On September 25, 2015; we received this from our Canadian distributors:
This memo is to advise you that Mayfair Games have implemented an online policy for all their games sold online.
This Policy is effective immediately!!
Any persons selling online are required to have a license to do so. This will allow the retailer to sell under the rules set forth in the MAR agreement. This license allows the seller to sell online through the internet and to utilize the Mayfair Games IP with the explicit adherence to the signed MAR agreement.
Since this policy is effective immediately you need to get your signed licensed agreement into your sales representative a soon as you can. Please contact them to have a copy sent to you if you have not receive one from Mayfair.
Until you are licensed to sell online you cannot sell Mayfair games online. You must remove any online items or you will risk Mayfair suspending your account and placing you on their banned list.
We ask that you act swiftly and apologize for any inconvenience this may cause.
We immediately stopped the sale of games on the Friday and requested the necessary agreement. The agreement was sent to us as attached.
Feel free to read the agreement. We didn’t sign the agreement and after 2 weeks and multiple attempts to get a new agreement sent to us, we decided that we had been more than accommodating and turned sales back on. Yes, that means Mayfair may ban us from selling their games, but at this point, over nearly a month of not speaking with us or sending us an agreement that we can sign, we have product that is sitting on our shelves that need to move. It’s rather obvious that they do not care to actually get this dealt with as it’s now over a month since this initial e-mail was sent out, so we might as well go ahead and sell whatever stock we have. I hate to cut-off such a popular line, but what else can we do?
Issues with the Agreement
Why didn’t we sign the agreement? Quite a few reasons. Here’s a game – read over the the fg_Mar_K_130401-tt.pdf and work out what issues you would have with the agreement. Here’s the one’s I caught:
- MSRP of products are to be via printed price on the box (which is in US$) and/or sent to us if not printed. No indication of what the exchange rate is to be used or how we can get the exchange rate so that we can comply with the policy. So, without designating that information, we could inadvertently break the agreement without realising it. In addition, no list was included so again, we are left floundering.
- We are not allowed to purchase products except from authorised Mayfair Dealers. Note that there are NO authorised Mayfair dealers listed in the Appendix.
- There is supposed to be an active list of products that the MAP policy and sale policy applies to. None are listed.
- Appendix B talks of ‘Mayfair Terms’ and the agreement is subject to it, but since it’s completely blank, who knows what it is?
That’s just the issues with the agreement as written. Basically, if we signed this agreement, we couldn’t purchase games from our distributors anyway because they aren’t listed on the agreement. It’s great that none of Mayfair’s products are actually subject to the 90% sale rule (see the part where they don’t list any products as active?) but it does mean that we still can’t buy their products.