What responsibilities does the Ben Jerrys OPERATOR have concerning their Computer System?

after receipt of notice of such revocation (or, for failure to meet health or safety standards, immediately upon receipt of notice), OPERATOR shall cease to sell or use any disapproved item and Products, and cease to purchase from any disapproved supplier.

7.10.3 Subject to the terms of Section 3.8 above, BEN & JERRY'S and/or its designated distributor shall seek to provide the Products within twenty-one (21) days after receipt of OPERATOR's written order. Unless otherwise agreed upon by BEN & JERRY'S or its designated distributor, OPERATOR shall pay for all Products cash on delivery.

7.11 To ensure the efficient management and operation of the Scoop Shop and the transmission of data to and from BEN & JERRY'S, OPERATOR, at its expense, shall (i) purchase, and thereafter maintain, such computer and communication hardware and point-of-sale system hardware, financial accounting software, firmware, accessories, Internet connectivity, required dedicated telephone, broadband and/or other communication access services and power lines, modems(s), printer(s), and other computer-related accessories or peripheral equipment as BEN & JERRY'S specifies in the Manual or otherwise in writing and (ii) acquire computer and communication software as BEN & JERRY'S specifies in the Manual or otherwise in writing from BEN & JERRY'S or, if any, approved vendors (collectively, the "Computer System"). OPERATOR acknowledges that BEN & JERRY'S shall have no liability to OPERATOR in connection with any Computer System problems, including any issues caused by any approved supplier of any Computer System. Additionally, BEN & JERRY'S has established and may establish other Websites, including a Website providing private and secure communications between BEN & JERRY'S, OPERATOR, operators, franchisees, licensees and other persons and entities as determined by BEN & JERRY'S, at its sole option and in accordance with such rules and procedures as are determined by BEN & JERRY'S from time to time ("B&J Extranet"). OPERATOR agrees to the following:

• 7.11.1 OPERATOR's Computer System shall have the capacity to electronically exchange information, messages, and other data with other computers, by such means (including the Internet and the B&J Extranet), and using such protocols (e.g., TCP/IP), as BEN & JERRY'S may prescribe in the Manual or otherwise in writing. OPERATOR shall maintain at all times, access to the B&J Extranet in the manner specified by BEN & JERRY'S in the Manual or otherwise in writing. If required by BEN & JERRY'S, OPERATOR shall from time to time execute such agreements or acknowledge such policies as BEN & JERRY'S may prepare to set forth the terms of use for the B&J Extranet, and OPERATOR agrees at all times to comply;
• 7.11.2 BEN & JERRY'S shall have the right from time to time, and at any time, to retrieve data and information relating to the operations of the Scoop Shop from OPERATOR's Computer System, by modem or other requested means, and use it for any reasonable business purpose both during and after the term of this Agreement. BEN & JERRY'S may, from time to time, specify in the Manual or otherwise in writing the information that OPERATOR shall collect and maintain on the Computer System installed at the Scoop Shop, and OPERATOR shall provide to BEN & JERRY'S such reports as BEN & JERRY'S may reasonably request from the data so collected and maintained, which shall be in the form and format prescribed or approved by BEN & JERRY'S;
• 7.11.3 OPERATOR shall keep its Computer System in good maintenance and repair and, at its expense, shall promptly install such additions, changes, modifications, substitutions, and/or replacements to the Computer System, telephone and power lines, and other computer-related facilities, as BEN & JERRY'S directs (including those pertaining to the processing of credit/debit cards as described in Section 7.11.7 and 7.11.8, below). OPERATOR shall have the sole and complete responsibility for: (a) acquiring, operating, maintaining and upgrading its Computer System; (b) the manner in which OPERATOR's Computer System interfaces with BEN & JERRY'S computer systems, and the computer systems of third parties; and (c) any and all consequences that may arise if OPERATOR's Computer System is not properly operated, maintained or upgraded;
• 7.11.4 BEN & JERRY'S may from time to time develop or authorize others to develop software programs for use in the System, which OPERATOR may be required to purchase and/or license, and use without individual modification or customization, in connection with the Scoop Shop and for which OPERATOR may be required to execute a license, sublicense, or maintenance agreement with BEN & JERRY'S or an approved vendor; and
• 7.11.5 OPERATOR shall abide by all applicable laws pertaining to the privacy of consumer, employee, and transactional information ("Privacy Laws"). OPERATOR shall comply with BEN & JERRY'S standards and policies pertaining to privacy information. If there is a conflict between BEN & JERRY'S such standards and policies and the Privacy Laws, OPERATOR shall: (a) comply with the requirements of the Privacy Laws; (b) immediately give BEN & JERRY'S written notice of said conflict; and (c) promptly and fully cooperate with BEN & JERRY'S and its counsel in determining the most effective way, if any, to meet BEN & JERRY'S standards and policies pertaining to privacy information. OPERATOR agrees not to publish, disseminate, implement, revise or rescind a data privacy policy without BEN & JERRY'S prior written consent.

Source: Item 22 — CONTRACTS (FDD pages 133–134)