What price controls can be put into a foundry-distributor contract that can be reassuring to the foundry but will not be liable to a legal charge of price fixing?
The vendor agreeing to pay the foundry full retail price royalty
regardless of what the actual sale price is. Just like when a physical
retailer buys something at the usual wholesale price then sells it as a
loss leader.
We sell licenses to some fonts under an agreement with the client for whom we originally developed them, paying them a royalty. Under the agreement, we would pay them the royalty on all sales at the full retail price, even if we were to sell the licenses at a discount. That gives us the option to have occasional discount sale events, but we’re the ones who take a cut in income, not the rights owner. That both discourages frequent discounting and also puts a limit on how much of a discount can be applied without us taking an actual loss on every sale.
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