Can the Cream Brand Fund be used to pay for developing, implementing, and maintaining any presence on any electronic, virtual, or digital medium of any kind?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
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
address, social media account, username, other digital presence or presence on any electronic, virtual, or digital medium of any kind (each a "Digital Presence") or other software or applications; administering national, regional, digital, or local advertising and marketing campaigns and/or programs; using advertising, promotion, and marketing agencies and other advisors to provide assistance; supporting public relations, market research, and other advertising, promotion, and marketing strategy or implementation activities; and/or any other expenditures that are directly or indirectly related to promoting the Marks, the System, the brand, and/or Jeni's Ice Creams Scoop Shops.
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 website, domain name, email address, social media account, username, other digital presence or presence on any electronic, virtual, or digital medium of any kind. This means that Cream franchisees benefit from having a portion of their net sales (currently 2%, and up to 4%) allocated to a fund that can be used to establish and maintain an online presence for the brand.
Cream retains exclusive control over the programs and services administered by the Brand Fund, including creative concepts, materials, campaigns, geographic market, media placement, and allocation. This gives Cream the authority to decide how the Brand Fund is spent, including the development and maintenance of the brand's digital presence. While franchisees contribute to the Brand Fund, Cream ultimately decides how those funds are used to promote the brand and the Cream System.
Cream may establish and develop digital presences to advertise, market, and promote Cream Scoop Shops, the products and services that they offer and sell, or the Cream franchise opportunity. Cream may, but is not obligated to, reference, advertise, describe, and/or promote a franchisee's shop on any digital presence that Cream maintains or manages. Except as authorized by Cream, franchisees may not develop, maintain, or authorize any digital presence that mentions their shop, links to any digital presence that Cream manages or maintains, or displays any of the marks.
Cream may also elect to control any or all digital presences associated with the marks and/or a franchisee's shop, including that Cream may elect to control responses posted to comments of customers on third-party platforms and directories. This highlights the importance of franchisees adhering to Cream's System Standards for all advertising and marketing efforts, as Cream retains the right to approve or disapprove any materials used by franchisees.