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) 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.
Advertising Fund. In addition to the National Advertising Production Fees required under Article 4.6 of this Agreement, CITY LOOKS reserves the right, in its sole discretion, to require the FRANCHISEE to contribute a maximum of three percent (3%) of the FRANCHISEE'S Gross Revenues of each of its City Looks businesses opened pursuant to this Agreement into an advertising fund which will be administered and controlled by CITY LOOKS. The requirement for the FRANCHISEE to contribute to an advertising fund will not take effect until the FRANCHISEE has been given not less than thirty (30) days written notice of such requirement. In the event CITY LOOKS requires the FRANCHISEE to contribute to an advertising fund, the FRANCHISEE'S requirement to spend an amount for local advertising under Article 4.7 of this Agreement will be reduced by the same percentage that the FRANCHISEE will be required to contribute to CITY LOOKS for the advertising fund. The use of the monies in such advertising fund will be under the absolute discretion and control of CITY LOOKS to purchase and pay for any products or services relating to advertising for City Looks franchisees. The advertising fees payable by the FRANCHISEE into the advertising fund will be payable in the same fashion and under the same terms and conditions as the National Advertising Production Fees are payable and will not be refundable to the FRANCHISEE under any circumstances.
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) 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.
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. (1) BK reserves the right but shall have no obligation to operate an advertising fund system in the Territory. In the absence of an advertising fund operated by BK, the Developer shall ensure that all Controlled Subsidiaries as well as the Developer work in unison to expend advertising and promotional monies, together with all monies due from Sub-franchisees for advertising and promotional purposes, in compliance with the relevant provisions of this Agreement, the Franchise Agreements and the Global Marketing Policy.
Advertising Fund. Sellers have kept all necessary and appropriate records for expenditures made on advertising and marketing charged against the Advertising Fund and have provided such records to Buyer. The management and administration of the Advertising Fund has been conducted in compliance with all relevant agreements and applicable Laws. There are no actual or, to Sellers’ Knowledge, threatened claims against any Seller regarding the management or administration of the Advertising Fund.
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. Franchisee, as its contribution towards an advertising fund, shall pay Franchisor up to one (1%) percent of Franchisee's gross sales per month, calculated as set forth in this Agreement at Part III (A). Such funds shall become the property of Franchisor, to be maintained in a separate "advertising account" established by Franchisor. Franchisor shall use such funds for marketing studies or services, the payroll expenses related to any employee of Franchisor responsible for coordination of Franchisee's advertising and for the purchase of advertising time, space, or materials in national, regional or other advertising media, in a manner determined by Franchisor in its sole discretion.
