What rights does the Bimbo Foods Bakeries Distribution agreement explicitly grant to the distributor?

According to the 2025 Bimbo Foods Bakeries Distribution FDD, the agreement grants the distributor a limited, non-transferable, and non-exclusive right to use specific trademarks and trade names within their designated sales area. This right is specifically for identifying the Bimbo Foods Bakeries Distribution products and identifying themselves as a distributor of those products. The trademarks and trade names include those listed in Schedule B of the agreement, as well as any other trademarks or graphical designations found on the packaging of the products sold to the distributor by Bimbo Foods Bakeries Distribution or its affiliates.

This means that as a distributor, you are authorized to use the Bimbo Foods Bakeries Distribution branding to market and sell the products within your assigned territory. However, this right is limited, meaning you cannot transfer it to another party, it is not exclusive (Bimbo Foods Bakeries Distribution can grant similar rights to others), and it is only valid within your specific sales area. The purpose is strictly to identify the products and your role as a distributor, ensuring consistent branding and marketing practices.

It is important to note that this right is subject to the terms of the Distribution Agreement, implying that there may be other conditions or restrictions on the use of these trademarks and trade names. Additionally, the agreement specifies that the distributor can only use the trademarks and trade names to identify the products and themselves as a distributor, which suggests that any other use of the branding may be prohibited. A prospective franchisee should carefully review Schedule B and the full Distribution Agreement to understand the specific trademarks and trade names they are authorized to use and any limitations on their use.