No part of the cost of an advertisement, sponsorship, or promotion authorized by this subchapter may be charged to or paid by a distributor or wholesaler, except as provided by § 108.74, unless the distributor or wholesaler:
(1) contracts directly with the owner or operator of the public entertainment facility for the advertisement, sponsorship, or promotion; or
(2) is a party to the advertising, sponsorship, or promotion agreement between a member of the manufacturing tier and the owner or operator of the public entertainment facility.