- 7 - 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 itPage: 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