Local Advertising. The Franchisor reserves the right to require the Franchisee to spend up to 1% of monthly Gross Retail Sales on local advertising to create public awareness of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The Franchisee will submit to the Franchisor an accounting of the amounts spent on advertising within 30 days following the end of each calendar quarter. If the Franchisor requires its franchisees to advertise locally as described above, all Franchisor-owned Stores will be required to spend money for local advertising on an equal percentage basis with all franchised Stores. If the Franchisee’s lease requires it to advertise locally, the Franchisor may, in its sole discretion, count such expenditures toward the Franchisee’s local advertising expenditure required by this Section 12.2. The Franchisee shall obtain the Franchisor’s prior written approval of all written advertising and promotional materials before publication, in accordance with Section 12.1 above.
Local Advertising. Franchisee will undertake local advertising, marketing, promotional, sales and public relations programs and activities for the Hotel, including preparing and using any Marketing Materials, in accordance with the Standards.
Local Advertising. Franchisee agrees to spend not less than three percent (3%) of the total amount of its Gross Sales each calendar quarter for local advertising ("Local Advertising Fee"). Franchisor may request that Franchisee prepare and submit a quarterly report to Franchisor which accounts for the use of the Local Advertising Fee no later than ten
Local Advertising. Franchisee agrees that, in addition to the payment of the Advertising Fee and any amounts required under Section 11.1 hereof, it will spend a reasonable amount each calendar quarter for local market advertising but in no event less than 2% of Gross Sales per calendar quarter. The amount of advertising funds expended by Franchisee for individual local market advertising shall be determined by Franchisee, subject to the foregoing minimum requirement. Local advertising expenditures shall not include incentive programs, including, without limitation, costs of honoring coupons, food costs incurred in honoring sales promotions, salaries, contributions, donations, press parties, in-store fixtures or equipment, menus, serving guides and nutritional facts, yellow page advertising and exterior or interior signage. If Franchisee fails to make advertising expenditures in accordance with this Section, Franchisor shall have the right to spend an amount not to exceed 2% of the Gross Sales of the MF/FA/CORPU083047.1/0305 13 Restaurant on local advertising on behalf of Franchisee, and Franchisee must reimburse Franchisor for such expenses. Failure to comply with this Section shall be deemed a material breach of this Agreement. 11.4
Local Advertising. Franchisee will spend a minimum of 1.5% of its monthly Gross Revenue on local advertising and promotion, in addition to payment of the National Advertising Fee required above. Franchisor shall have the right to approve or disapprove any advertising proposed for use by Franchisee. Franchisee will spend at least $3,000 for an express model and $6,000 for a standard model on "grand opening" marketing and promotion within 3 months of opening. You are required to report a detailed account of all in-store and local marketing, including associated costs, on a Quarterly basis using our approved form. The Franchisee agrees to create a local advertising and marketing plan by which Franchisee shall place local advertising in any media it desires, provided that such advertising conforms to the standards and requirements of Franchisor as set forth in our Operations Manual or otherwise designated by Franchisor. Examples of such local advertising may include flyers, team sponsorships, cross promotions with other retailers, cash register tape advertising, etc. Franchisee shall not advertise the Restaurant in connection with any other business, except with Franchisor's prior written approval. Franchisee shall obtain Franchisor's prior approval of all unapproved advertising and promotional plans and materials that Franchisee desires to use 30 days before the start of any such plans. Franchisee shall submit such unapproved plans and materials to Franchisor (by personal delivery or through the mail, return receipt requested). Franchisee shall not use such plans or materials until they have been approved by Franchisor and shall promptly discontinue use of any advertising or promotional plans and material upon the request of Franchisor. Any plans or materials submitted by Franchisee to Franchisor, which have not been approved or disapproved in writing, within 30 days of receipt, by Franchisor, shall be deemed not approved. Costs and expenditures incurred by the Franchisee in connection with any of the following shall not be included in Franchisee’s expenditure on Local Advertising for purposes of this Section, unless approved by in advance by the Franchisor in writing:
Local Advertising. At its expense, Franchise Owner agrees to conduct on an annual basis continuing local advertising in form, content and media approved by Franchisor, in an amount equal to three percent (3%) of Gross Revenues. Franchise Owner shall submit evidence of any such expenditures to Franchisor on an annual basis not later than sixty (60) days after the close of each fiscal year for the preceding fiscal year. In the event that Franchise Owner shall fail to expend such sums on local advertising during any fiscal year, the difference between the amount expended and the amount required to be expended shall be paid to Franchisor, in addition to other amounts payable pursuant to this Agreement.
Local Advertising. You must spend for local advertising, marketing or promotional programs or activities such percentage of your Net Sales as will enable you to meet the minimum total spending requirement set forth in Section 8.(a)(i)(C). You must submit verification of your local advertising expenditures at such times and in such form as we request from time to time.
Local Advertising. We will provide you advice on Local Advertising.
Local Advertising. (a) You must spend during each month during the Term, beginning on the Opening Date, at least 3% of monthly Gross Revenues for Local Advertising. You must submit to us, not later than October 31 of each year, a local store marketing plan for the following year. We will approve, disapprove, or provide comments and suggestions to the marketing plan within 30 days of receipt. You will implement any changes to the proposed marketing plan requested by us.
Local Advertising. In addition to payment of the National Advertising Production Fees required by Article 6.1 above, for the first (1st) through the thirty-fourth (34th) weeks of the FRANCHISEE'S operation of its City Looks business, the FRANCHISEE must spend an amount equal to at least four percent (4%) of its Gross Revenues for approved local media advertising and promotion. For the thirty-fifth (35th) and each subsequent week of the FRANCHISEE'S operation of its City Looks Business for the balance of the remaining term of this Agreement, the Franchisee must spend an amount equal to three percent (3%) of its Gross Revenues for approved local media advertising and promotion. All local media advertising and promotions conducted by the FRANCHISEE must conform to CITY LOOKS' standards for media advertising and promotions. On or before March 31 and September 30 of each year throughout the term of this Agreement, the FRANCHISEE will furnish to CITY LOOKS, in the form prescribed by CITY LOOKS, an accurate accounting of the FRANCHISEE'S expenditures for approved local media advertising and promotion. If the FRANCHISEE has failed to spend the required percentage of its Gross Revenues for approved local media advertising and promotion as required under this Article, then the FRANCHISEE will be required to deposit with CITY LOOKS the difference between the required percentage of its Gross Revenues and what it actually spent for such advertising, and this amount will be spent by CITY LOOKS in the FRANCHISEE'S area for any type of advertising or promotion that CITY LOOKS deems to be in the best interests of the FRANCHISEE'S business.
