National Advertising Program Clause Samples

National Advertising Program. Big O has established a National Advertising Program which Big O, in its sole discretion, may decide to terminate or suspend at any time. If Big O does terminate or suspend the National Advertising Program, Big O, in its sole discretion, may re-establish it at any time. Big O shall notify Franchisee as to the manner in which it shall function and the amount of contribution required of Franchisee. (a) Not later than the Due Date, Big O or its designee must have received from Franchisee such amount as Big O shall designate, but not more than one percent (1%) of its previous month's Gross Sales, as a contribution to the National Advertising Program which shall be maintained or approved by Big O for Big O system-wide advertising efforts. Big O shall limit any increase in Franchisee's contribution to the National Advertising Program from any amount then currently being charged to one-tenth of one percent (0.1%) in any twelve (12) consecutive month period and an additional one- tenth of one percent (0.1%) for each twelve (12) consecutive months thereafter until the one percent (1%) limitation is reached. Such incremental increases shall not be cumulative so that if Big O fails to adopt an additional incremental increase after any twelve (12) consecutive month period, the next one-tenth of one percent (0.1%) incremental increase will not accrue until actually adopted by Big O and shall constitute the maximum for the next consecutive twelve (12) months; provided, however, in the event Big O shall determine, in its sole judgment and discretion, that a special advertising circumstance or opportunity is available to Big O and/or its franchisees, Big O may propose to the Dealer Planning Board a greater increase during any consecutive twelve (12) month period (up to one percent (1%) limit), and if a majority of the members of the Dealer Planning Board agree to such increase, it shall be implemented by Big O, not withstanding Big O's limitation as to the phasing in of any increases. (b) Big O shall, following consultation with the Dealer Planning Board, direct all system-wide advertising efforts, which is provided through the National Advertising Program with sole discretion over the concepts, materials, and media used therein. All National Advertising Program contributions paid by Franchisee and other similarly situated Big O System franchisees to Big O shall be part of the National Advertising Program. (c) Franchisee understands and acknowledges that the National Adve...