What specific actions are required of a Coffee News franchisee to 'promote the Periodical'?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
" name or Format or attack the validity of this license of the use of such name or Format or do anything which would jeopardize or diminish Franchisor's rights to or the value of such name.
- 6.2 Use of Trade Secrets. Franchisee shall not directly or indirectly furnish to any other party any confidential information as to the "Coffee News" Format, methods of operation, advertising, promotion, ideas or any other information relating to Franchisor's business of "Coffee News" without the written consent of Franchisor. The provisions contained herein shall survive the termination, expiration, transfer, assignment, of this Agreement. Franchisee shall execute a non-disclosure or confidentiality agreement with its employees, officers, key personnel, agents, or stockholders, as the case may be, that such employees, officers, key personnel, agents, or stockholders, as the case may be, shall be bound by the contractual provisions contained in this paragraph, and will be liable for damages, reasonable attorney fees and court cost if the Franchisor has to enforce their contractual rights by legal actions.
- 6.3. Copyrights. All title, including without limitation copyrights, in and to the Periodical, Operations Manual, Coffee News College training materials, marketing promotion materials, our license agreements, and all content that Licensor and/or its affiliate develop, either in hardcopy or digital format, and any copies thereof are owned by Franchisor and/or its affiliate. All title and intellectual property rights in and to the Periodical content which may be accessed through use of the Periodical and related services is the property of Franchisor and shall be protected by applicable copyright and other intellectual property laws. This Agreement grants no rights to Franchisee's customer to use the content without Franchisor's written consent.
7. OBLIGATIONS OF FRANCHISOR.
In addition to the other obligations in this Agreement, Franchisor has the following obligations:
7.1 Operations Manual. Franchisor shall provide to Franchisee an operations manual describing how to arrange the distribution of the Periodical within the region covered by this Agreement, how to sell advertising, how advertising in the Periodical operates and how to design such advertisements, how to determine the suggested pricing of advertising, and how to determine coverage areas. This manual also will include sample Filler ad Advertisements, office supply samples such as sample insertion orders, sample business cards, envelopes and monthly sales envelopes for use by Franchisee in producing its own supplies of such materials (The "Operations Manual").
- 7.2 Trade Information. Franchisor shall disclose to Franchisee the unique marketing and sales techniques employed in the design and format of the Periodical.
- 7.3 Periodical Holders and Other Products. Franchisor shall disclose the design of the Periodical holder if Franchisee desires to have such holders made locally and to allow the purchase of either Periodical holder labels or Periodical holders with labels attached from Franchisor preferred vendor, Darter Specialties, 514 Cornwall Avenue, P.O. Box 188, Cheshire, CT 06410 or other vendors to be named in the future.
- 7.4 Support Services. Franchisor shall provide Franchisee with support services as deemed reasonable and advisable by Franchisor. This could include but not be limited to telephone conferencing, a newsletter, business and marketing ideas, form and display rack samples, and other networking concepts as they develop in the future.
8. OBLIGATIONS OF FRANCHISEE.
In addition to the other obligations in this Agreement, Franchisee has the following obligations:
- 8.1 Best Efforts. Franchisee shall use its best efforts to promote the Periodical by obtaining advertisers for the Periodical in the Franchisee's region. Franchisee shall distribute the Periodical to as many restaurants, hotels, coffee shops and other outlets directed by Franchisor as possible and to otherwise distribute the Periodical in such other ways as Franchisor may deem to be in the best interest of both parties.
- 8.2 Payment of Debts: Adverse Action. Franchisee shall pay promptly when due all taxes, accounts, and indebtedness of any kind incurred by Franchisee in the conduct of its business unless being contested actively in good faith. Franchisee shall pay any tax assessed by any State or other taxing authority in Franchisee's designated region on fee payments to or other revenue received by Franchisor from Franchisee. Franchisee agrees to notify Franchisor in writing within five days of the commencement of any action, suit, or proceeding which, if decided adversely to Franchisee, would materially and adversely affect Franchisee's financial condition and to notify Franchisor within five days of the issuance of any order, writ, injunction, award, or decree of any court, agency or other governmental instrumentality which adversely affects Franchisee's financial condition.
- 8.3 Spendthrift Provision. This license will be and remain personal and exclusive to Franchisee to the fullest extent authorized or permitted by law.
Source: Item 23 — Receipts (FDD pages 36–118)
What This Means (2025 FDD)
According to the 2025 Coffee News Franchise Disclosure Document, franchisees have several obligations related to promoting the periodical. Franchisees must adhere to Coffee News' social media policies, taking responsibility for their content and ensuring compliance with all applicable laws and regulations. This includes avoiding defamation, harassment, infringement of intellectual property, and misrepresentation in their posts. Franchisees must also comply with the 2012 FTC Endorsement Guidelines regarding endorsements and testimonials, disclosing any compensated relationships when promoting products.
Coffee News provides franchisees with an operations manual detailing how to arrange distribution, sell advertising, design advertisements, determine pricing, and define coverage areas. This manual includes sample advertisements and office supply samples. Franchisees are expected to use these resources to effectively market and distribute the Coffee News periodical within their territory.
Furthermore, franchisees are required to maintain an updated list of outlets and the number of copies distributed every six months. They must ensure each outlet has a sufficient number of copies for each weekly period and that each outlet uses a periodical holder, promptly replacing any that are lost or damaged. By fulfilling these obligations, Coffee News franchisees actively promote the periodical and maintain its presence in their local markets.