(a) A manufacturer, distributor or importer may not, through any of the methods described in paragraph (b) of this subsection, directly or indirectly coerce or attempt to coerce a dealer to advertise, promote, offer or sell an extended service contract, an extended maintenance plan, a guaranteed asset protection waiver or other arrangement that pays a purchaser the remaining balance on a note secured by a motor vehicle if the motor vehicle is lost, stolen or damaged beyond repair, or a similar product or service, if the manufacturer, distributor or importer provides, originates, sponsors or endorses the product or service.
(b)
Prohibited methods for coercing or attempting to coerce a dealer include, but are not limited to:
(A)
Stating to a dealer that the dealer’s failure to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection will substantially and adversely affect the dealer’s business or the dealer’s relationship with the manufacturer, distributor or importer;
(B)
Requiring the dealer in a franchise agreement to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection;
(C)
Measuring the dealer’s performance in a franchise on the basis of whether, or the extent to which, the dealer advertises, promotes, offers or sells the products or services described in paragraph (a) of this subsection; or
(D)
Requiring the dealer to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection to the exclusion of other, similar products or services that a person other than the manufacturer, distributor or importer offers.
(2)
The prohibition in subsection (1) of this section does not affect a manufacturer’s, distributor’s or importer’s right or ability to:
(a)
Provide incentives to a dealer that voluntarily decides to advertise, promote, offer or sell the products or services described in subsection (1)(a) of this section; or
(b)
Require a dealer that sells a product or service that is similar to the products or services described in subsection (1)(a) of this section, but that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse, to notify a customer in writing, and to obtain the customer’s acknowledgment, that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse the product or service. [2015 c.584 §2]