy, duplicate, record, or otherwise reproduce the foregoing materials, in whole or in part, or otherwise make the same available to any unauthorized person.
- 9.3 The Manual shall remain the sole property of BEN & JERRY'S and shall be accessible only from a secure place on the Premises, and shall only be accessed electronically.
- 9.4 BEN & JERRY'S may from time to time revise the contents of the Manual, and OPERATOR expressly agrees to comply with each new or changed provision of the Manual.
- 9.5 OPERATOR shall ensure the version of the Manual referred to in the Scoop Shop is the most current version. In the event of any dispute as to the contents of the Manual, the terms of the master version, maintained by the home office of BEN & JERRY'S, shall be controlling.
10. CONFIDENTIAL INFORMATION
10.1 OPERATOR agrees to use and permit the use of confidential information (as defined below) solely in connection with the operation of the Scoop Shop. OPERATOR shall not, during the term of this Agreement or thereafter, nor shall OPERATOR permit any employee, agent or affiliate to, communicate, divulge, or use for the benefit of OPERATOR (except in connection with operating the Scoop Shop), or any employee, agent or affiliate of OPERATOR, or any other person or entity, any confidential information, knowledge, or know-how concerning BEN & JERRY'S and/or the marketing, management or operations of the Scoop Shop that may be communicated to OPERATOR or of which OPERATOR may be apprised by virtue of OPERATOR's operation under the terms of this Agreement. OPERATOR shall divulge such confidential information only to such of its employees as must have access to it in order to operate the Scoop Shop. For purposes of this Agreement, "confidential information" means: (i) any and all information, knowledge, or know-how relating to BEN & JERRY'S and the System which may be communicated to OPERATOR, whether communicated in writing, orally, electronically, by inspection, or by sample, exhibit, training, demonstration, or other means; and (ii) all Manual, information, and materials received by OPERATOR from BEN & JERRY'S; provided, however, it shall not include information which OPERATOR can demonstrate came to its attention prior to disclosure thereof by BEN & JERRY'S, or which, at or after the time of disclosure by BEN & JERRY'S to OPERATOR, had become or later becomes
part of the public domain through publication or communication by others. Confidential information may include information relating to the development and operation of the System, including new products that may be in the testing stage;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys provides electronic access to its Manual through the B&J Extranet. This access is granted for the term of the agreement once the operator and their manager complete Scoop U Training. The Manual may consist of multiple volumes and may be updated electronically by Ben Jerrys from time to time. Ben Jerrys may also provide instructional information and materials via electronic media, including computer disks, the Internet, or the B&J Extranet.
The franchisee, referred to as the OPERATOR, must treat the Manual and its contents as confidential and proprietary, preventing unauthorized access, downloading, copying, or reproduction. The Manual remains Ben Jerrys's property and must be accessed from a secure location on the premises. The OPERATOR is responsible for ensuring they are using the most current version of the Manual, with the master version maintained by Ben Jerrys's home office serving as the controlling reference in case of disputes.
To facilitate efficient management and data transmission, the OPERATOR is required to purchase and maintain computer and communication hardware, including a point-of-sale system, financial accounting software, internet connectivity, and other related equipment as specified by Ben Jerrys in the Manual or in writing. The OPERATOR's computer system must be capable of exchanging information with other computers via the Internet and the B&J Extranet, using protocols prescribed by Ben Jerrys. The OPERATOR must maintain access to the B&J Extranet as specified by Ben Jerrys and may be required to execute agreements or acknowledge policies related to its use.