Does Cream have policies for the registration, use, content, and/or management of Digital Presences?

and/or reject any causes, organizations, events, and/or initiatives in our sole and absolute discretion. You may not use your Shop, our Marks, and/or our System in any manner whatsoever to promote any organization, charity, cause, and/or platform that we have not expressly approved, and/or that we have disapproved.

E. DIGITAL PRESENCES.

We may periodically establish, maintain, manage and host websites, domain names, email address or accounts, social media accounts or content, location-based listings or accounts, and/or other online, digital, virtual or similar content, accounts, and/or other presences of any kind, together with

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.

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. At our request, you agree to sign a release with any supplier of your Computer System, providing us and our designees with such access to the Computer System as we may request from time to time. If such supplier is not willing to grant independent access for any reason, you agree to provide us and our designees access to your Computer System through your account and/or administrator privileges we specify.

You agree to conduct all bookkeeping, accounting, and recordkeeping for your Shop using the software and other products and services we designate and/or approve from time to time, and conforming to the requirements, specifications, and formats we prescribe from time to time. Without limiting the foregoing, you agree that we may periodically require you to use a standard chart of accounts for your Shop's accounting and bookkeeping records, and if we do so, you agree to use all standard chart of accounts, ledgers, and similar organizational and standardized methods of recording your Shop's financial performance and profits, losses, assets, revenue, and expenses. We may modify our requirements for your Shop's bookkeeping, accounting, and recordkeeping from time to time and you agree to comply with all of our System Standards for bookkeeping, accounting, and recordkeeping.

You agree to deliver to us such financial records, including profit and loss statements, operating statements, cash flow statements, statistical reports, bank activity reports, tax records, and such other records we request, at the intervals and in the formats we specify. We may modify our requirements for the types, formats, specifications, and methods for your reports and financial statements from time to time. You agree to verify and sign each report and financial statement in the manner we prescribe. We may use and/or disclose these reports and/or any data derived from these reports, as we determine in our sole discretion. You agree to preserve and maintain all records in a secure location at your Shop for at least three years, or such longer period as may be required by applicable law (including sales checks, purchase orders, invoices, payroll records, customer lists, check stubs, sales tax records and returns, cash receipts and disbursement journals, and general ledgers).

At our request, you will provide current financial information for your owners and guarantors sufficient to demonstrate such owners and guarantors' ability to satisfy their financial obligations under their individual guarantees (our form of which is attached hereto as Attachment D).

11. INSPECTIONS AND AUDITS.

A. OUR RIGHT TO INSPECT YOUR SHOP.

We and our designated agents or representatives, may at all times and without prior notice to you: (1) inspect your Shop; (2) photograph your Shop and observe and videotape your Shop's operation for consecutive or intermittent periods we deem necessary; (3) continuously or periodically monitor your Shop using electronic surveillance or other means; (4) remove samples of any products and supplies; (5) speak with your Shop's personnel and customers; (6) inspect your Computer System, including hardware, software, security, configurations, connectivity, and data access; and (7) inspect and copy any books, records, and documents relating to your Shop's operation. Additionally, we may contract with third parties to conduct mystery shopper, customer survey, or other market research, auditing, testing, and quality assurance inspections at your Shop. You agree to cooperate with us fully during the course of these inspections and tests. You agree to reimburse us for the cost of any quality assurance inspection and mystery shoppers that we engage to inspect your Shop from time to time.

Source: Item 23 — RECEIPTS (FDD pages 61–192)