It is these assertions that make reseller contracts invaluable. The most monstrous violators of your resale policies are probably unauthorized resellers, but you can fight these unauthorized resellers with reseller agreements. What is important is that you can rely on these claims to deal with resellers who violate your map policies or other resale price maintenance policies without risking the possibility of price-fixing counterclaims. There is no authorized «form» agreement; everyone must be designed for the manufacturer concerned. However, there are basic provisions that should have all agreements, such as.B.: authorized reseller agreements are not a fully guaranteed method of terminating all unauthorized resellers or breaches of map policy; However, carefully crafted agreements help lay the groundwork for a healthy claim to the application of your rights. However, these reseller contracts only work if they are implemented on the surface, which means that every reseller must accept the terms and you control the resellers and, if necessary, take action. You should consider an advisor to design your dealer agreement to ensure that your rights are protected. The right to unlawful interference arises when a third party is required to violate this contract. That statement is a little confusing, but that`s how it works. If you only sell (as a manufacturer) to authorized resellers and these resellers are prohibited from selling to other resellers, any unauthorized reseller must source from a reseller who violates their dealer agreement.
The authorized dealer therefore violates the dealer agreement, but you can also say that the unauthorized dealer incites the authorized dealer to violate the dealer agreement. However, the key is that the unauthorized dealer must be informed. This can be easily achieved by a letter of omission informing the unauthorized reseller of the agreement. If the reseller continues to sell your products after receiving the letter of omission, the dealer`s actions constitute unauthorized interference. Inevitably, there will be sellers in the market who will sell your products without authorization, in violation of your resale policies (z.B. Your directive on minimum prices aka the MAP directive) and that of your brand as a whole are harmful. It is essential for manufacturers to eliminate (or at least limit) the number of these unauthorized resellers. However, the problem with manufacturers is that these unauthorized resellers do not necessarily break the law. Under the First Sale Doctrine, individuals are free to resell your products and can even use your brands as long as the products sold are genuine.