The Resale Price Maintenance Agreement is utilized in situations where a supplier wishes to maintain control over the resale prices of their products in the Belgian market. This document is particularly relevant for premium brands and innovative products where price positioning is crucial for market success. The agreement must be carefully structured to comply with both Belgian and EU competition laws, as RPM is generally considered a hardcore restriction. It typically includes detailed provisions on pricing mechanisms, compliance requirements, and specific justifications for the RPM arrangement (such as new product launches or promotional campaigns). The document should incorporate safeguards to ensure compliance with competition regulations while protecting legitimate business interests. Given the complex legal landscape in Belgium regarding vertical restraints, this agreement requires careful consideration of both commercial objectives and regulatory compliance.
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1. Parties: Identification of the supplier and reseller, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including the business relationship between parties and any specific circumstances justifying the RPM arrangement
3. Definitions: Key terms used throughout the agreement, including Products, Recommended Resale Price, Minimum Resale Price, Territory, etc.
4. Appointment and Scope: Details of the reseller's appointment and the products covered by the agreement
5. Pricing Mechanisms: Detailed provisions regarding recommended prices, minimum prices, and any associated conditions or exceptions
6. Duration and Implementation: Timeframe of the RPM arrangement, including any trial periods or temporary promotional campaigns
7. Obligations of the Supplier: Supplier's commitments regarding product supply, pricing information, and support
8. Obligations of the Reseller: Reseller's commitments regarding pricing, marketing, and sales practices
9. Compliance Requirements: Specific provisions ensuring compliance with competition law and any applicable exemptions
10. Termination: Circumstances under which either party may terminate the agreement and the consequences of termination
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Quality Control: Required when the RPM is justified by specific quality standards or brand image protection
2. New Product Launch Provisions: Include when RPM is specifically tied to new product launches or market entry
3. Promotional Campaign Rules: Required when RPM is limited to specific promotional campaigns
4. Online Sales Provisions: Include when the agreement covers online sales channels
5. Training and Support: Include when the supplier provides specific training or support services
6. Audit Rights: Include when regular monitoring of compliance is required
7. Force Majeure: Optional clause for circumstances beyond parties' control affecting price maintenance
8. Anti-Corruption Compliance: Include for cross-border arrangements or when dealing with public sector customers
1. Product List: Detailed list of products subject to the RPM arrangement
2. Pricing Schedule: Current recommended and minimum resale prices for each product
3. Territorial Scope: Detailed description of the geographical territory covered
4. Compliance Guidelines: Detailed guidelines for ensuring competition law compliance
5. Marketing Guidelines: Standards for marketing and promoting the products
6. Reporting Templates: Standard forms for regular reporting and compliance monitoring
7. Quality Standards: Detailed quality requirements and standards if applicable
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