Can Chocolate Fish Coffee require franchisees to participate in advertising or promotional campaigns?

e, and sponsorships) that have not been approved by Chocolate Fish Franchising. Chocolate Fish Franchising may (but is not obligated to) operate all "social media" accounts on behalf of the System, or it may permit franchisees to operate one or more

accounts. Franchisee must comply with any System Standards regarding marketing, advertising, and public relations, include any social media policy that Chocolate Fish Franchising may prescribe. Franchisee shall implement any marketing plans or campaigns determined by Chocolate Fish Franchising.

• 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; 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 the compensation of Chocolate Fish Franchising's employees working on marketing and for accounting, bookkeeping, reporting, legal and other expenses related to the Brand Fund).
• (c) Discretion. Franchisee agrees that expenditures from the Brand Fund need not be proportionate to contributions made by Franchisee or provide any direct or indirect benefit to Franchisee. The Brand Fund will be spent at Chocolate Fish Franchising's sole discretion, and Chocolate Fish Franchising has no fiduciary duty with regard to the Brand Fund.
• (d) Contribution by Other Outlets.

Source: Item 23 — RECEIPTS (FDD pages 41–119)