If a Cream franchisee is approved to use a Digital Presence, what guidelines must they follow?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, franchisees must adhere to specific guidelines if they are authorized to use a Digital Presence for their shop. Cream retains significant control over these digital platforms. Franchisees must develop and maintain their Digital Presence in accordance with Cream's guidelines, which include rules for posting messages or commentary on third-party websites and maintaining an online privacy policy. Cream also has the right to designate a specific supplier to manage all Digital Presences associated with the shop, including content, comments, and customer responses.
Cream maintains ownership of the rights to each Digital Presence managed by the franchisee, unless otherwise specified. Franchisees are required to grant Cream access to these Digital Presences and take any necessary actions, such as signing documents, to evidence Cream's ownership or help them obtain exclusive rights and administrative control. This ensures that Cream can maintain brand consistency and manage the online reputation of the franchise system.
Without Cream's express authorization, franchisees are prohibited from developing or maintaining any Digital Presence that mentions their shop, links to Cream's managed Digital Presences, or displays any of Cream's trademarks. They also cannot engage in promotional activities or sell products or services through any Digital Presence without prior written approval. These restrictions are in place to protect Cream's brand and ensure that all online activities align with the company's standards and strategies. Cream also has the right to control any or all Digital Presences associated with the Marks and/or your Shop, including that we may elect to control responses posted to comments of your customers on third-party platforms and directories.