Consolidated ICC code

Article A8 – Particular obligations of promoters

Interests of intermediaries
Sales promotions should be devised and administered with due regard to the legitimate interests of intermediaries and should respect their freedom of decision.

Interests of employees, employers and consumer relations

The terms of sales promotions should be so designed as to respect the bond of loyalty between employees and their employers.
Promotion and incentive schemes should be designed and implemented to take account of the interests of everyone involved and should not conflict with the duty of employees to their employer or their obligation to give honest advice to consumers.

Rights of intermediaries’ employees
The prior agreement of the intermediary or his/her responsible manager should always be sought if the proposed promotion involves

  • inviting the employees of the intermediary to assist in any promotional activity;
  • offering any inducement or reward, financial or otherwise, to such employees for their assistance or for any sales achievements in connection with any sales promotion.

In the case of an offer addressed openly through public media, for which such prior permission cannot be obtained, it should be made clear that employees must obtain their employer's permission before participating.

Timely delivery of goods and materials to intermediaries
All goods, including promotional items and other relevant material, should be delivered to the intermediary within a period which is reasonable in terms of any time limitation on the promotional offer.

Contractual relationships between intermediaries and consumers
Sales promotions involving active co-operation by the intermediary or his/her employees should be so devised as not to prejudice any contractual relationship which may exist between the intermediary and the consumers.

 



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