(a) Agreement. A wholesaler whose product is selected must enter into an agreement with the department or the department's vendor, as appropriate, before the product may be sold under the program. The agreement must include:
  (1) the description of the product;
  (2) the quantity to be provided;
  (3) payment terms;
  (4) marketing and distribution terms, if applicable;
  (5) the delivery schedule;
  (6) the return policy;
  (7) the agreement period with the termination date of the agreement; and
  (8) any intellectual property rights related to the product and include or provide for any necessary licensing agreement.
(b) Pricing. The agreement must provide that the department will set the price of the product and may change the price of the product without notice to the wholesaler.
(c) Termination. The agreement must provide that the department may discontinue the acquisition or sale of a product at any time. A product must achieve an acceptable level of sales activity, as determined solely by the department, to be considered for continued participation in the program.

Source Note: The provisions of this §23.71 adopted to be effective January 7, 2015, 40 TexReg 95