Is it illegal to enforce a price point?

25 replies
Hello....I have a quick question that I would love some sage advice on if you have some time.

Is it legal to impose a price enforcement policy for a product that you sell with private label or resale rights?

I am a bit confused when it comes to this and I was hoping that someone with more knowledge on the subject would be able to clear the confusion for me.

Thanks in advance,
Lisa
#enforcement #legal #policies #price #thoughts
  • Profile picture of the author turnkeybiz
    Hi Lisa I hope this help, I know that you are not allowed to tell people what price they can sell products you give rights to sell. One of the reasons for this is price fixing. We have a free open market and people have the right to set retail prices.

    But with that said, I am almost sure you can influence them by giving them a lic. to use your products and GUIDE them on the prices they are allowed to sell.

    But the said thing is if someone wants to offer your PLR for a buck they can. Just take a look at ebay lol

    But I am sure there is a Guru or two on here that can give you pointers on how to help GUIDE your clients that order PLR rights and resale rights and how to better enforce your lic.

    Price fixing - Wikipedia, the free encyclopedia

    good luck

    Auggie
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  • Profile picture of the author LisaMCope
    Thank you very much Auggie and Justin for posting.

    I appreciate the article on price fixing, it helped.

    I was already under the impression that it was illegal to enforce a price point when selling a product with resale rights.

    However a suggested retail price would be OK.

    I'll have to do some more research on the subject.
    Again, I appreciate your help have a great day,
    Lisa
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    • Profile picture of the author Johnathan
      If this is a big concern, easiest thing would be to consult with a lawyer. It is an easy answer, so shouldn't take too long/cost too much.

      I believe that you are allowed to say what the minimum price of a product to be resold is -- if they are a *reseller* -- so basically you are not transferring rights, but you are allowing them to resell your product (there is a big difference here). Anyways, it would be worth checking out.


      Originally Posted by flipidy View Post

      Thank you very much Auggie and Justin for posting.

      I appreciate the article on price fixing, it helped.

      I was already under the impression that it was illegal to enforce a price point when selling a product with resale rights.

      However a suggested retail price would be OK.

      I'll have to do some more research on the subject.
      Again, I appreciate your help have a great day,
      Lisa
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      • Profile picture of the author GarrieWilson
        Originally Posted by Johnathan View Post

        I believe that you are allowed to say what the minimum price of a product to be resold is -- if they are a *reseller* -- so basically you are not transferring rights, but you are allowing them to resell your product (there is a big difference here). Anyways, it would be worth checking out.
        Incorrect.

        Letting someone be a reseller is transfering rights. No difference.
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        • Profile picture of the author Johnathan
          Originally Posted by GarrieWilson View Post

          Incorrect.

          Letting someone be a reseller is transfering rights. No difference.
          actually it's not incorrect.
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          • Profile picture of the author GarrieWilson
            Originally Posted by Johnathan View Post

            actually it's not incorrect.
            Yes it is correct.

            The right being transferred is the right to sell the product. If you try and tell me and other resellers that I must sell it for a certain price, that is price fixing.

            HOWEVER, it also depends on how it's being distributed and who is manufacturing the product.

            For example:

            If it's a digital product and I let people download it from my server, then you can't because I am manufacturing it.

            BUT if YOU let me sell it and people must download it from YOUR server then you can stop me from selling it if I violate the price limit. (This is based on my nonlegal interpretation of a "recent" court ruling on price limits.")
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  • Profile picture of the author Andy Fletcher
    As far as I know there is nothing illegal about selling licences with fixed prices associated with the resale rights. That's not price fixing. Price fixing is agreeing with competitors to keep prices high.
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  • Profile picture of the author turnkeybiz
    Your some what right Andy, but if you think about it, your resellers are competition and if you all agree to sell it at X price, then isn't that opening one self up for price fixing?

    This is why every resell rights lic. that I have ever gotten had a suggested retail price and a PLEASE don't sell it for a buck agreement, but not sure on enforceable that is.

    But I think if you have a system that your resellers have to accept payment via your payment processor and they get 100% of the commission, this will set the price that you want.

    this is a way around it. But Andy might have a point not 100 sure
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    • Profile picture of the author Andy Fletcher
      The difference as far as I'm aware (but I'm not really that good on legals) is that it's your product so you can licence it however you like. What you can't do is agree with someone else that sells a similar product on how to price them.

      YMMV,

      Andy


      Originally Posted by turnkeybiz View Post

      Your some what right Andy, but if you think about it, your resellers are competition and if you all agree to sell it at X price, then isn't that opening one self up for price fixing?

      This is why every resell rights lic. that I have ever gotten had a suggested retail price and a PLEASE don't sell it for a buck agreement, but not sure on enforceable that is.

      But I think if you have a system that your resellers have to accept payment via your payment processor and they get 100% of the commission, this will set the price that you want.

      this is a way around it. But Andy might have a point not 100 sure
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      • Profile picture of the author Sandor Verebi
        Useful advices above. But there is another factor IMO, you shouldn't allow them to undervalue your product. I'd just like to say that suggested price is okay if you make this clear in the agreement between you and them.

        Btw What Andy says that is a cartellization. And you may found it on IM world, too.
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  • Profile picture of the author artwebster
    If you are selling in Europe, you cannot regulate the price at which your product sells. If you feel that your product would be devalued by being offered at a lower price, you must remain the sole source of supply and refuse to sell PLR licences.

    Cartels are constantly being flushed out of the sewers and the retribution can be fierce although oil cartels seem to operate with impunity.
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  • Profile picture of the author BizBoost
    Andy's correct. It's your product and your license. You have every right to set a value for your product in the license or else your competitor could simply buy a license then flood the market with your product for free.

    Theoretically, that might not be a bad thing for the exposure it could bring you but that's a different point altogether.

    If a person doesn't like the valuation terms of your license, it does not prevent them from creating a similar product and selling it at whatever price they want.

    So, if I were you, I would, without hesitation, tell people in the license that they were not allowed to give the product away nor sell it for less than $X....

    That is not restricting free trade or price setting. It's protecting the value of your product which you are licensing to others so that both you and they can make money... not so they can wreck the value of your creation and put you out of business.

    Eric
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    • Profile picture of the author Kim Standerline
      You can only suggest a price for people to sell a product if you give them the resale rights, you can't enforce it.

      If you are concerned about your products being sold for pennies on the dollar, then you just don't give away the rights to it

      Kim

      Originally Posted by BizBoost View Post

      Andy's correct. It's your product and your license. You have every right to set a value for your product in the license or else your competitor could simply buy a license then flood the market with your product for free.

      Theoretically, that might not be a bad thing for the exposure it could bring you but that's a different point altogether.

      If a person doesn't like the valuation terms of your license, it does not prevent them from creating a similar product and selling it at whatever price they want.

      So, if I were you, I would, without hesitation, tell people in the license that they were not allowed to give the product away nor sell it for less than ....

      That is not restricting free trade or price setting. It's protecting the value of your product which you are licensing to others so that both you and they can make money... not so they can wreck the value of your creation and put you out of business.

      Eric
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      • Profile picture of the author BizBoost
        Originally Posted by Kim Standerline View Post

        You can only suggest a price for people to sell a product if you give them the resale rights, you can't enforce it.

        If you are concerned about your products being sold for pennies on the dollar, then you just don't give away the rights to it

        Kim
        Hi Kim, why are you quoting/addressing me? I never said a person could enforce a price minimum, only that they were well within their legal rights to do so.

        Also, when you post links to articles, it'd be helpful if you'd include your short commentary on what you think it means since 1,000 people can interpret the same thing 1,000 different ways even when one thinks the message should be clearn and obvioius.

        After reading the passages to which you linked, it seemed as if what I'd said was confirmed and so I was left wondering why you had decided to respond to me, specifically.

        Bottom Line, in my experienced opinion, is that a person can create RESALE RIGHTS with a minimum price allowed. This does not stop their competitors from creating a similar product and pricing it at whatever they'd like so it is not price fixing and does not restrain trade. As long as they don't set their resale rights with an artificially low price with the intent of putting competitors out of business, then it seems they are well within the law.

        Whether one can easily enforce it or not is a completely seperate matter...
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  • Profile picture of the author turnkeybiz
    Ok here is live proof from a person that is well know for PLR rights and resell rightsJeremy Burns.

    THIS IS NOT AN AFFILIATE LINK
    Web Site Agreement

    We all know the source code goldmine sales, above are Jeremy's terms. In the 2nd paragraph here is his opening line

    "We can not legally set prices for these products, we can only suggest them......"

    Now as everyone above agrees there are a ton of ways to strongly suggest or Limit the people that resell your products. And we all know that if there are stupid people out there that take a great product and kill the value, what we have to do is offer a better service to make our price more of a value

    If a reseller is offering something below value, I can almost say that his/her support is not good, simply because they are not making any money from each sale so why put more time into that needs to.

    As with anything the best advise is speak to a lawyer or someone in your area to ensure that you are following the right rules.

    Good luck all

    Auggie
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  • Profile picture of the author Johnny Slater
    If you give them the product to pass on to their customers then they can set the price to whatever they want and there isn't much legally you can do. You can't force them to sell for a specific price if they control the payment and delivery platform.

    If you are worried about devaluing your product then the best route would probably be to set people up as affiliates and use something like SMP or RAP that allows for instant 100% commissions. This way you can control the sales and delivery process but your resellers get the full product price.
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  • Profile picture of the author nicholl08
    it definitely is legal. Many types of food say the price of their product right on the box, thereby forcing retailers to sell for that...or less with a sale - but never higher.

    Beef jerky teaches me so many lessons.
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    • Profile picture of the author GarrieWilson
      Originally Posted by nicholl08 View Post

      it definitely is legal. Many types of food say the price of their product right on the box, thereby forcing retailers to sell for that...or less with a sale - but never higher.

      Beef jerky teaches me so many lessons.
      No, it's not. The price on the box doesn't mean it must be sold for that price. It's a prestamped suggested price. Nothing stoping the retailer from putting a different price over it.

      Garrie
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  • Profile picture of the author Tim_Carter
    The general rule provides that a vendor may not in combination with another vendor agree to set a certain price thereby creating a fixed price within a certain market.

    You are the vendor. The people who bought the product are customers - not vendors.
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  • Profile picture of the author Andy Fletcher
    From the looks of things I stand corrected. Thanks for the input guys and girls
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    • Profile picture of the author Lance K
      Originally Posted by Andy Fletcher View Post

      From the looks of things I stand corrected. Thanks for the input guys and girls
      Sorry for bumping an old thread. Got an answer to my question.

      Looks like I stand corrected too.
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  • Profile picture of the author J Bold
    If you are afraid of your own product being devalued, why even offer Master Resale Rights or PLR? People are going to price it how they choose, that's for sure.

    I would say, only release PLR for products you do not intend to sell yourself or you are no longer going to sell.
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  • Profile picture of the author samstephens
    Here's my understanding of price fixing:

    - "Vendor" is the person who creates the product
    - "Resellers" are the people who buy rights to resell the product

    Now in this example, let's say 3 people bought rights to sell the product, and so we have 3 Resellers.

    The Vendor says "This product is worth $30".

    Pricing fixing is if those 3 Resellers got together and agreed to sell the product for at least $100.

    "Price fixing" has nothing to do with the vendor-reseller relationship, it's only about the reseller-reseller-reseller relationship.

    Does that make sense?


    So how do vendors in the real world make sure their products aren't undervalued? It's all about profit.

    Resellers buy the product at a certain price, and then put their profit on top of it. Their buy price effectively sets the minimum sales price, because to sell under their buy price will send them broke.

    This becomes very different with digital products, because there isn't a cost involved in each unit. You just buy a "blanket licences" to effectively reproduce that one product.

    This effectively gives a resller the flexability to devalue the product instantly (and sqaush other resellers' investments) by selling it for $0.01.

    Is it legal to set minimum sales prices?

    It turns out it probably IS legal, since 2007 (in the US, anyway):

    http://www.nytimes.com/2007/06/29/bu...5867.html?_r=1

    cheers
    Sam
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  • Profile picture of the author TyBrown
    I'm not an expert at law by any means but I do know that manufacturers who sell to distributors or wholesalers will often set a limit below which people can't sell the product. If they didn't, the re-sellers would cannibalize each other and end up tarnishing the brand.
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