What is the purpose of the system website established by Potbelly Sandwich Works?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
We have established a system website (1) to advertise, market, and promote Potbelly Shops and the Products (and/or the Potbelly Shop franchise opportunity), (2) through which to operate on-line product ordering and other fulfillment systems, and (3) for any other purposes we consider appropriate or necessary for Potbelly Shops, the Products or the Potbelly system ("System Website"). We will create a separate interior webpage (accessible only through the System Website which we control) which references your Shop. You must give us the information we request to create your interior webpage on the System Website. By giving us the information, you represent that the information is accurate and not misleading and does not infringe any other party's rights. We will own all intellectual property and other rights in the System Website, your interior webpage, and all information they contain (including the log of "hits" by visitors and any personal or business data that visitors supply).
We will control, and may use Brand Fund contributions to develop, maintain, operate, update, and market, the System Website, including your interior webpage. We will update the information on your interior webpage, if any, or add information we approve as frequently as we deem appropriate. You must notify us whenever any information on your interior webpage changes or is not accurate. You must pay our then-current fee for us to create an interior webpage for your Shop or as we otherwise require to maintain and operate the System Website's various features and functions (if, or to the extent, the Brand Fund does not pay for these costs). We have sole control over all information on the System Website, including your interior webpage.
We will maintain your interior webpage only while you are in substantial compliance with the Franchise Agreement and all System Standards. If you are in material default of any obligation, we may temporarily suspend your interior webpage until you fully cure the default. We will permanently terminate your interior webpage when the Franchise Agreement expires or is terminated.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 37–49)
What This Means (2025 FDD)
According to Potbelly Sandwich Works's 2025 Franchise Disclosure Document, the system website serves multiple purposes. These include advertising, marketing, and promoting Potbelly Shops and their products, as well as the Potbelly Shop franchise opportunity itself. The website also facilitates online product ordering and other fulfillment systems. Additionally, Potbelly Sandwich Works may use the website for any other purposes they deem appropriate or necessary for Potbelly Shops, their products, or the Potbelly system as a whole.
Potbelly Sandwich Works will create a separate interior webpage for each shop, accessible through the main system website. Franchisees must provide accurate and non-misleading information for their shop's webpage, ensuring it does not infringe on any third-party rights. Potbelly Sandwich Works retains ownership of all intellectual property and rights related to the system website, including the franchisee's interior webpage and all data contained within it.
Potbelly Sandwich Works maintains control over the system website, including the franchisee's interior webpage, and may use Brand Fund contributions to develop, maintain, operate, update, and market the site. Franchisees are responsible for notifying Potbelly Sandwich Works of any changes or inaccuracies on their interior webpage. Franchisees may also be required to pay a fee for the creation and maintenance of their interior webpage if the Brand Fund does not cover these costs. Potbelly Sandwich Works will maintain a franchisee's interior webpage as long as the franchisee remains in substantial compliance with the Franchise Agreement and System Standards. Failure to comply may result in temporary suspension or permanent termination of the webpage.