(a) Nature ofAgreement. A franchise agreement is a commercial relationship between awholesaler and supplier of a definite or indefinite duration, whether writtenor oral, including:
(1) A relationshipwhereby a wholesaler is granted the right to offer and sell the brands of maltbeverages offered by the supplier; or
(2) An agreement wherebya supplier grants to a wholesaler a license to use a trade name, trademark,service mark or related characteristic and in which there is a community ofinterest in the marking of the products of the supplier by lease or otherwise.
(b) Existence ofAgreement. A franchise agreement as described in subsection (a) exists when:
(1) The supplier hasshipped malt beverages to a wholesaler or accepted an order for malt beveragesfrom the wholesaler;
(2) A wholesaler haspaid or the supplier has accepted payment for an order of malt beveragesintended for sale within this State;
(3) The supplier andwholesaler have filed with the Commission a distribution agreement as requiredby G.S. 18B‑1303; or
(4) A supplier acquiresthe right to manufacture a malt beverage product, or the trade name for suchproduct, or the right to distribute a product, for which a wholesaler has afranchise agreement. (1989, c. 142, s. 1; 2005‑350, s. 5.)
(a) Nature ofAgreement. A franchise agreement is a commercial relationship between awholesaler and supplier of a definite or indefinite duration, whether writtenor oral, including:
(1) A relationshipwhereby a wholesaler is granted the right to offer and sell the brands of maltbeverages offered by the supplier; or
(2) An agreement wherebya supplier grants to a wholesaler a license to use a trade name, trademark,service mark or related characteristic and in which there is a community ofinterest in the marking of the products of the supplier by lease or otherwise.
(b) Existence ofAgreement. A franchise agreement as described in subsection (a) exists when:
(1) The supplier hasshipped malt beverages to a wholesaler or accepted an order for malt beveragesfrom the wholesaler;
(2) A wholesaler haspaid or the supplier has accepted payment for an order of malt beveragesintended for sale within this State;
(3) The supplier andwholesaler have filed with the Commission a distribution agreement as requiredby G.S. 18B‑1303; or
(4) A supplier acquiresthe right to manufacture a malt beverage product, or the trade name for suchproduct, or the right to distribute a product, for which a wholesaler has afranchise agreement. (1989, c. 142, s. 1; 2005‑350, s. 5.)
(a) Nature ofAgreement. A franchise agreement is a commercial relationship between awholesaler and supplier of a definite or indefinite duration, whether writtenor oral, including:
(1) A relationshipwhereby a wholesaler is granted the right to offer and sell the brands of maltbeverages offered by the supplier; or
(2) An agreement wherebya supplier grants to a wholesaler a license to use a trade name, trademark,service mark or related characteristic and in which there is a community ofinterest in the marking of the products of the supplier by lease or otherwise.
(b) Existence ofAgreement. A franchise agreement as described in subsection (a) exists when:
(1) The supplier hasshipped malt beverages to a wholesaler or accepted an order for malt beveragesfrom the wholesaler;
(2) A wholesaler haspaid or the supplier has accepted payment for an order of malt beveragesintended for sale within this State;
(3) The supplier andwholesaler have filed with the Commission a distribution agreement as requiredby G.S. 18B‑1303; or
(4) A supplier acquiresthe right to manufacture a malt beverage product, or the trade name for suchproduct, or the right to distribute a product, for which a wholesaler has afranchise agreement. (1989, c. 142, s. 1; 2005‑350, s. 5.)
