Common use of Marketing and Promotion Fee Clause in Contracts

Marketing and Promotion Fee. The Franchisee shall pay to the Franchisor, in addition to Royalties, a fee of 1% of the total amount of the Franchisee’s Gross Retail Sales (“Marketing and Promotion Fee”). The Marketing and Promotion Fee shall be in addition to and not in lieu of the Franchisee’s expenditures for local advertising, as described in Section 12.2 above. The following terms and conditions will apply: a. The Marketing and Promotion Fee shall be payable concurrently with the payment of the Royalties, and transmitted to the Franchisor in accordance with Section 11.3 above, for all Marketing and Promotion Fees for the immediately preceding month. b. The Marketing and Promotion Fees will be subject to the same late charges as the Royalties, in an amount and manner set forth in Section 11.3 above. c. Upon written request by the Franchisee, the Franchisor will make available to the Franchisee, no later than 120 days after the end of each fiscal year, an annual financial statement which indicates how the Marketing and Promotion Fees have been spent. d. The Marketing and Promotion Fees will be administered by the Franchisor, in its sole discretion, and may be used for production and placement of point of purchase advertising, in-store signage, in-store promotions, media advertising, direct mailings, brochures, collateral material advertising, surveys of advertising effectiveness, packaging development, logo, design or other advertising or public relations expenditures relating to advertising the Franchisee’s products and services. e. The Franchisor may reimburse itself for independent audits, reasonable accounting, bookkeeping, reporting and legal expenses, taxes and other reasonable direct and indirect expenses as may be incurred by the Franchisor or its authorized representatives in connection with the programs funded by the Marketing and Promotion Fees. The Franchisor will not be liable for any act or omission with respect to such Marketing and Promotion Fees that is consistent with this Agreement and is done in good faith.

Marketing and Promotion Fee. The Franchisee shall pay to the Franchisor, in addition to Royalties, a fee of 1up to 2% of the total amount of the Franchisee’s Gross Retail Sales (“Marketing and Promotion Fee”). The Franchisor may change the amount of the Marketing and Promotion Fee upon 30 days notice, but the amount will not exceed 2% of Gross Retail Sales. The Marketing and Promotion Fee shall be in addition to and not in lieu of the Franchisee’s expenditures for local advertising, as described in Section 12.2 above. The following terms and conditions will apply: a. The Marketing and Promotion Fee shall be payable concurrently with the payment of the Royalties, and transmitted to the Franchisor in accordance with Section 11.3 above, for all Marketing and Promotion Fees for the immediately preceding month. b. The Marketing and Promotion Fees will be subject to the same late charges as the Royalties, in an amount and manner set forth in Section 11.3 above. c. Upon written request by the Franchisee, the Franchisor will make available to the Franchisee, no later than 120 days after the end of each fiscal year, an annual financial statement which indicates how the Marketing and Promotion Fees have been spent. d. The Marketing and Promotion Fees will be administered by the Franchisor, in its sole discretion, and may be used for production and placement of point of purchase advertising, in-store signage, in-store promotions, media advertising, direct mailings, brochures, collateral material advertising, implementing and administering gift card and customer loyalty card programs, surveys of advertising effectiveness, packaging development, logo, design or other advertising or public relations expenditures relating to advertising the Franchisee’s products and services. e. The Franchisor may reimburse itself for independent audits, reasonable accounting, bookkeeping, reporting and legal expenses, taxes and other reasonable direct and indirect expenses as may be incurred by the Franchisor or its authorized representatives in connection with the programs funded by the Marketing and Promotion Fees. The Franchisor will not be liable for any act or omission with respect to such Marketing and Promotion Fees that is consistent with this Agreement and is done in good faith.

Marketing and Promotion Fee. The Franchisee shall pay to the Franchisor, in addition to Royalties, a fee of 1% of the total amount of the Franchisee’s 's Gross Retail Sales (“Marketing and Promotion Fee”"MARKETING AND PROMOTION FEE"). The Marketing and Promotion Fee shall be in addition to and not in lieu of the Franchisee’s 's expenditures for local advertising, as described in Section 12.2 above. The following terms and conditions will apply: a. The Marketing and Promotion Fee shall be payable concurrently with the payment of the Royalties, and transmitted to the Franchisor in accordance with Section 11.3 above, for all Marketing and Promotion Fees for the immediately preceding month. b. The Marketing and Promotion Fees will be subject to the same late charges as the Royalties, in an amount and manner set forth in Section 11.3 above. c. Upon written request by the Franchisee, the Franchisor will make available to the Franchisee, no later than 120 days after the end of each fiscal year, an annual financial statement which indicates how the Marketing and Promotion Fees have been spent. d. The Marketing and Promotion Fees will be administered by the Franchisor, in its sole discretion, and may be used for production and placement of point of purchase advertising, in-store signage, in-store promotions, media advertising, direct mailings, brochures, collateral material advertising, surveys of advertising effectiveness, packaging development, logo, design or other advertising or public relations expenditures relating to advertising the Franchisee’s 's products and services. e. The Franchisor may reimburse itself for independent audits, reasonable accounting, bookkeeping, reporting and legal expenses, taxes and other reasonable direct and indirect expenses as may be incurred by the Franchisor or its authorized representatives in connection with the programs funded by the Marketing and Promotion Fees. The Franchisor will not be liable for any act or omission with respect to such Marketing and Promotion Fees that is consistent with this Agreement and is done in good faith.

Marketing and Promotion Fee. The Franchisee shall pay to the Franchisor, in addition to Royalties, a fee of 1% of the total amount of the Franchisee’s 's Gross Retail Sales (“"Marketing and Promotion Fee”"). The Marketing and Promotion Fee shall be in addition to and not in lieu of the Franchisee’s 's expenditures for local advertising, as described in Section 12.2 above. The following terms and conditions will apply: a. (a) The Marketing and Promotion Fee shall be payable concurrently with the payment of the Royalties, and transmitted mailed to the Franchisor in accordance with Section 11.3 aboveFranchisor, postmarked no later than the 15th day of each month, for all Marketing and Promotion Fees based on Gross Retail Sales for the immediately preceding month. b. (b) The Marketing and Promotion Fees will be subject to the same late charges as the Royalties, in an amount and manner set forth in Section 11.3 12.3 above. c. (c) Upon written request by the Franchisee, the Franchisor will make available to the Franchisee, no later than 120 days after the end of each fiscal year, an annual financial statement which indicates how the Marketing and Promotion Fees have been spent. d. (d) The Marketing and Promotion Fees Fees, will be administered by the Franchisor, in its sole discretion, and may be used for production and placement of point of purchase advertising, in-store signage, in-store promotions, media advertising, direct mailings, brochures, collateral material advertising, surveys of advertising effectiveness, packaging development, logo, design or other advertising or public relations expenditures relating to advertising the Franchisee’s products 's services and servicesproducts. e. (e) The Franchisor may reimburse itself for independent audits, reasonable accounting, bookkeeping, reporting and legal expenses, taxes and other reasonable direct and indirect expenses as may be incurred by the Franchisor or its authorized representatives in connection with the programs funded by the Marketing and Promotion Fees. The Franchisor will not be liable for any act or omission with respect to such Marketing and Promotion Fees that which is consistent with this Agreement and is done in good faith.

Marketing and Promotion Fee. The Franchisee shall pay to the Franchisor, in addition to Royalties, a fee of 1% of the total amount of the Franchisee’s 's Gross Retail Sales (“Marketing and Promotion Fee”"MARKETING AND PROMOTION FEE"). The Marketing and Promotion Fee shall be in addition to and not in lieu of the Franchisee’s 's expenditures for local advertising, as described in Section 12.2 above. The following terms and conditions will apply: a. The Marketing and Promotion Fee shall be payable concurrently with the payment of the Royalties, and transmitted to the Franchisor in accordance with Section 11.3 above, for all Marketing and Promotion Fees based on Gross Retail Sales for the immediately preceding month. b. The Marketing and Promotion Fees will be subject to the same late charges as the Royalties, in an amount and manner set forth in Section 11.3 above. c. Upon written request by the Franchisee, the Franchisor will make available to the Franchisee, no later than 120 days after the end of each fiscal year, an annual financial statement which indicates how the Marketing and Promotion Fees have been spent. d. The Marketing and Promotion Fees will be administered by the Franchisor, in its sole discretion, and may be used for production and placement of point of purchase advertising, in-store signage, in-store promotions, media advertising, direct mailings, brochures, collateral material advertising, surveys of advertising effectiveness, packaging development, logo, logo design or other advertising or public relations expenditures relating to advertising the Franchisee’s 's products and services. e. The Franchisor may reimburse itself for independent audits, reasonable accounting, bookkeeping, reporting and legal expenses, taxes and other reasonable direct and indirect expenses as may be incurred by the Franchisor or its authorized representatives in connection with the programs funded by the Marketing and Promotion Fees. The Franchisor will not be liable for any act or omission with respect to such Marketing and Promotion Fees that which is consistent with this Agreement and is done in good faith.

Marketing and Promotion Fee. The Franchisee shall pay to the Franchisor, in addition to Royalties, a fee of 1% of the total amount of the Franchisee’s Gross Retail Sales (“Marketing and Promotion Fee”). The Marketing and Promotion Fee shall be in addition to and not in lieu of the Franchisee’s expenditures for local advertising, as described in Section 12.2 above. The following terms and conditions will apply: a. The Marketing and Promotion Fee shall be payable concurrently with the payment of the Royalties, and transmitted to the Franchisor in accordance with Section 11.3 above, for all Marketing and Promotion Fees for the immediately preceding month. b. The Marketing and Promotion Fees will be subject to the same late charges as the Royalties, in an amount and manner set forth in Section 11.3 above. c. Upon written request by the Franchisee, the Franchisor will make available to the Franchisee, no later than 120 days after the end of each fiscal year, an annual financial statement which indicates how the Marketing and Promotion Fees have been spent. d. The Marketing and Promotion Fees will be administered by the Franchisor, in its sole discretion, and may be used for production and placement of point of purchase advertising, in-store signage, in-store promotions, media advertising, direct mailings, brochures, collateral material advertising, implementing and administering gift card and customer loyalty card programs, surveys of advertising effectiveness, packaging development, logo, design or other advertising or public relations expenditures relating to advertising the Franchisee’s products and services. e. The Franchisor may reimburse itself for independent audits, reasonable accounting, bookkeeping, reporting and legal expenses, taxes and other reasonable direct and indirect expenses as may be incurred by the Franchisor or its authorized representatives in connection with the programs funded by the Marketing and Promotion Fees. The Franchisor will not be liable for any act or omission with respect to such Marketing and Promotion Fees that is consistent with this Agreement and is done in good faith.

Marketing and Promotion Fee. The Franchisee shall agrees to pay to the Franchisor, in addition to Royalties, a Marketing and Promotion fee ("MARKETING AND PROMOTION FEE") of 1% of the total amount of the Franchisee’s 's Gross Retail Sales (“Marketing and Promotion Fee”)Sales. The Marketing and Promotion Fee shall be in addition to and not in lieu of the Franchisee’s expenditures for local advertising, as described in Section 12.2 above's Local Advertising Fee. The following terms and conditions will applyapply to the Marketing and Promotion Fee payment: a. (A) The Marketing and Promotion Fee shall be payable weekly, concurrently with the payment of the Royalties, and transmitted to based on Gross Sales (as defined in Section 5.2) for the Franchisor in accordance with Section 11.3 above, immediately preceding reporting period. Franchisee shall execute an Authorization Agreement for all preauthorized payment of Marketing and Promotion Fees for by electronic transfer of funds from Franchisee's bank account to the immediately preceding monthbank account designated by Franchisor. Any Marketing and Promotion Fee collected by Franchisor will be deposited by Franchisor in one or more separate accounts (referred collectively as the "FUND"), all designated as "QUIZNO'S MARKETING AND PROMOTION FUND. b. " The Marketing and Promotion Fees will be subject to the same late charges as the Royalties, in an amount and manner set forth in Section 11.3 above. c. . Upon written request by the Franchisee, the Franchisor will make available to the Franchisee, no later than 120 days after the end of each fiscal calendar year, an annual financial statement for the Fund which indicates how deposits to the Marketing and Promotion Fees Fund have been spent. d. (B) The Marketing and Promotion Fees Fund will be administered adminis-tered by the Franchisor, in its sole discretion, and may be used for production and placement of point of purchase media advertising, in-store signage, in-store promotions, media advertisingdirect response literature, direct mailings, brochures, collateral material advertising, surveys of advertising effectiveness, packaging development, logo, design or other advertising or public relations expenditures relating to advertising the Franchisee’s 's services and products and providing professional services. e. The , materials and personnel to support the marketing function. Franchisor may reimburse itself for administrative costs, independent audits, reasonable accounting, bookkeeping, reporting and legal expenses, taxes and other reasonable direct and indirect expenses as may be incurred by the Franchisor or its authorized representatives representa-tives in connection with the programs funded by the Marketing and Promotion FeesFund. The Franchisor will not be liable for any act or omission with respect to such Marketing and Promotion Fees Fund that is consistent with this Agreement and is done in good faith. Franchisor may spend in any fiscal year an amount greater or less than the aggregate contribution of all Restaurants to the Fund in that year, and the Fund may borrow from Franchisor or others to cover deficits or to invest in any surplus for future use. All interest earned on monies contributed to the Fund will be used to pay advertising costs before other assets of the Fund are expended. Franchisor may cause the Fund to be incorporated or operated through a separate entity, at such time as Franchisor deems appropriate, and such successor entity, if established, will have all rights and duties of Franchisor with respect to the Fund as specified in this Section. Franchisor undertakes no obligation to ensure that the Fund benefits each Restaurant in proportion to its respective contributions. The Fund's primary purpose is to support sales by the entire QUIZNO'S System and to build brand identity.

Marketing and Promotion Fee. The Franchisee shall pay contribute to a marketing fund established by the Franchisor, in addition to RoyaltiesFranchisor (“Marketing Fund”), a fee of 1up to 2% of the total amount of the Franchisee’s Gross Retail Sales (“Marketing and Promotion Fee”). The Franchisor may change the amount of the Marketing and Promotion Fee upon 30 days notice, but the amount will not exceed 2% of Gross Retail Sales. The Marketing and Promotion Fee shall be in addition to and not in lieu of the Franchisee’s expenditures for local advertising, as described in Section 12.2 above. The following terms and conditions will apply: a. The Marketing and Promotion Fee shall be payable concurrently with the payment of the Royalties, and transmitted to the Franchisor in accordance with Section Sections 11.3 and 11.4 above, for all Marketing and Promotion Fees for the immediately preceding month. b. The Marketing and Promotion Fees will be subject to the same late charges as the Royalties, in an amount and manner set forth in Section Sections 11.3 and 11.4 above. c. Upon written request by the Franchisee, the Franchisor will make available to the Franchisee, no later than 120 days after the end of each fiscal year, an annual financial statement which indicates how the money in the Marketing and Promotion Fees have Fund has been spent. d. The Marketing and Promotion Fees Fund will be administered by the Franchisor, in its sole discretion, and may be used for production and placement of point of purchase advertising, in-store signage, in-store promotions, media advertising, direct mailings, brochures, collateral material advertising, Electronic Advertising, such as websites, blogs and social media, including Facebook and Twitter, communication by electronic mail, implementing and administering gift card, stored value card and customer loyalty programs, surveys of advertising effectiveness, packaging development, logo, design or other advertising or public relations expenditures relating to advertising the Franchisee’s products and services. e. The Franchisor may reimburse itself for independent audits, reasonable accounting, bookkeeping, reporting and legal expenses, taxes and other reasonable direct and indirect expenses as may be incurred by the Franchisor or its authorized representatives in connection with the programs funded by the Marketing and Promotion FeesFund. The Franchisor will not be liable for any act or omission with respect to such the Marketing and Promotion Fees Fund that is consistent with this Agreement and is done in good faith.. The Franchisor reserves the right to terminate the Marketing Fund upon 30 days’ prior written notice to all franchisees and any remaining monies will be distributed pro rata based on all Stores’ contributions within the preceding 12 months

Marketing and Promotion Fee. The Franchisor reserves the right to require the Franchisee shall to pay to the Franchisor, in addition to Royalties, a fee of 1% up to one percent of the total amount of the Franchisee’s 's Gross Retail Sales Sales. (“"Marketing and Promotion Fee”"). The If required, the Marketing and Promotion Fee shall be in addition to and not in lieu of the Franchisee’s 's expenditures for local advertising, as described in Section 12.2 above. The following terms and conditions will apply: a. (a) The Marketing and Promotion Fee shall be payable concurrently with the payment of the Royalties, and transmitted mailed to the Franchisor in accordance with Section 11.3 aboveFranchisor, postmarked no later than the 15th day of each month, for all Marketing and Promotion Fees based on Gross Retail Sales for the immediately preceding month. b. (b) The Marketing and Promotion Fees will be subject to the same late charges as the Royalties, in an amount and manner set forth in Section 11.3 12.3 above. c. (c) Upon written request by the Franchisee, the Franchisor will make available to the Franchisee, no later than 120 days after the end of each fiscal year, an annual financial statement which indicates how the Marketing and Promotion Fees have been spent. d. (d) The Marketing and Promotion Fees Fees, will be administered by the Franchisor, in its sole discretion, and may be used for production and placement of point of purchase advertising, in-store signage, in-store promotions, media advertising, direct mailings, brochures, collateral material advertising, surveys of advertising effectiveness, packaging development, logo, design or other advertising or public relations expenditures relating to advertising the Franchisee’s products 's services and servicesproducts. e. (e) The Franchisor may reimburse itself for independent audits, reasonable accounting, bookkeeping, reporting and legal expenses, taxes and other reasonable direct and indirect expenses as may be incurred by the Franchisor or its authorized representatives in connection with the programs funded by the Marketing and Promotion Fees. The Franchisor will not be liable for any act or omission with respect to such Marketing and Promotion Fees that which is consistent with this Agreement and is done in good faith.