What rights does Ben Jerrys have regarding the content and operation of its Website?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
BEN & JERRY'S shall also have the right to discontinue operation of the BEN & JERRY'S Website;
- 12.8.2 OPERATOR shall not establish a separate Website or register any domain name that displays or uses the Proprietary Marks or any marks confusingly similar thereto, or that refers to this Agreement, the Products, BEN & JERRY'S or the System.
If OPERATOR registers any domain name in violation of this subsection, in addition to all other rights and remedies of BEN & JERRY'S under this Agreement, BEN & JERRY'S shall have the right, but not the obligation, to require OPERATOR to transfer any such registration(s) to BEN & JERRY'S or its designee, at OPERATOR's expense;
- 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 & Jerry's 2025 Franchise Disclosure Document, Ben & Jerry's retains significant control over its website and any webpages related to franchisees. Ben & Jerry's has the right, but not the obligation, to establish and maintain a website to promote its trademarks, products, shops, franchising, and the overall system. Ben & Jerry's has the sole right to control all aspects of the website, including its design, content, functionality, links, legal notices, webpage content, and usage policies. Ben & Jerry's also reserves the right to discontinue the operation of its website entirely.
Ben & Jerry's also has the right, but not the obligation, to designate webpages within its website to describe individual franchisees and their scoop shops. However, franchisees must comply with Ben & Jerry's policies regarding the creation, maintenance, and content of these webpages. Ben & Jerry's can refuse to post content or discontinue the operation of any webpage at its discretion. Furthermore, Ben & Jerry's can modify its policies and requirements for websites and webpages as it deems necessary or appropriate.
These stipulations mean that as a Ben & Jerry's franchisee, you cannot create your own independent website using Ben & Jerry's trademarks or anything confusingly similar. Ben & Jerry's maintains complete control over the brand's online presence, and franchisees must adhere to their policies if they are featured on the Ben & Jerry's website. This ensures brand consistency and allows Ben & Jerry's to manage its online image effectively. Any marketing materials a franchisee develops must be approved by Ben & Jerry's, and Ben & Jerry's retains ownership of any advertising materials bearing its trademarks, even if developed by the franchisee.