Can the Cream Brand Fund be used to pay for developing, implementing, and maintaining any username?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
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. We may also use the Brand Fund to pay for the Brand Fund's administrative and overhead costs, including the reasonable salaries and benefits of personnel who manage and administer the Brand Fund, and any other expenses that we or our affiliates incur that are related to administering or directing the Brand Fund and its programs. We may modify Brand Fund expenditures at any time.
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 username. Cream has established a brand promotion fund (the "Brand Fund") to administer advertising, marketing, and public relations programs.
The Brand Fund may be used for various advertising and promotional activities, including creating video, audio, written, and electronic media. It can also be used for charitable contributions, social initiatives, community events, and developing and maintaining websites, domain names, and email addresses. Additionally, the Brand Fund can cover the costs of developing, implementing, and maintaining any username, social media account, or other digital presence.
Cream retains exclusive control over the Brand Fund's programs and services, including creative concepts, materials, campaigns, and their geographic market, media placement, and allocation. Franchisees are required to contribute to the Brand Fund, with the current contribution set at 2% of Net Sales, which may be adjusted up to 4% with 30 days' notice.
Cream may also use the Brand Fund to pay for its administrative and overhead costs, including salaries and benefits for personnel managing the fund, and any other expenses related to administering or directing the Brand Fund and its programs. Cream can modify Brand Fund expenditures at any time and is not obligated to spend any amount on marketing within a particular market.