Dealer Complaints. Each Party, in its capacity as Dealer, will forward all complaints received from any third-party pertaining to its and its Representatives’ Customer generation activities on behalf of the Primary Party, including, but not limited to, complaints received from consumers, the Better Business Bureau or any state or federal agency. Each Party will supply the Primary Party with copies of all such written complaints and provide a detailed summary of all oral complaints, including the complaining party’s contact information. In the event that a Party is investigated or sued by any federal, state or local government entity or officeholder or consumer or group of consumers (class action) in connection with the marketing of Products or terms of this Agreement, it will immediately notify the Primary Party in writing upon receipt of notice of such an investigation or suit and that it will provide the Primary Party with a copy of such notice.
Dealer Complaints. Suppliers have sometimes terminated or otherwise imposed sanctions on a dealer after receiving complaints from that dealer's competitors. The terminated dealer is likely to charge that the manufacturer was implementing a resale price policy through agreement with other dealers. The policy impulses for finding a manufacturer-complainer agreement include the usual one of remedying the injury to a terminated dealer whose only vice, it asserts, was competition. A complaint plus responsive action does not create an agreement in the absence of “acceptance,” exchange, or quid pro quo, or perhaps the coercion of one by another.
