Advertising Fund Sample Clauses

Advertising Fund. You must pay to us an Advertising Fee as set forth in subparagraph 9.C. All Advertising Fees will be placed in an Advertising Fund that we own and manage. On behalf of our company and affiliate owned restaurants (except for “Special Sites”), we will pay the same Advertising Fee as similarly situated franchised restaurants (based on age and type of location) in the same local marketing area. The Advertising Fund is not a trust or escrow account, and we have no fiduciary obligation to franchisees with respect to the Advertising Fund; provided, however, we will make a good faith effort to expend such fees in a manner that we determine is in the general best interests of the System. We have the right to determine the expenditures of the amounts collected and the methods of marketing, advertising, media employed and contents, terms and conditions of marketing campaigns and promotional programs. Because of the methods used, we are not required to spend a prorated amount on each restaurant or in each advertising market. We have the right to make disbursements from the Advertising Fund for expenses incurred in connection with the cost of formulating, developing and implementing marketing, advertising and promotional campaigns. The disbursements may include payments to us for the expense of administering the Advertising Fund, including accounting expenses and salaries and benefits paid to our employees engaged in the advertising functions. If requested, we will provide you an annual unaudited statement of the financial condition of the Advertising Fund.

Advertising Fund. (a) Master Franchisee will pay, and will ensure that each Franchisee in the Territory will pay, a monthly advertising contribution (the “Advertising Contributions”) into an account to be owned and maintained (until, if ever, such rights are terminated pursuant to clause 11.7 or upon the occurrence of an MDA Termination Event) by Master Franchisee (the “Ad Fund Account”). The Advertising Fund is made up of the Advertising Contributions deposited by Master Franchisee pursuant to the Company Franchise Agreement, and Franchisees pursuant to their respective Franchise Agreements, plus any interest earned on such amounts. Master Franchisee will at all times keep the Ad Fund Account separate from and not commingle the Ad Fund Account with any other bank accounts. Master Franchisee will not utilize such Ad Fund Account for any other purpose or in any other manner other than the purposes and manner stipulated in this Agreement and in the Company Franchise Agreement. Master Franchisee acknowledges that PLK has no obligation to contribute to the Advertising Fund or to make any payment if there are insufficient funds in the Ad Fund Account to satisfy Advertising Fund expenditures, and Master Franchisee will be responsible for managing the Advertising Fund to ensure that it is able to discharge all of its liabilities, obligations and commitments. CERTAIN PORTIONS OF THE EXHIBIT THAT ARE NOT MATERIAL AND IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL HAVE BEEN REDACTED PURSUANT TO ITEM 601(b)(10)(iv) OF REGULATION S-K. [****] INDICATES THAT INFORMATION HAS BEEN REDACTED. (b) Notwithstanding the foregoing, Master Franchisee may delegate to an Approved Subsidiary the rights and obligations under this clause 11 with respect to the management of the Advertising Fund to be established in Mainland China; provided, however, that (a) Master Franchisee will provide prior written notice to PLK of any such delegation to an Approved Subsidiary; (b) such arrangement complies with the relevant Franchise Agreements and the applicable Law in Mainland China; (c) Master Franchisee will provide PLK with an undertaking signed by such Approved Subsidiary in favour of PLK, pursuant to which such Approved Subsidiary agrees to comply with the terms and conditions of this clause 11 in all respects; and (d) no such delegation will relieve Master Franchisee from liability for its obligations hereunder.

Advertising Fund. The OAdvertising FundO is the fund established in accordance with SectionE7.1, into which PHI, Franchisee, and other domestic franchisees of PHI (subject to the terms of SectionE7. 1) make payments for national advertising, and which PHI or its designee will spend in accordance with SectionE7.1.

Advertising Fund. In addition to all other amounts required to be paid hereunder, during the term hereof, in the event that Licensor establishes an Advertising Development and Research Fund (the “Advertising Fund”), Licensee must pay to Licensor, or such other entity designated by Licensor, an amount based upon Gross Sales to be determined by Licensor on or before November 1st of each year with respect to the following calendar year, provided such amount shall not exceed two percent (2%) of Gross Sales (the “Advertising Fee”), which amount shall be used by the Advertising Fund. The Advertising Fee shall be the same for all Bad Daddy’s Restaurant franchisees and licensees. Payment of the Advertising Fee shall be made on each Wednesday based upon Gross Sales of the Restaurant for the prior week. The Advertising Fee will be expended for the benefit of Licensor, Licensee and all other licensees, franchisees or users of the Bad Daddy’s System for the production or purchase of such radio, television, print and/or other advertising materials or services as Licensor deems necessary or appropriate, in its sole discretion, on a national, regional or local basis. The expenditure of such funds for advertising is to be under the control of, and in the discretion of, Licensor, at all times, or such other entities designated by Licensor. Licensee understands and acknowledges that the Advertising Fund is intended to maximize and support general public recognition, brand identity, sales and patronage of Bad Daddy’s Restaurants for the benefit of all Bad Daddy’s Restaurants, and Licensor undertakes no obligation to ensure that the Advertising Fund benefits each Bad Daddy’s Restaurant in proportion to its respective contributions. Licensor agrees that all funds contributed to the Advertising Fund may be used to meet any and all costs (including, without limitation, reasonable salaries and overhead incurred by Licensor) of maintaining, administering, directing and preparing national, regional or local advertising materials, programs and public relations activities including, without limitation, the costs of preparing and conducting television, radio, magazine, billboard and newspaper advertisements, direct response literature, direct mailings, brochures, collateral advertising material, implementing websites for Licensor and/or its licensees and/or franchisees, surveys of advertising effectiveness and other media programs and activities, employing advertising agencies to assist therewith and p...

Advertising Fund. In addition to all other amounts required to be paid hereunder, during the term hereof, Franchisee must pay to Franchisor, or such other entity designated by Franchisor, an amount based upon Gross Sales to be designated by Franchisor from time to time, in its sole discretion, provided such amount shall not exceed 2% of Gross Sales (the "Advertising Fee"), which amount shall be used by the Advertising Fund (as such term is hereinafter defined). The Advertising Fee shall be the same for all Mama Fu's franchisees. Payment of the Advertising Fee shall be made on or before Tuesday of each week and be based upon Gross Sales of the Restaurant for the preceding week. Advertising Fees shall be paid concurrently with the payment of the Royalty Fees. The Advertising Fee will be expended for the benefit of Franchisor, Franchisee and all other franchisees or users of the Mama Fu's System for the production or purchase of such radio, television, print and/or other advertising materials or services as Franchisor deems necessary or appropriate, in its sole discretion, on a national, regional or local basis (the "Advertising Fund"). The expenditure of such funds for advertising is to be under the control of, and in the discretion of, Franchisor at all times, or such other entities designated by Franchisor. Franchisee understands and acknowledges that the Advertising Fund is intended to maximize and support general public recognition, brand identity, sales and patronage of Mama Fu's Restaurants for the benefit of all Mama Fu's Restaurants and that Franchisor undertakes no obligation to ensure that the Advertising Fund benefits each Mama Fu's Restaurant in proportion to its respective contributions. Franchisor agrees that all funds contributed to the Advertising Fund may be used to meet any and all costs (including, without limitation, reasonable salaries and overhead incurred by Franchisor) of maintaining, administering, directing and preparing national, regional or local advertising materials, programs and public relations activities including, without limitation, the costs of preparing and conducting television, radio, magazine, billboard, MF/FA/CORPM 083047.1/0305 12 newspaper, direct response literature, direct mailings, brochures, collateral advertising material, implementing websites for Franchisor and/or its franchises, surveys of advertising effectiveness and other media programs and activities, employing advertising agencies to assist therewith and providing promot...

Advertising Fund. (a) When in Franchisor’s opinion there are sufficient franchised Lululemon Athletica locations in operation. Franchisor shall have the right upon six (6) months’ written notice to institute an advertising fund. The Franchisor agrees that all Franchisees and all corporate owned retail locations and affiliate owned retail locations shall make contributions to the advertising fund at the same percentage of Gross Sales and at the same time as applicable to the Franchisee under this Agreement. (b) In addition to all other payments required to be made by Franchisee to Franchiser hereunder. Franchisee agrees to contribute to the advertising fund by paying to Franchisor monthly, by the fifteenth (15th) day of each month following the month in which such Gross Sales were made, an amount equal to one percent (1 %) of all Gross Sales made at or from the Approved Retail Locations outlined in schedule “B” during the preceding month. (c) All Lululemon Athletica locations operated by Franchisor or its affiliates shall contribute to the advertising fund in the same manner as the franchisees. (d) The advertising fund shall be administered and allocated by Franchisor in its discretion and spent or reserved for expenditure exclusively on any and all aspects of advertising, marketing, promotion and public relations relating to the Lululemon Athletica system in such media, including the Internet, and in such geographic areas, regionally, nationally or internationally, as Franchisor shall determine in its discretion from time to time. (e) Franchisor agrees to advise its franchisees from time to time of its proposed advertising program to be paid for out of the advertising fund, and to seek the input of the franchisees in respect thereof, through a representative elected on a yearly basis by the franchisees as a group. Franchisee acknowledges that although Franchisor agrees to advise Franchisee and seek its input, all decisions regarding the advertising fund remain in the discretion of Franchisor as outlined above.

Advertising Fund. Pursuant to their respective Franchise Agreements, each Franchisee in the Territory must pay a monthly advertising contribution (the “Advertising Contributions”) into an account designated by Master Franchisee (the “Ad Fund Account”), to be maintained by Master Franchisee. The Advertising Fund is made up of the Advertising Contributions deposited by Franchisees pursuant to their respective Franchise Agreements and Advertising Contributions due from the PRC Companies (and their Affiliates, if applicable) pursuant to the PRC Company Franchise Agreement, plus any interest earned on such amounts. Master Franchisee will at all times keep the Ad Fund Account separate and not commingle the Ad Fund Account with any other bank accounts. Master Franchisee acknowledges that BKAP has no obligation to contribute to the Advertising Fund or to make any payment if there are insufficient funds in the Ad Fund Account to satisfy Advertising Fund expenditures, and Master Franchisee will be responsible for managing the Advertising Fund to ensure that it is able to discharge all of its liabilities, obligations and commitments.

Advertising Fund. ​ (a) Master Franchisee will pay, and will ensure that each Franchisee in the Territory will pay, a monthly advertising contribution (the “Advertising Contributions”) into an account to be owned and maintained (until, if ever, such rights are terminated pursuant to clause

Advertising Fund i. Schedule 6.w.i. attached hereto and made a part hereof, contains a ----------------- correct and complete list of all assets and all liabilities and accounts payable of the Advertising Funds as of November 30, 1997, including without limitation all accounts (the "Ad Fund Accounts") in which funds have been deposited as of the date of this Agreement. All assets of the Advertising Funds are, as of the date of this Agreement, and shall be, as of the Closing Date, deposited in the Ad Fund Accounts. No monies, other than Franchisees' or Licensees', if applicable, contributions to the Advertising Funds and supplier rebates, marketing and advertising allowances have been deposited in the Ad Fund Accounts. ii. All contributions to the Advertising Funds made by Franchisees or Licensees, Suppliers or any other person or entity have been deposited in the Ad Fund Accounts and used solely for purposes of marketing and advertising Cafes on behalf, and for the benefit, of all of the appropriate Franchisees or Licensees. iii. Neither SCC nor any Subsidiary has possession of or control over any other funds contributed by Franchisees or Licensees, Suppliers or any other person or entity for advertising purposes (national or regional), except the funds in the Ad Fund Accounts. Neither SCC nor any Subsidiary has collected or is currently holding any fees designated for use in any advertising program whether related to the Advertising Funds or otherwise. iv. Each Franchisor has operated and administered the Advertising Funds in compliance with laws, rules and regulations applicable thereto and in accordance with its fiduciary and legal responsibilities established in any governing documents of the Advertising Funds and in any other agreements or understandings entered into with franchisees, suppliers, vendors or others in connection therewith. As of the date hereof the Advertising Funds have no material liabilities or obligations of any nature, whether accrued, absolute, contingent or otherwise, including without limitation tax liabilities. There exists no basis for the assertion against the Advertising Funds, as of the date hereof or as of the Closing Date, of any material liability of any nature or in any amount.