What is the Card My Yard Marketing Fund?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
"Marketing Fund" or "Fund" means the marketing fund described in Section IX.C. of this Agreement.
"Marks" means the trade names, trademarks, service marks, logos, emblems and other indicia of origin that we have designated, and may hereafter designate, in writing for use in connection with theSystem, including, but not limited to, the mark "Card My Yard."
We will direct all programs financed by the Fund, with sole discretion over the creative concepts, materials and endorsements, and the geographic, market and media placement and allocation thereof.
You agree that the Fund may be used to pay the costs of preparing and producing video, audio and written advertising
materials; administering national, regional and multiregional advertising programs, including, without limitation, purchasing direct mail and other media advertising and employing advertising, promotion and marketing agencies; the cost of developing and maintaining an internet website; developing and maintaining gift card, membership and other customer loyalty programs; and supporting public relations, market research and other advertising, promotion and marketing activities.
The Fund will be accounted for separately from our other funds and will not be used to defray any of our general operating expenses, except for such reasonable salaries, administrative costs, travel expenses and overhead as we may incur in activities related to the administration of the Fund and its programs, including, without limitation, conducting market research; preparing advertising, promotion and marketing materials; and collecting and accounting for contributions to the Fund.
We may spend, on behalf of the Fund, in any fiscal year an amount greater or less than the aggregate contribution of all Card My Yard businesses to the Fund in that year, and the Fund may borrow from us or others to cover deficits or invest any surplus for future use.
All interest earned on monies contributed to the Fund will be used to pay advertising costs before other assets of the Fund are expended.
We will prepare an annual unaudited statement of monies collected and costs incurred by the Fund and furnish the statement to you upon written request.
Card My Yard businesses owned by us and our Affiliates may, but are not required to, contribute to the Fund on the same basis as a franchisee under the terms of a standard franchise agreement for a Card My Yard business.
We reserve the right, upon thirty (30) days' prior written notice to you, to defer, reduce or suspend contributions to (and, if suspended, deferred or reduced, to reinstate such contributions) and to suspend operations of, the Fund for one or more periods of any length and to terminate (and, if terminated, to reinstate) the Fund.
If the Fund is terminated, all unspent monies on the date of termination will be distributed to the contributors to the Fund in proportion to their respective contributions to the Fund during the preceding twelve (12) month period.
Although we will endeavor to utilize the Fund to develop advertising and marketing materials and programs that will benefit all Card My Yard businesses, we undertake no obligation to ensure that expenditures by the Fund in or affecting any geographic area are proportionate or equivalent to the contributions to the Fund by Card My Yard businesses operating in that geographic area or that any Card My Yard business will benefit directly or in proportion to its contribution to the Fund from the development of advertising and marketing materials or the placement of advertising.
You acknowledge that the Fund is intended to maximize recognition of the Marks and patronage of Card My Yard businesses.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, the "Marketing Fund" or "Fund" is a marketing fund described in Section IX.C of the franchise agreement. Card My Yard intends for the Fund to maximize recognition of its Marks and patronage of Card My Yard businesses. The Marks are the trade names, trademarks, service marks, logos, emblems and other indicia of origin that Card My Yard has designated for use in connection with the System, including the mark "Card My Yard."
Card My Yard directs all programs financed by the Fund and has sole discretion over the creative concepts, materials and endorsements, and the geographic, market and media placement and allocation thereof. The Fund may be used to pay the costs of preparing and producing video, audio and written advertising materials; administering national, regional and multiregional advertising programs; purchasing direct mail and other media advertising and employing advertising, promotion and marketing agencies; the cost of developing and maintaining an internet website; developing and maintaining gift card, membership and other customer loyalty programs; and supporting public relations, market research and other advertising, promotion and marketing activities.
The Fund will be accounted for separately from Card My Yard's other funds and will not be used to defray any of their general operating expenses, except for reasonable salaries, administrative costs, travel expenses and overhead as they may incur in activities related to the administration of the Fund and its programs. Card My Yard may spend, on behalf of the Fund, in any fiscal year an amount greater or less than the aggregate contribution of all Card My Yard businesses to the Fund in that year, and the Fund may borrow from them or others to cover deficits or invest any surplus for future use. All interest earned on monies contributed to the Fund will be used to pay advertising costs before other assets of the Fund are expended. Card My Yard will prepare an annual unaudited statement of monies collected and costs incurred by the Fund and furnish the statement to franchisees upon written request.
Card My Yard businesses owned by them and their Affiliates may, but are not required to, contribute to the Fund on the same basis as a franchisee. Card My Yard reserves the right to defer, reduce or suspend contributions to (and, if suspended, deferred or reduced, to reinstate such contributions) and to suspend operations of, the Fund for one or more periods of any length and to terminate (and, if terminated, to reinstate) the Fund, upon thirty (30) days' prior written notice to franchisees. If the Fund is terminated, all unspent monies on the date of termination will be distributed to the contributors to the Fund in proportion to their respective contributions to the Fund during the preceding twelve (12) month period.