Can the Chocolate Fish Coffee Brand Fund be used for international marketing?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
ranchising.
- 9.2 Use by Chocolate Fish Franchising. Chocolate Fish Franchising may use any marketing materials or campaigns developed by or on behalf of Franchisee, and Franchisee hereby grants an unlimited, perpetual, royalty-free license to Chocolate Fish Franchising for such purpose.
- 9.3 Brand Fund. Chocolate Fish Franchising may establish a Brand Fund to promote the System on a local, regional, national, and/or international level. If Chocolate Fish Franchising has established a Brand Fund:
- (a) Separate Account. Chocolate Fish Franchising shall hold the Brand Fund Contributions from all franchisees in one or more bank accounts separate from Chocolate Fish Franchising's other accounts.
- (b) Use. Chocolate Fish Franchising shall use the Brand Fund only for marketing, advertising, and public relations materials, programs and campaigns (including at local, regional, national, and/or international level), and related overhead. The foregoing includes such activities and expenses as Chocolate Fish Franchising reasonably determines, and may include, without limitation: development and placement of advertising and promotions; sponsorships; contests and sweepstakes; development of décor, trade dress, Marks, and/or branding; development and maintenance of brand websites; social media; internet activities; e-commerce programs; search engine optimization;
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, the Brand Fund can be used for international marketing. Chocolate Fish Franchising may establish a Brand Fund to promote the Chocolate Fish Coffee system on a local, regional, national, and/or international level.
Chocolate Fish Franchising is responsible for using the Brand Fund solely for marketing, advertising, and public relations materials, programs, and campaigns, which can occur at the local, regional, national, and/or international level. These activities and expenses are determined reasonably by Chocolate Fish Franchising.
Examples of Brand Fund usage include the development and placement of advertising and promotions, sponsorships, contests and sweepstakes, development of décor, trade dress, Marks, and/or branding, development and maintenance of brand websites, social media, internet activities, e-commerce programs, search engine optimization, market research, public relations, media or agency costs, trade shows and other events, printing and mailing, and administrative and overhead expenses related to the Brand Fund, including employee compensation and accounting expenses.