- 8 - had with Mr. Davis, whether or not the activities giving rise to payment were covered by the written agreements. Mr. Davis determined how petitioner could use the funds to best promote P&G products, and petitioner decided if it would accept the terms of Mr. Davis' offer. With respect to advertising activities petitioner could perform to become entitled to withdraw funds from the promotional accounts, Mr. Davis would inform petitioner that he was offering an advertising program to promote certain P&G products and the terms of the offer. After providing the advertising, petitioner would then deduct the moneys to which it was entitled under the terms of Mr. Davis' offer from the P&G promotional accounts. To validate the deduction from the P&G promotional accounts, petitioner provided Mr. Davis with proof of performance, e.g., a copy of an advertisement. Mr. Davis also used promotional account funds to make cash payments to petitioner's member stores at petitioner's annual food show. Under the Ajax Line Special Event Merchandising Contract and the Special Event Merchandising Contract with Colgate (Colgate agreements), Colgate agreed to create a promotional account for special event promotional services. The promotional account was infused with capital every 6 months, and the amount contributed was based on a fixed price per case of specified products shipped to petitioner during the same period for the prior year. ThePage: 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