As used in this title, unless the context otherwise requires:

(1)  “Agreement” means a written contractual agreement between the merchant and the third-party delivery service.

(2)  “Customer” means the person, business, or other entity that places an order for merchant products through the marketplace.

(3)  “Likeness” means identifiable symbols attributed and easily identified as belonging to a specific merchant or retailer.

(4)  “Marketplace” means the third party’s proprietary online communication platform where customers can view and search the menus of merchants and place an order for merchant products via the third party’s website or mobile application for delivery or by the third-party delivery service, or an independent contractor of the third-party delivery service, to the customer.

(5)  “Merchant” means a food service establishment as set forth in § 21-27-1 or other retail entity.

(6)  “Third-party delivery service” means a company, organization, or entity, outside of the operation of the merchant’s business that facilitates delivery or online ordering services to customers.