What rights does Ben Jerrys have regarding the content and operation of any Webpage it designates for a Ben Jerrys operator?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.8.3 BEN & JERRY'S shall have 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. OPERATOR shall comply with BEN & JERRY'S policies with respect to the creation, maintenance and content of any such Webpages; and BEN & JERRY'S shall have the right to refuse to post and/or discontinue posting any content and/or the operation of any Webpage; and
- 12.8.4 BEN & JERRY'S shall have the right to modify its policies and requirements regarding Websites and Webpages as BEN & JERRY'S may determine is necessary or appropriate.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's has specific rights regarding webpages it designates for operators. Ben Jerrys has the right, but not the obligation, to designate one or more Webpage(s) to describe an operator and/or their Scoop Shop, with these Webpage(s) located within the Ben Jerrys Website.
Ben Jerrys maintains control over the content and operation of these designated webpages. Operators must comply with Ben Jerrys's policies regarding the creation, maintenance, and content of these webpages. Ben Jerrys reserves the right to refuse to post or discontinue posting any content, as well as discontinue the operation of any Webpage.
Furthermore, Ben Jerrys has the right to modify its policies and requirements regarding Websites and Webpages as it deems necessary or appropriate. This allows Ben Jerrys to adapt its online presence and strategies as needed, ensuring brand consistency and compliance across all franchisee webpages.
In practical terms, a Ben Jerrys franchisee must adhere to the franchisor's web policies and understand that Ben Jerrys ultimately controls the content and operation of any webpage designated for the franchisee's Scoop Shop. This includes the right to remove content or shut down the webpage entirely, and to change the policies governing these webpages.