Regional Advertising Programs. Although not obligated to do so, the Franchisor reserves the right to allocate up to 50% of the Marketing and Promotion Fees as may be collected in accordance with Section 12.3 above toward a regional advertising program for the benefit of ROCKY MOUNTAIN CHOCOLATE FACTORY franchisees located within a particular region. The Franchisor has the right, in its sole discretion, to determine the composition of all geographic territories and market areas for the implementation of such regional advertising and promotion campaigns and to require that the Franchisee participate in such regional advertising programs as and when they may be established by the Franchisor. If a regional advertising program is implemented on behalf of a particular region by the Franchisor, the Franchisor, to the extent reasonably calculable, will only use contributions from ROCKY MOUNTAIN CHOCOLATE FACTORY franchisees within such region for the particular regional advertising program. The Franchisor also reserves the right to establish a co-operative for a particular region to enable the co-operative to self-administer the regional advertising program. If a regional advertising co-operative is established by the Franchisor, the Franchisee agrees that it will participate in it. If the Franchisor creates a regional advertising program, either as a co-operative or otherwise, the Franchisor has the right to charge the program for the actual costs of forming and administering the program.
Regional Advertising Programs. Although not obligated to do so, Franchisor or its designees (which may be one or more of Franchisor’s affiliates) may create a regional advertising program ("Regional Advertising") for the benefit of the Restaurants located within a particular region. Franchisor has the right to (i) allocate any portion of the Marketing and Promotion Fund to the Regional Advertising program; and (ii) collect and designate all or a portion of the Local Advertising Fee for a Regional Advertising program. If a Regional Advertising program is established, Franchisor may increase the Local Advertising Fee by one percent (1%); provided that in no event shall Franchisee be required to spend more than a total of five percent (5%) of its Gross Sales, in the aggregate, for the Local Advertising Fee, Regional Advertising, and Marketing and Promotion Fee contributions, including Yellow Pages advertising. Franchisor and its designees have the right to determine the composition of all geographic territories and market areas for the implementation of Regional Advertising and promotion campaigns and to require that Franchisee participate in such Regional Advertising programs as and when established. The fees designated to the Regional Advertising programs may be used to pay regional, multi-regional or national marketing expenses, including, but not limited to, administrative costs of Franchisor and/or its designees (including its affiliates) incurred in maintaining and administering the Regional Advertising programs. Franchisor and its designees also reserve all other rights with respect to the use of Regional Advertising fees, and the conduct of Regional Advertising programs, as those retained in Section 12.3 above with respect to the Marketing and Promotion Fund. Franchisor and its designees may at any time, upon thirty (30) days' prior written notice to Franchisee, suspend a Regional Advertising program for one (1) or more periods of any length and terminate (and, if terminated, reinstate) the Regional Advertising program.
Regional Advertising Programs. The Franchisor reserves the right, upon 30 days prior written notice to the Franchisee, to create a regional advertising association ("Association") for the benefit of PAK MAIL franchisees located within a particular geographic area. If an Association is established for the area where the Franchisee is located, the Franchisee will be required to participate in the Association for the purpose of selecting and participating in regional marketing and promotion programs for PAK MAIL Centers. The Franchisor, in its sole discretion, may contribute up to one-half of the Advertising Fund payments received by the Franchisor from franchisees in the Association for such marketing and advertising programs. The Franchisee will be required to remain a member of and be bound by the decisions of the majority of the members of the Association regarding expenditures, assessments and dues of the Association, to the extent that they are approved by the Franchisor. Each Association has the right, by majority vote, to require its members to pay additional monthly dues to the Association. The failure of the Franchisee to participate in the Association or pay any dues required by the Association, may, at the option of the Franchisor, be deemed to be a breach of this Agreement. The Franchisor has the right, in its sole discretion, to form and terminate all Associations and to determine the composition of all geographic territories and market areas for the implementation of such regional advertising and promotion campaigns and to require that the Franchisee participate in such regional advertising programs as and when they may be established by the Franchisor. If a regional advertising program is implemented on behalf of a particular region by the Franchisor, the Franchisor, to the extent reasonably calculable, will only use contributions from PAK MAIL franchisees within such region for the particular regional advertising program. The Franchisor also reserves the right to establish an Association in the form of a cooperative for a particular region and enable the cooperative Association to self-administer the regional advertising program.
Regional Advertising Programs. Although not obligated to do so, the Franchisor reserves the right to allocate all or a portion of the Marketing and Promotion Fees as may be collected in accordance with Section 12.3 above toward a regional advertising program for the benefit of FUZZIWIG'S-TM- CANDY FACTORY franchisees located within a particular region. The Franchisor has the right, in its sole discretion, to determine the composition of all geographic territories and market areas for the implementation of such regional advertising and promotion campaigns and to require that the Franchisee participate in such regional advertising programs as and when they may be established by the Franchisor. If a regional advertising program is implemented on behalf of a particular region by the Franchisor, the Franchisor, to the extent reasonably calculable, will only use contributions from FUZZIWIG'S-TM- CANDY FACTORY franchisees within such region for the particular regional advertising program. The Franchisor also reserves the right to establish an advertising cooperative for a particular region to enable the cooperative to self-administer the regional advertising program. If a regional advertising cooperative is established by the Franchisor, the Franchisee agrees that it will participate in the same.
Regional Advertising Programs. Although not obligated to do so, Franchisor may create a regional advertising program ("REGIONAL ADVERTISING") for the benefit of the Restaurants located within a particular region. Franchisor has the right to (i) allocate any portion of the Marketing and Promotion Fund to the Regional Advertising program; and (ii) collect and designate all or a portion of the Local Advertising Fee to a Regional Advertising program. If a Regional Advertising program is established, Franchisor may increase the Local Advertising Fee by 1%; provided that in no event shall Franchisee be required to spend more than a total of 5% of its Gross Sales, in the aggregate, for Local Advertising Fee, Regional Advertising and Marketing and Promotion Fee contributions, inclusive of Yellow Pages advertising. Franchisor has the right, in its sole discretion, to determine the composition of all geographic territories and market areas for the implementation of Regional Advertising and promotion campaigns and to require that Franchisee participate in such Regional Advertising programs as and when they may be established by Franchisor. If a Regional Advertising program is implemented on behalf of a particular region. Franchisor reserves the right to establish an advertising cooperative for a particular region to enable the cooperative to self-administer the Regional Advertising program, and Franchisee agrees to participate in such cooperative.
Regional Advertising Programs. Although not obligated to do so, the Franchisor reserves the right to allocate all or a portion of the Advertising Fees as may be collected in accordance with Section 10.2 above toward a regional advertising program for the benefit of COMMWORLD franchisees located within a particular region. The Franchisor has the right, in its sole discretion, to determine the composition of all geographic territories and market areas for the implementation of such regional advertising and promotion campaigns and to require that the Franchisee participate in such regional advertising programs and campaigns as and when they may be established by the Franchisor. If a regional advertising program is implemented on behalf of a particular region by the Franchisor, the Franchisor, to the extent reasonably calculable, will only use contributions from COMMWORLD franchisees within such region for the particular regional advertising program. The Franchisor also reserves the right to establish an advertising cooperative for a particular region to enable the cooperative to self-administer the regional advertising program. If a regional advertising cooperative is established by the Franchisor, the Franchisee agrees that it will participate in the same.
Regional Advertising Programs. The following is added at the end of Section 12.5: Notwithstanding the provisions of Section 12.5, Franchisee will not be required to contribute any funds to a Regional Advertising program or to participate in either a Regional Advertising program or a Regional Advertising cooperative.
