What would you do in this case?

I just closed a listing because I figured out the manufacturer/brand is on the listing. I found what I thought was a good product for OA/RA. I saw several other new sellers on the listing, so assumed it was okay based on that alone (rookie mistake).

I bought only a dozen of the product and shipped to Amazon. I ordered a couple hundred more, still on the way to me. I called the manufacturer, they’re actually only about 20 miles from me. I admitted my mistake and asked if I can sell what I already shipped, then close the listing. They said I should go ahead and close it (I actually closed it before calling them). The person I spoke with asked if I had a contract with them. She said anyone that buys from them has to sign a contract stating they won’t sell on Amazon. I told her I didn’t have a contract, but she said I needed to close the listing anyway.

There are several new sellers (1-5) reviews and a couple of bigger sellers (50K-100K reviews).

My question is, how are the 50K-100K sellers on the listing (assuming they have a contract with the manufacturer). Do some manufacturers/brands just let sellers slide? Why did she ask if I had a contract if I had to close the listing regardless?

Should I still sell on the listing anyway?

That’s pretty common. I signed agreements with all of my manufacturers that I would not sell on any of these open platforms.

There are several new sellers (1-5) reviews

It’s their rookie mistake. They will most likely get a " Cease and Desist" letter from the manufacturer and/or an IP violation from Amazon.

how are the 50K-100K sellers on the listing (assuming they have a contract with the manufacturer).

The have been given approval to sell on Amazon.

Why did she ask if I had a contract if I had to close the listing regardless?

Because you are not authorized to sell these products.

Should I still sell on the listing anyway?

It all depend on how much you want to keep your Amazon seller account. I wouldn’t do it.

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Its up to you what happens and really depends upon the company. It seems they are talking out of both sides of their mouth on this. Possibly protecting others that do have a signed agreement. You just don’t know and never will get all the facts.

If they don’t have any IP, more than likely they are just a group of hill-jacks that are intimidating you and protecting others. If they actually have IP and it was submitted by an attorney you better get off the listing or you will be done.

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It’s possible that larger sellers on the listing have established relationships or agreements with the manufacturer that allow them to sell on platforms like Amazon. Manufacturers may have varying policies, and some might choose to enforce restrictions more strictly than others. The person you spoke with might have asked about a contract to assess the extent of your agreement with the manufacturer, even though the ultimate advice was to close the listing. It’s essential to respect manufacturer agreements and policies to maintain a positive business relationship.

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They probably have their own contracts for big sellers like this. They worked out big deal or some sort

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A couple of the new sellers have been on the listing for 3 months. They must be ignoring them, for now.

That’s your assumption. I wouldn’t let that factor into my decision.

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Are you sure you bought legitimate products, I just re-read your first post and did I miss something?

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Just go to the manufacturer with some recommendations like listing optimization, MAP adherence etc. Try getting exclusive on that listing. Just tell them how working with you will not harm their retailers on ground.

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