As used in this chapter:

(1) “Business relationship” means an agreement that governs the relationship of principal and sales representative.

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Terms Used In Utah Code 34-44-102

  • 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
  • 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
  • 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
(2) “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.
(3)

     (3)(a) “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.
     (3)(b) As used in this Subsection (3), “participant” means an independent agent, contractor, or distributor.
(4) “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.
(5)

     (5)(a) Except as provided in Subsection (5)(b), “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.
     (5)(b) “Sales representative” does not include:

          (5)(b)(i) an employee of a principal;
          (5)(b)(ii) a person licensed under Title 31A, Insurance Code;
          (5)(b)(iii) a person licensed under Title 41, Chapter 3, Part 2, Licensing;
          (5)(b)(iv) a person licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices Act;
          (5)(b)(v) a person who provides a product or service under a business relationship with a principal that is incident to the purchase or sale of real property;
          (5)(b)(vi) a person who places an order or purchases a product or service for that person’s own account for resale; or
          (5)(b)(vii) an independent agent, contractor, or distributor through whom a direct sales company supplies for consideration a good or service.
(6) “Terminates” or “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.