What is included in Cream's definition of 'Digital Presences'?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
any associated data, content, and/or related services (collectively, "Digital Presences") to advertise, market, and promote Jeni's Ice Creams Scoop Shops, the products and services that they offer and sell, or the Jeni's Ice Creams Scoop Shop franchise opportunity. We may, but are not obligated to, reference, advertise, describe, and/or promote your Shop on any Digital Presence that we maintain or manage. You must provide us the information and materials we request to develop, update, and modify the information about your Shop on any Digital Presences and notify us whenever any such information about your Shop is not accurate. We will maintain each Digital Presence in our sole discretion, and may use the Brand Fund's assets to develop, maintain, and update any Digital 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.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Digital Presences encompass any associated data, content, and related services used to advertise, market, and promote Jeni's Ice Creams Scoop Shops, their products, services, and the franchise opportunity itself.
This definition is important for prospective franchisees because Cream retains significant control over these Digital Presences. Cream may reference, advertise, describe, and/or promote a franchisee's shop on any Digital Presence that Cream maintains or manages. Franchisees are obligated to provide Cream with requested information and materials to develop, update, and modify information about their shop on these platforms and must notify Cream of any inaccuracies.
Cream maintains sole discretion over each Digital Presence and may use the Brand Fund's assets for development, maintenance, and updates. Cream also has final approval rights over all information and content related to the Cream system, trademarks, and promotion of shops, including the franchisee's shop. If a franchisee defaults on any obligations, Cream can remove references to their shop from any Digital Presences they manage.
Cream retains unrestricted access to and sole ownership of all accounts associated with any Digital Presence related to the Cream system and trademarks. This includes all documents, data, materials, and messages shared from such accounts, as well as branded email addresses and other accounts used by the franchisee or their personnel in connection with their shop. Cream may deactivate any such account or limit access at any time. Franchisees are generally prohibited from creating their own Digital Presences without express authorization from Cream.