Advertising and Promotion Fund. Landlord may, from time to time (without any obligation to do so), establish an advertising and promotion service designed to furnish and maintain professional advertising and sales promotions for the benefit of all tenants in the Plaza, at such times and in such manner as shall be determined by Landlord. In conjunction therewith, Xxxxxxxx will establish a separate fund to be known as the “Promotion Fund”, the proceeds of which are to be expended solely for advertising, promotion, public relations designed to promote the Plaza and administrative expenses related to the same. Tenant hereby agrees to pay monthly as part of Minimum Annual Rent as set forth in Section 1.05 of the Indenture, and as Additional Rent into the Promotion Fund for said advertising and promotion service an amount determined by Landlord as the “Marketing Service Charge” so that Tenant will have no additional charge as a result of the same. Tenant shall pay the Marketing Service Charge as part of Minimum Annual Rent as set forth in Section 1.05 of the Indenture above and Tenant agrees that Landlord may allocate any portion of Minimum Annual Rent to the Marketing Service Charge and other charges as Landlord may from time to time in its sole discretion determine to be appropriate. In addition, Xxxxxx agrees that Landlord shall not be obligated to provide Tenant with any statement or accounting relating to the actual and/or estimated Marketing Service Charge for any accounting period during the Term and/or Landlord’s allocation of Minimum Annual Rent paid by Tenant to such charges. In addition to payment of the Marketing Service Charge, Tenant shall participate and cooperate in all joint advertising, special sales and promotions sponsored by Landlord.
Advertising and Promotion Fund. Landlord may, from time to time, establish an advertising and promotion service designed to furnish and maintain professional advertising and sales promotions for the benefit of all tenants in the Entire Premises. In conjunction therewith, Landlord may establish a separate fund to be known as the Promotion Fund, the proceeds of which are to be expended solely for advertising, promotion, public relations designed to promote the Entire Premises and administrative expenses, at such times and in such manner as shall be determined by Landlord. Tenant shall not be obligated to make payments into the Promotion Fund; however, Tenant agrees that it will conduct an annual advertising and promotional campaign of not less than $200,000 per year. Should Landlord elect to have a “Grand Opening” promotion, in addition to the above, Tenant agrees to pay to Landlord, within thirty (30) days of Landlord’s billing, as its pre-opening contribution, the sum set forth in Section 1.12 herein which is Tenant’s share, of Landlord’s budget for funds to be expended for promotion and advertising of the Entire Premises. Any balance remaining in the Promotion Fund at the end of any calendar year shall be carried forward to the next calendar year to be used as provided herein. An Advertising and Promotion Service Committee composed of a representative of Landlord, a representative of each store exceeding a size of 25,000 square feet of floor area in the Entire Premises, and two (2) representatives of the other tenants in the Entire Premises may be formed to review all of the advertising activities.
Advertising and Promotion Fund. Pursuant to Section 11 herein, the Company reserves the right to establish and maintain an Advertising and Promotion Fund (the “Fund”). Once established, each Franchisee shall be required to pay to the Fund a non-refundable bi-weekly fee as set forth in Attachment A. The Company reserves the right to charge reasonable administrative fees to the Fund.
Advertising and Promotion Fund. The Company reserves the right to establish an Advertising and Promotion Fund (the “Fund”). After your first twelve months of operations (beginning with your first reported sales), you must pay to the Fund a continuing non-refundable fee equal to 1% of Gross Revenues. The Fund will be the sole advertising fund that we administer and will be used primarily for the design, production and placement of advertising materials and campaigns on a regional or national basis. No percentage of the Fund will be used for the solicitation of franchisees, however, our advertising and marketing material may contain contact numbers for obtaining information about Crowning Touch franchises. The Fund will be allocated to the following media: direct mail, newspaper, magazines, radio, television, and the Internet and will be placed by our advertising department. These funds will be applied towards the promotion of the System and there is no guarantee when funds will be applied to your particular area. All media coverage will be designed to strengthen overall franchise awareness – regionally, nationally and possibly internationally. The sums you pay to the Fund will be maintained in a separate account. Upon your request, we will annually account for the advertising funds expended, including a reasonable allocation for our overhead expenses associated with the administration and management of the Fund. It is understood and agreed that we will allocate advertising funds, as we deem appropriate. We will, as conditions warrant, seek input from all participants as to suggested expenditures, but our determination as to the final allocation of Fund expenditures may not be challenged or contested. Other than receiving a reasonable allocation of our overhead associated with the Fund, we do not receive payment for providing goods or services to an advertising fund. We are not required to spend any amount on advertising in the area where your Franchised Business will be located. If all of the advertising fees are not spent in the fiscal year in which they accrue, they remain in the Fund for use in the following year. We reserve the right to terminate the Fund in our sole discretion. The Fund will not be terminated, however, until all monies have been expended for advertising and/or promotional purposes, or returned pro- rata to participating franchises. We may establish such other policies and procedures for the administration of the Fund as we, in our sole discretion, may deem necessary.
Advertising and Promotion Fund. One percent (1%) of Gross Revenues are payable by the Franchisee.
