ministration of the advertising fund. A financial accounting of the operations of the advertising fund, including deposits into and disbursements from the advertising fund, will be prepared annually and made available to you upon request.

• (b) Contributions from You and Us. On the sixth (6 th) day of each month, you must pay us an advertising fund fee equal to 0.5% of your Program Sales for the prior month's operations. We will deposit into the advertising fund all: (i) advertising fund fees paid by you and other franchisees (unless we allocate the fees to an advertising cooperative); (ii) fines paid by you and other franchisees; and (iii) rebates or other payments we receive from suppliers based on franchisee purchases. Any company-owned Body & Brain Center or Body & Brain home-based business will contribute to the advertising fund on the same basis as our franchisees. However, if we modify the amount or timing of the contributions that must be made to the advertising fund, any company-owned Body & Brain Center or Body & Brain home-based business that is established or acquired after the modification may contribute to the advertising fund utilizing the modified amount or timing. Except as stated in this Section, we have no obligation to expend our own funds or resources for any Advertising Campaign.
• 9.2 Marketing Assistance From Us. We will provide you with a standardized marketing plan for your Business. The marketing plan will be included in the Manual. We may create and make available to you advertising and other marketing materials at no additional charge. We may make these materials available over the Internet (in which case you must arrange for printing the materials and paying all printing costs). Alternatively, we may enter into relationships with third party suppliers who will create the advertising or marketing materials for your purchase. We will provide reasonable marketing consulting, guidance and support throughout the Term on an as needed basis.

9.3 Your Marketing Activities

• (a) Generally. Although you are encouraged to engage in local advertising, you are not required to spend any minimum amount on local advertising to promote your Business. However, you must participate at your own expense in all advertising, promotional and marketing programs that we require. All advertisements and promotions that you create or use must be completely factual and conform to the highest standards of ethical advertising and comply with all federal, state and local laws. You must ensure that your advertisements and promotional materials do not infringe upon the intellectual property rights of any person.
• (b) Approval of Advertising. We must approve all advertising and promotional materials that were not prepared or previously approved by us before you use them (including materials that we prepare or approve and you modify). We will be deemed to have approved the materials if we fail to issue our disapproval within five (5) business days after receipt. You may not use any advertising or promotional materials that we have disapproved (including materials that we previously approved).
• (c) Online Advertising. You are not allowed to develop or maintain your own website. We will list your information on our website. You are permitted to engage in online advertising as long as we approve the content of the advertisement and means of communication in advance pursuant to Section 9.3(b). You also may advertise through approved social media accounts. At all times you must comply with any social media policy that we develop.
• (d) Coupon Deals and Discount Programs. You agree to participate in all coupon deals that we specify, such as Groupon.

Source: Item 23 — RECEIPT (FDD pages 43–178)