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Determine what services, in addition to those
needed to determine the basic commission rate, will be
needed.
Determine whether the additional services will be
paid for as increased commissions or as special fees.
* * * * * * *
[T]he one factor that ultimately rules the marketplace
is whether or not the agent feels he or she can make a
decent living with a given commission. * * *
* * * * * * *
[W]hile [many] agents receive most of their income as
sales commissions, many are also paid fees for special
services. The typical manufacturers' agency today is
as likely to perform some special marketing tasks for
its principals as it is to do its main job of selling
the products.
Ms. Hamilton interpreted the MANA Research Bulletins as "[making]
it clear that if entities perform additional functions they
should be compensated--additionally compensated for those
functions."
The MANA Research Bulletin reports sales commission rates in
the categories high, low, and average. In the product category
of Electronic/Technical Products, the MANA Research Bulletins
show commission ranges of 6.97 percent to 12.19 percent in 1990
and 7.32 percent to 12.30 percent in 1992. The average rates in
those years were 9.58 percent and 9.81 percent, respectively.
Petitioner performed functions and other activities in addition
to selling the services of ASAT, Ltd. Ms. Hamilton read the MANA
materials prior to determining her adjustment to petitioner's
gross profit spread.
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