Affiliated Foods, Inc. - Page 7

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          could be paid reasonable and customary costs for sponsoring an              
          in-store sampling program at one of its shareholder's stores.               
               Under the Category Marketing Fund Agreement (CMFA) with P&G,           
          P&G created a promotional account for each brand listed in the              
          agreement; e.g, Bold, Dawn, and Downy.  The amount paid into the            
          promotional account for each period was determined by multiplying           
          the stated funding rate by the number of cases of the specified             
          brands shipped to petitioner during the base period, with the               
          base period being the same period during the previous year.                 
          Petitioner was entitled to payment from the promotional account             
          at a stated rate per case for various advertising and price                 
          reduction activities; e.g., print media, broadcast media, and               
          price reduction on sales to retail outlets.  Furthermore, P&G               
          authorized payment of petitioner's actual cost of various                   
          activities from the promotional account, e.g., petitioner could             
          be paid reasonable and customary costs for sponsoring an in-store           
          sampling program at one of its shareholder's stores.                        
               As indicated, the three written agreements between P&G and             
          petitioner provided that petitioner could withdraw from the                 
          promotional accounts certain amounts for performing certain                 
          enumerated activities.  This was not, however, the entire                   
          arrangement between petitioner and P&G's representative, Mr.                
          Davis.  Instead, petitioner withdrew funds from the promotional             
          accounts if it performed under the terms of oral agreements it              






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Last modified: May 25, 2011