What happens if an Endless Summer Sweets franchisee uses unapproved advertising materials?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
You must obtain our approval (in writing) of all marketing, advertising and promotional materials before use, including any of your own materials, at least 10 days before the deadline for running or using the marketing, advertising or promotional materials. Any marketing, advertising or promotional materials not approved by us within 14 days will be deemed disapproved. At any time, we may require you to stop any marketing, advertising or promotion. You must use marketing, advertising and promotional materials that depict any of our trademarks only in connection with your sale of approved services and products in connection with your Business. Any marketing, advertising and promotional materials you use must be current, in good taste and in good condition and communicate the brand position and character that we have established for franchised businesses. We may periodically make available for purchase, from us or our affiliates or designated or approved suppliers, certain advertising, marketing and promotion materials.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 18–25)
What This Means (2024 FDD)
According to Endless Summer Sweets' 2024 Franchise Disclosure Document, franchisees must use only approved advertising and promotional materials for local advertising. If a franchisee wants to use any unapproved advertising or promotional materials bearing the Endless Summer Sweets name, trademarks, or other proprietary marks, they must obtain prior written approval from Endless Summer Sweets. If Endless Summer Sweets does not approve the materials within 14 days, they will be deemed disapproved.
Endless Summer Sweets requires franchisees to spend 3% of their gross sales per month on advertising and promotional activities. By February 28th of each year, franchisees must provide Endless Summer Sweets with an accounting and documentation of their local advertising and promotional activities from the previous year. If a franchisee fails to spend the required minimum amount on approved local advertising, they must pay Endless Summer Sweets the difference between what they should have spent and what they actually spent.
Endless Summer Sweets may periodically make advertising, marketing, and promotion materials available for purchase from them, their affiliates, or designated/approved suppliers. Franchisees must use marketing, advertising, and promotional materials that depict any of Endless Summer Sweets' trademarks only in connection with the sale of approved services and products in connection with their business. Any marketing, advertising, and promotional materials used must be current, in good taste and condition, and communicate the brand position and character that Endless Summer Sweets has established for franchised businesses. At any time, Endless Summer Sweets may require a franchisee to stop any marketing, advertising, or promotion.