What is the definition of 'Marks' in the context of the Cream franchise agreement?

According to the 2025 FDD, for Cream, the term "Marks" collectively refers to the trademarks, service marks, trade dress, and other commercial symbols and indicia that Cream and its affiliates own, use, promote, and license to others for Jeni's Ice Creams Scoop Shops. This includes the "Jeni's" trademark and any other trademarks, service marks, and commercial symbols that Cream may create, use, and license to identify Jeni's Ice Creams Scoop Shops and their products and services.

For a prospective franchisee, this means that the franchise agreement grants them the right to use these Marks to operate their Jeni's Ice Creams Scoop Shop. However, this right is subject to the terms and conditions outlined in the franchise agreement. Cream retains the right to modify, substitute, add, or discontinue the use of any Marks or the System, and franchisees are obligated to comply with these changes.

Franchisees must adhere to Cream's directions regarding the use of the Marks in connection with their shop. Cream is not required to reimburse franchisees for any costs or expenses associated with changes to the Marks or System, or for any loss of revenue resulting from these modifications. Upon termination of the franchise agreement, franchisees must cease using the Marks and take actions to de-identify their business as a former Jeni's Ice Creams Scoop Shop.