- 5 -
Only P&G and Colgate had written promotional account
agreements with petitioner. The remaining vendors had oral
agreements with respect to the promotional accounts.
P&G and Colgate had the following written promotional
account agreements with petitioner: Flexible Marketing Agreement
between petitioner and P&G; Cooperative Merchandising Agreement
between petitioner and P&G; Category Marketing Agreement between
petitioner and P&G; Ajax Line Special Event Merchandising
Contract between petitioner and Colgate; and Special Event
Merchandising Contract between petitioner and Colgate. The funds
that were the subject of these written promotional account
agreements were maintained by petitioner.4
Under the Flexible Marketing Agreement (FMA) with P&G, P&G
created a promotional account for each category of brand-name
products listed in the FMA; e.g., coffee/tea products, chilled
beverages, and baking mixes. The amount paid into the
promotional account for each quarter was determined by
multiplying a specified rate by the number of cases of the
specified brands shipped to petitioner during the "base period".
The base period was the same quarter in the previous year. The
4 The written agreements are inconsistent on whether
petitioner or the manufacturer would maintain possession of the
promotional funds. However, the parties have stipulated that
petitioner maintained possession of the promotional funds, and
the testimony at trial supports the stipulation.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011