Does 'Advertising and Promotional Content' for Better Blend include Digital Marketing?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
usted Gross Sales). Service gratuities directed by customers to employees are not counted towards Adjusted Gross Sales.
- "Advertising and Promotional Content" means all advertising, marketing, promotional, customer relationship management, public relations, and other brand-related programs, materials, and content relating to Better Blend or the Business, including without limitation any printed materials (such as business cards, signs, counter cards, banners, posters, displays, window clings, leaflets, direct mail materials, coupons, and published advertisements); promotional items (such as branded specialty and novelty items, products, and clothing); audio or video advertising (such as radio, television, or podcast ads or online video postings); and Digital Marketing.
- "Approved Vendor" means a supplier, vendor, or distributor of Inputs which has been approved by BBF.
- "Business" means the Better Blend business owned by Franchisee and operated under this Agreement.
- "Competitor" means any food service business which offers smoothies or blended drinks.
- "Confidential Information" means all non-public information of or about the System, BBF, and any Better Blend business, including the Manual, all methods for developing and operating the Business, and all non-public plans, data, financial information, recipes, processes, vendor pricing, supply systems, marketing systems, formulas, techniques, designs, layouts, operating procedures, customer data, information and know-how.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, 'Advertising and Promotional Content' does include Digital Marketing. The franchise agreement defines 'Advertising and Promotional Content' as encompassing a wide array of marketing and promotional efforts related to the Better Blend brand and business. This includes printed materials, promotional items, audio and video advertising, and explicitly mentions Digital Marketing.
Furthermore, the document defines 'Digital Marketing' to include social media accounts (such as Facebook, Twitter, Instagram, Pinterest, Snapchat, TikTok, etc.), applications, keyword or adword purchasing programs, accounts with websites featuring gift certificates or discounted coupons (such as Groupon, Living Social, etc.), mobile applications, online videos, display banner campaigns, branded content social media campaigns, e-mail marketing campaigns, or other means of digital advertising on the Internet or any other means of digital or electronic communications that are intended to promote Better Blend and/or the Business.
Better Blend also retains control over Digital Marketing efforts. The franchisor may establish and operate all Digital Marketing and has the sole right to control all aspects of Digital Marketing. Franchisees are required to implement any advertising or marketing materials, plans, or campaigns, including Digital Marketing, as required by Better Blend. This indicates that while franchisees may participate in marketing, Better Blend maintains oversight and control over the brand's digital presence and strategy.