Indiana Contract between Manufacturer and Distributor Regarding Minimum Advertised Price

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Multi-State
Control #:
US-01540BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

What is a UMAP Program? A UMAP Program is typically a supply agreement in which a supplier directly or indirectly prohibits or discourages its customers from advertising the former's products below a certain price.

Manufacturers use RPM policies or agreements to prevent retailers from selling products below a specified price. MAP policies are perfectly legal under U.S. antitrust laws.

The agreement is not legally binding. Retailers can still sell a product at a below-MAP price, just not advertise it.

MAP policies are perfectly legal under U.S. antitrust laws. (Such policies have actually been used since 1919 nearly 100 years!) As long as a manufacturer or supplier acts independently from its resellers, a MAP policy isn't considered a form of vertical price fixing.

Unlike a resale-price-maintenance agreement, a MAP policy does not stop a retailer from actually selling below any minimum price. In a resale price maintenance policy or agreement, by contrast, the manufacturer doesn't allow distributors to sell the products below a certain price.

Generally speaking, an IMAP is a unilateral policy set by a manufacturer or supplier that informs a retailer or reseller that the manufacturer will only do business with those companies it chooses to do business with and that it will not work with companies that advertise below a manufacturer-selected minimum price.

A MAP pricing policy does not attempt to control the actual selling prices of those products. In private negotiations with customers, resellers are free to sell a product below the manufacturer's MAP-approved price, as long as its publicly displayed pricing is at or above the MAP level.

An iMAP is specific to prices advertised online, but an eMAP includes all electronic communication channelseven text messaging. MAP pricing is broader than these two policies, and covers all print, physical, and digital channels a retailer may use to list pricing.

IMAP stands for Internet Minimum Advertised Price. It is a MAP policy that brands draft specifically for products sold online.

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Indiana Contract between Manufacturer and Distributor Regarding Minimum Advertised Price