Can Cream use the Brand Fund's assets to develop, maintain, and update any Digital Presence?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream has the authority to utilize the Brand Fund's assets for the development, maintenance, and updating of any Digital Presence. These Digital Presences are used to advertise, market, and promote Jeni's Ice Creams Scoop Shops, along with their products, services, and franchise opportunities. Cream may showcase individual shops on these platforms but is not obligated to do so. Franchisees are required to provide necessary information and materials to keep their shop's details accurate on these Digital Presences. Cream retains full control over these platforms and can modify them as needed.
Cream maintains complete discretion over the Digital Presences, including the right to update and modify them, even concerning individual franchise locations. Franchisees must adhere to Cream's guidelines for any online presence related to their shop. Cream has final approval rights over all content related to the Cream system, trademarks, and promotion of shops. Non-compliance with the franchise agreement can result in the removal of a shop's references from these Digital Presences.
Cream retains unrestricted access and sole ownership of all accounts linked to the Digital Presences associated with the Cream system and trademarks. This includes all data, materials, and messages shared through these accounts, as well as branded email addresses. Cream can deactivate any account or restrict user access at any time. This level of control ensures brand consistency and allows Cream to manage its online presence effectively, while franchisees must rely on Cream for their digital marketing and adhere to the franchisor's standards.