What rights does Cream have regarding accounts associated with any Digital Presence relating to the Cream system?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream retains significant rights and control over all accounts associated with any Digital Presence related to the Cream system. Cream has unrestricted access to and sole ownership of these accounts, which includes all documents, data, materials, and messages shared through them. This also extends to any branded email addresses or other accounts used by the franchisee, their principal owner, shopkeepers, or other personnel in connection with the Cream shop. Cream can deactivate any such account or limit user access at any time.
This means that as a Cream franchisee, you must acknowledge that Cream has complete authority over all digital accounts related to the Cream system. This includes the content, data, and communications within those accounts. Cream's control extends to branded email addresses and other accounts used by the franchisee and their staff. Cream can access these accounts, modify their content, and even deactivate them if necessary.
For a prospective Cream franchisee, this underscores the importance of adhering to Cream's guidelines and standards for all digital communications and marketing efforts. It also highlights the need to maintain open communication with Cream regarding any digital presence activities. While franchisees may contribute to the digital presence, Cream ultimately has the final say and can take action to ensure brand consistency and compliance. This level of control is common in franchising, as franchisors seek to protect their brand and maintain uniform standards across all locations.
Cream also reserves the right to all telephone numbers, fax numbers, email addresses, and other Digital Presences, online listings, and/or any other type of contact information or directory listing for your Shop or that you use in the operation or promotion of your Shop. Cream can notify any third-party owning or controlling any Contact Information, if any information relating to your Shop is inaccurate or violates Cream's System Standards, and request that they modify such Contact Information, and/or remove such Contact Information.