[dpark]

Don’t worry. If Amazon decided to undercut by selling at a loss, they would absolutely put it in their ToS that retailers cannot exploit this loophole and they would sue to enforce their ToS.

[niemandhier]

Retailers could put into their TOS that they are exempt from those clauses when buying things bought from them.

[dpark]

I like this. “By purchasing from us you agree that you cannot enforce your ridiculous terms of service and if you try, you also owe us a pony.”

[mitthrowaway2]

These manufacturers never signed any ToS, and the most Amazon could do to retaliate would be to de-list the product that they never asked to be listed in the first place.

[IgorPartola]

When the manufacturer buys their own product via Amazon’s service they would become subject to their TOS as a buyer.

[mitthrowaway2]

I guess they'll just have to use some service to buy for them instead. ;)