North Dakota Code 26.1-53.1-17 – Marketing requirements
1. A discount plan organization may market directly or contract with other marketers for the distribution of the organization’s product.
Terms Used In North Dakota Code 26.1-53.1-17
- Contract: A legal written agreement that becomes binding when signed.
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. The discount plan organization must have an executed written agreement with a marketer before the marketer’s marketing, promoting, selling, or distributing the discount plan.
3. The agreement between the discount plan organization and the marketer must prohibit the marketer from using advertising, marketing materials, brochures, and discount plan cards without the discount plan organization’s approval in writing.
4. The discount plan organization must be bound by and responsible for the activities of a marketer which are within the scope of the marketer’s agency relationship with the organization, or are otherwise approved by or under the direction and control of the organization.
5. Before use, a discount plan shall approve in writing any advertisements, marketing materials, brochures, and discount cards used by marketers to market, promote, sell, or distribute the discount plan.