What is Cream's policy on franchisees engaging in promotional activities through a Digital Presence?
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 are generally restricted from independently managing a Digital Presence related to their Cream shop. A "Digital Presence" includes any associated data, content, and related services used to advertise or promote Cream shops. Cream retains significant control over the brand's digital marketing and online presence.
Cream must provide prior written approval before a franchisee can develop or maintain any Digital Presence that mentions the shop, links to Cream's official Digital Presence, or displays Cream's trademarks. If Cream approves a franchisee's use of a Digital Presence, the franchisee must adhere to Cream's guidelines, including those for posting messages on third-party websites and maintaining an online privacy policy. Cream retains ownership rights to any Digital Presence managed by the franchisee unless otherwise specified.
Cream can request access to the franchisee's Digital Presence and require the franchisee to take actions, such as signing documents, to evidence Cream's ownership or control. Cream may also require franchisees to use a designated supplier to manage all Digital Presences associated with their shop and the Cream system, including managing content, comments, and responses to customer feedback. This ensures that all online activities align with Cream's brand standards and marketing strategies.