What actions must a Cream franchisee take at Cream's request regarding Digital Presences?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly authorized by us, you may not develop, maintain, or authorize any Digital Presence that mentions your Shop, links to any Digital Presence that we manage or maintain, or displays any of the Marks. You may also not engage in any promotional or similar activities, or sell any products or services, whether directly or indirectly, through any Digital Presence, without our prior written approval. If we approve the use of any such Digital Presence in the operation of your Shop, you will develop and maintain such Digital Presence only in accordance with our guidelines, including our guidelines for posting any messages or commentary on third-party websites and/or maintaining an online privacy policy. Unless we specify otherwise, we will own the rights to each such Digital Presence that you manage. At our request, you agree to grant us access to each such Digital Presence, and to take whatever action (including signing assignment or other documents) we request to evidence our ownership of such Digital Presence, or to help us obtain exclusive rights and administrative control over such Digital Presence. You also agree to use any supplier we designate to manage any and all Digital Presences associated with your Shop and/or our System, including that we may require you to engage a supplier we have designated or approved to manage content and/or comments and responses on any and all Digital Presences, including comments and responses to customers of your Shop.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream franchisees must adhere to specific guidelines and actions concerning their digital presence. Cream maintains control over the brand's online image and marketing strategies. Franchisees are generally prohibited from independently creating or managing digital presences that mention their shop, link to Cream's official digital platforms, or display Cream's trademarks, unless expressly authorized.
If Cream approves a franchisee's use of a digital presence, the franchisee must develop and maintain it according to Cream's guidelines, including those for online privacy policies and posting on third-party websites. Cream retains ownership of these digital presences unless otherwise specified. Franchisees must grant Cream access to these digital presences upon request and take necessary actions, such as signing assignment documents, to ensure Cream's ownership and control.
Cream may also require franchisees to use designated suppliers to manage all digital presences associated with their shop and the Cream system. This includes managing content, comments, and responses to customer feedback. These measures ensure brand consistency and quality control across all online platforms associated with Cream.