Does Bens Soft Pretzels have the right to impose reporting requirements on some franchisees but not others?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
M. Participation in Internet Websites or Other Online Communications. We may require you, at your expense, to participate in our BEN'S SOFT PRETZELS website on the Internet, our intranet system or extranet system or other online communications as we may require. We
have the right to determine the content and use of our website and intranet or extranet system and will establish the rules under which franchisees may or must participate. You may not separately register any domain name containing any of the Trademarks, participate in any website (including any social media platform) that markets goods and services similar to a BEN'S SOFT PRETZELS store, or operate a website or social media site for your Store that does not link to our website and/or that we do not approve. We will provide you with template websites to be used only in accordance with our standards and will list your Store on our primary website. We retain all rights relating to our website and intranet system and may alter or terminate our website, extranet system or intranet system. Your general conduct on our website and intranet and extranet systems or other online communications and specifically your use of the Trademarks or any advertising is subject to the provisions of this Agreement. In particular, you shall not either directly or indirectly create, develop, maintain, and/or use your own website, blog, vlog, social network, or other on-line venue or communication on the Internet using any of the Trademarks, or otherwise use any of the Trademarks on the Internet in any other manner including for search engine advertising purposes without our prior written consent. You acknowledge that certain information related to your participation in our website or intranet system may be considered Confidential Information, including access codes and identification codes. Your right to participate in our website and intranet or extranet system, or otherwise use the Trademarks or System on the Internet or other online communications, will terminate when this Agreement expires or terminates.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, Bens Soft Pretzels has the right to require franchisees to participate in their internet website, intranet system, extranet system, or other online communications. Bens Soft Pretzels also has the right to determine the content and use of their website and will establish the rules for franchisee participation.
Specifically, franchisees cannot register domain names containing Bens Soft Pretzels trademarks, participate in websites marketing similar goods and services, or operate a website for their store that doesn't link to the franchisor's website or isn't approved by them. Bens Soft Pretzels will provide template websites for franchisees to use according to their standards and will list the franchisee's store on their primary website.
Bens Soft Pretzels retains all rights relating to their website and intranet system and can alter or terminate these systems. Franchisee conduct on these platforms, including the use of trademarks and advertising, is subject to the franchise agreement. Franchisees cannot create their own online presence using the trademarks without prior written consent. Information related to website participation may be considered confidential, and the right to participate terminates with the agreement.