Terms Used In Utah Code > Title 34 > Chapter 44 > Part 1 - General Provisions

• Board: means the Board of Water Resources created in Section Utah Code 73-10c-2
• Business relationship: means an agreement that governs the relationship of principal and sales representative. See Utah Code 34-44-102
• Commission: means :
       (2)(a) compensation:

            (2)(a)(i) that accrues to a sales representative;

            (2)(a)(ii) for payment by a principal; and

            (2)(a)(iii) at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or
       (2)(b) any other method of compensation agreed to between a sales representative and a principal including:

            (2)(b)(i) fees for services; and

            (2)(b)(ii) a retainer. See Utah Code 34-44-102
• Direct sales company: means a person that:
            (3)(a)(i) sells, distributes, or supplies for consideration a good or service through participants:

                 (3)(a)(i)(A) at different levels of distribution; or

                 (3)(a)(i)(B) in accordance with a formula for compensating participants in whole or in part based on:

                      (3)(a)(i)(B)(I) the sale of a good or service; and

                      (3)(a)(i)(B)(II) the recruitment of or the performance or action of another participant; and
            (3)(a)(ii)

                 (3)(a)(ii)(A) permits participants to recruit other participants to sell, distribute, or supply for consideration the person's good or service; or

                 (3)(a)(ii)(B) provides for commission, cross-commissions, override commissions, bonuses, refunds, dividends, or other consideration that is or may be paid as a result of:

                      (3)(a)(ii)(B)(I) the sale of a good or service; or

                      (3)(a)(ii)(B)(II) the recruitment of or the performance or action of another participant. See Utah Code 34-44-102
• Drinking Water Board: means the Drinking Water Board appointed according to Section 19-4-103. See Utah Code 73-10c-2
• participant: means an independent agent, contractor, or distributor. See Utah Code 34-44-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Principal: means a person who:
       (4)(a) engages in any of the following activities with regard to a product or service:

            (4)(a)(i) manufactures;

            (4)(a)(ii) produces;

            (4)(a)(iii) imports;

            (4)(a)(iv) sells; or

            (4)(a)(v) distributes;
       (4)(b) establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and
       (4)(c) agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102
• sales representative: means a person who enters into a business relationship with a principal:
            (5)(a)(i) to solicit orders for a product or a service described in Subsection (4)(a); and
            (5)(a)(ii) under which the person is compensated, in whole or in part, by commission. See Utah Code 34-44-102
• Security fund: means the Water Development Security Fund created in Section 73-10c-5. See Utah Code 73-10c-2
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• termination: means the end of a business relationship between a sales representative and a principal, whether by:
       (6)(a) agreement;
       (6)(b) expiration of a time period; or
       (6)(c) exercise of a right of termination by either the principal or the sales representative. See Utah Code 34-44-102
• Wastewater project: means :
       (12)(a) a sewer, storm or sanitary sewage system, sewage treatment facility, lagoon, sewage collection facility and system, and related pipelines, and all similar systems, works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or other polluted waters of this state; and
       (12)(b) a study, pollution prevention activity, or pollution education activity that will protect the waters of this state. See Utah Code 73-10c-2
• Water Quality Board: means the Water Quality Board appointed according to Section 19-5-103. See Utah Code 73-10c-2
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5