Can the Cream Brand Fund be used to pay for developing, implementing, and maintaining any email address?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We have established a brand promotion fund (the "Brand Fund") to administer certain advertising, marketing, and public relations programs for the System, the Jeni's® brand, and the promotion of Jeni's Ice Creams Scoop Shops. You must contribute to the Brand Fund the amount that we prescribe (the "Brand Fund Contribution"). Currently, the Brand Fund Contribution is 2% of Net Sales. We may modify the amount of the Brand Fund Contribution with 30 days prior notice to you, in an amount up to 4% of Net Sales.
We are not required to spend any amount on marketing within any particular market. We will have exclusive control over all programs and services administered by the Brand Fund, including over the creative concepts, materials, and campaigns and their geographic market, media placement and allocation. The Brand Fund may pay for preparing and producing video, audio, and written materials and electronic media; sponsoring, supporting, and/or donating proceeds to one or more charitable, social, or community organizations or initiatives and/or hosting campaigns, initiatives, and/or events for the foregoing; developing, implementing, and maintaining any website, domain name, email
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 28–35)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the Brand Fund can be used to cover the costs of developing, implementing, and maintaining any email address. Cream has established a Brand Fund to manage advertising, marketing, and public relations for the Cream system and brand.
The Brand Fund's resources may be used for various activities, including creating video, audio, written, and electronic media, supporting charitable initiatives, and managing digital presences. Digital presences include websites, domain names, email addresses, social media accounts, and other online platforms.
Cream retains exclusive control over the Brand Fund's programs and services, including creative materials, campaigns, and their market placement. Cream may also use the Brand Fund to cover administrative and overhead costs, such as salaries and benefits for personnel managing the fund, and other related expenses. Cream can modify Brand Fund expenditures at any time. Franchisees contribute to the Brand Fund, with the current contribution being 2% of Net Sales, and Cream can increase this up to 4% with 30 days' notice.