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Maryland Contract between Manufacturer and Distributor Regarding Minimum Advertised Price

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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.

A Maryland contract between a manufacturer and distributor regarding minimum advertised price (MAP) is a legal agreement that establishes the terms and conditions for advertising and promoting products. It sets a minimum price below which the distributor cannot advertise the manufacturer's products. This type of agreement is commonly used to protect both the manufacturer and the distributor's interests. It ensures that the products are advertised and promoted at a certain level to maintain brand reputation, prevent price erosion, and preserve market value. There are a few different types of Maryland contracts between manufacturers and distributors regarding MAP: 1. Exclusive MAP Agreement: This type of contract grants the distributor exclusive rights to advertise the manufacturer's products at or above the minimum advertised price within a specific territory or market segment. It prohibits other distributors from advertising below the agreed-upon price. 2. Non-Exclusive MAP Agreement: In this type of contract, the manufacturer allows multiple distributors to sell and advertise its products at the minimum advertised price. It does not grant exclusivity to any specific distributor, giving more flexibility in the distribution network. 3. One-Time MAP Agreement: This contract is designed for a specific promotional campaign or event. It establishes a temporary minimum advertised price for a limited period. This type of agreement is often used to boost sales during holidays or special events. 4. Perpetual MAP Agreement: A perpetual MAP agreement is a long-term contract that remains in effect until either party terminates it. It sets a minimum advertised price that remains the same over an extended period, ensuring consistent brand image and pricing across all marketing efforts. In a Maryland contract regarding MAP, important clauses may include: — Price Maintenance: The contract will specify the minimum price the distributor must advertise and sell the products. — Territorial Restrictions: The agreement may outline the specific territories or markets where the distributor is authorized to advertise and sell the products with the minimum advertised price. — Advertising Requirements: The manufacturer may include provisions on the type, timing, and quality of advertising materials and campaigns to ensure the products are adequately promoted. — Compliance Monitoring: The contract may include provisions for monitoring the distributor's adherence to the minimum advertised price and the consequences of non-compliance. — Termination Clause: The agreement will define the conditions and procedures for terminating the contract, such as breach of contract, mutual agreement, or non-performance. Overall, a Maryland contract between a manufacturer and distributor regarding minimum advertised price is crucial for maintaining pricing integrity, protecting brand value, and creating a fair and competitive marketplace.

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FAQ

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

This is where Minimum Advertised Pricing (MAP) policies come in. But what is a MAP pricing policy, exactly? Highlights. MAP policies are agreements between manufacturers and distributors on the minimum price a product can be sold at. These policies benefit all parties, from manufacturers to distributors and retailers.

While it used to be that manufacturers could only suggest a minimum retail price, the U.S. Supreme Court changed that rule. Now, manufacturers may, under appropriate circumstances, require a minimum retail price to be charged. Manufacturers cannot agree between themselves to set prices for their products.

However, RPM agreements are usually unlawful because they prevent you from offering lower prices and setting your prices independently to attract more customers. If you have been involved in RPM with your supplier, you may both be found to be breaking competition law.

Generally, if you sell in big volume it might be a good idea to go below the manufacturer's RRP. Be wary, though that some manufacturers and distributors look down on stores that do so because the pricing might be important for their brand image.

You must not claim a discount against the recommended retail price (RRP), if the RRP is significantly higher than the price generally charged for the product.

According to the California Attorney General, the state's antitrust and unfair competition laws prohibit vertical price-fixingnamely, a supplier cannot require, or agree with, a reseller of the supplier's products to resell at a minimum price (e.g., not below MSRP), or at a set price (MSRP).

If a manufacturer, on its own, adopts a policy regarding a desired level of prices, the law allows the manufacturer to deal only with retailers who agree to that policy. A manufacturer also may stop dealing with a retailer that does not follow its resale price policy.

Minimum advertised price policies are unilateral programs that manufacturers can use to limit their retailers from advertising products below a predetermined level. Unlike resale price maintenance (RPM) agreements, MAP policies don't strictly limit product pricing.

A supplier can, however, issue non-binding RRPs for its products or impose maximum prices above which its retailers or distributors may not resell the products, provided that the RRP or the maximum price does not amount to a fixed or minimum resale price as a result of pressure or incentives.

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Maryland Contract between Manufacturer and Distributor Regarding Minimum Advertised Price