Again, make it up front and transparent, be a designer and a sales rep for the manufacturer. Many suppliers I have dealt deal with have commissioned sales people, the majority in fact.
“Kickbacks” is a heavily loaded term. Of course a kickback is bad. In this discussion, which I just re-read, no one has defined the legal definition of kickback, or what laws it might break. Little bit of research, let me make an attempt.
An ex-Apple employee is looking at 20 years in jail this week for taking kickbacks from suppliers. He was an employee of a public company. Although all of the charges from the conviction seem to be related to laws regarding wire fraud, conspiracy, etc. Not specifically kickbacks.
“In pleading guilty, Devine admitted to engaging in a scheme to defraud Apple, Inc., of its money or property and its right to his honest services while he was employed with the company from 2005 through 2010,” the press release from the U.S. Department of Justice stated. “In addition, Devine admitted to transferring the proceeds of the wire fraud between various bank accounts in the U.S. and overseas in order to conceal the nature, location, source, ownership and control of the proceeds; and to conducting financial transactions with criminally-derived property worth more than $10,000.”
Read more: > Former Apple Employee Pleads Guilty to Receiving Kickbacks | TIME.com
In US government contracts, kickbacks illegal. https://www.acquisition.gov/far/html/Subpart%203_5.html
“Kickback” means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.
“Person” means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
“Prime contract” means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.
“Prime Contractor” means a person who has entered into a prime contract with the United States.
“Prime Contractor employee” means any officer, partner, employee, or agent of a prime contractor.
“Subcontract” means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.
“Subcontractor” (1) means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and (2) includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor.
and http://www.dol.gov/compliance/laws/comp-copeland.htm
I have a slight problem with labeling the proposal to take a commission from sourcing, a kickback, if one is not an employee or working on a government contract. Being an open rep for a given company or set of companies eliminates the issue completely.
There may be other sets of laws that I am unaware of, perhaps someone else can point them out.
My anecdotal understanding is that Nike does not even allow its Asian suppliers to buy dinner for its visiting employees out of concern for higher costs.