What are the consequences if a Cream franchisee violates the Digital Presence policy?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
l Presence. We may periodically update and modify any Digital Presence (including relating to your Shop) in our sole and absolute discretion. We have final approval rights over all information and content on any Digital Presence relating to our System, displaying the Marks, and/or promoting Shops (including your Shop). If you are in default of any obligation under this Agreement, then we may, in addition to our other remedies, remove references to your Shop from any Digital Presences that we manage or maintain.
You acknowledge and agree that we will have unrestricted access to and sole ownership of all accounts associated with any Digital Presence relating to the System and/or our Marks, including all documents, data, materials, and messages shared from or by such accounts, and including any and all branded email addresses and/or other accounts used by you, your Principal Owner, your Shopkeeper(s), and/or or your other personnel in connection with your Shop. We may deactivate any such account or limit your or your users' access to it at any time.
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.
10. RECORDS, REPORTS, AND FINANCIAL STATEMENTS.
You must use the Computer System to maintain certain sales and other financial data, customer information, and other information we designate. You agree that we will have access to your Computer System at all times and that you must ensure that we and our designees have the right to access, collect, and retain from the Computer System any and all data concerning your Shop, other than the software you use to maintain payroll and other human resource files.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, if a franchisee defaults on any obligation under the Franchise Agreement, Cream has the right to remove references to the franchisee's shop from any digital presences that Cream manages or maintains. Cream has final approval rights over all information and content on any Digital Presence relating to their system, displaying the Marks, and/or promoting Shops, including the franchisee's Shop. Cream retains unrestricted access to and sole ownership of all accounts associated with any Digital Presence relating to the System and/or Cream's Marks. This includes all documents, data, materials, and messages shared from or by such accounts, and any and all branded email addresses and/or other accounts used by the franchisee, their Principal Owner, their Shopkeeper(s), and/or or their other personnel in connection with their Shop. Cream may deactivate any such account or limit the franchisee's or their users' access to it at any time.
Cream specifies that 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, unless expressly authorized by Cream. Franchisees also may not engage in any promotional or similar activities, or sell any products or services, whether directly or indirectly, through any Digital Presence, without Cream's prior written approval. If Cream approves the use of any such Digital Presence in the operation of the Shop, the franchisee will develop and maintain such Digital Presence only in accordance with Cream's guidelines, including their guidelines for posting any messages or commentary on third-party websites and/or maintaining an online privacy policy. Unless Cream specifies otherwise, they will own the rights to each such Digital Presence that the franchisee manages. At Cream's request, the franchisee agrees to grant them access to each such Digital Presence, and to take whatever action (including signing assignment or other documents) they request to evidence their ownership of such Digital Presence, or to help them obtain exclusive rights and administrative control over such Digital Presence.
Upon termination or expiration of the Franchise Agreement, the franchisee must cease using and, at Cream's direction, either disable or transfer, assign, or otherwise convey to Cream full control of all Contact Information and Digital Presences that the franchisee used to operate their Shop or that displays any of the Marks or any reference to the franchise system. All liabilities and obligations arising from any such Contact Information or Digital Presence prior to the date of the transfer, assignment, or conveyance to Cream will remain the franchisee's sole responsibility in all respects, and any costs Cream incurs in connection therewith will be indemnifiable. The franchisee must comply with all System Standards Cream establishes from time to time (and all applicable laws) in connection with the closure and de-identification of their Shop, including as it relates to disposing of Personal Information, in any form, in their possession or the possession of any of their employees; and give Cream evidence satisfactory to them of their compliance with these obligations.