Is Better Blend obligated to establish and operate all digital marketing?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
separate agreement. Franchisee must pay all costs due for registration, maintenance, and renewal of any such names, addresses, websites, or identifiers that BBF approves and maintains on Franchisee's behalf. BBF may withdraw its approval for any Digital Marketing at any time.
- 9.3 Implementation. Franchisee shall implement any advertising or marketing materials, plans or campaigns (including Digital Marketing) required by BBF.
- 9.4 Use by BBF. BBF may use any Advertising and Promotional Content developed by or on behalf of Franchisee, and Franchisee hereby grants an unlimited, perpetual, royalty-free license to BBF for such purpose.
- 9.5 Marketing Fund. BBF has established or may establish a Marketing Fund to promote the System on a local, regional, national, and/or international level. If BBF has established a Marketing Fund:
- (a) Account. BBF is not required to hold the Marketing Fund Contributions in a bank account separate from BBF's other accounts.
- (b) Use. BBF shall use the Marketing Fund only for marketing, advertising, and public relations materials, programs and campaigns (including at local, regional, national, and/or international level) for Better Blend, and related overhead. The foregoing includes such activities and expenses as BBF reasonably determines, and may include, without limitation: development and placement of advertising and promotions; sponsorships; contests and sweepstakes;
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, franchisees are required to implement any digital marketing plans or campaigns that Better Blend mandates. Better Blend retains the right to utilize any advertising and promotional content, including digital marketing, that the franchisee develops or has developed on their behalf. To that end, the franchisee grants Better Blend an unlimited, perpetual, royalty-free license for such use.
Better Blend has the option to establish a Marketing Fund to promote the Better Blend system at various levels (local, regional, national, and international). If a Marketing Fund is established, Better Blend will use it for marketing, advertising, and public relations, including the development and maintenance of brand websites, social media, internet activities, and e-commerce programs.
Furthermore, to protect Better Blend's brand and control, the franchisee acknowledges that Better Blend has the right to control all telephone numbers, directory listings, and internet marketing accounts related to Better Blend.