Terms Used In Utah Code > Title 34 > Chapter 44 - Sales Representative Commission Payment Act

• Agreement: means a short-term agreement or a long-term agreement. See Utah Code 73-10d-3
• Board: means the Board of Water Resources created in Section Utah Code 73-10c-2
• Bonds: means obligations issued by a municipality or a county under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and the provisions of this chapter. See Utah Code 73-10d-3
• Business relationship: means an agreement that governs the relationship of principal and sales representative. See Utah Code 34-44-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Cost: means , with respect to any privatization project or facility related thereto, without limitation:
       (3)(a) all costs of designing, planning, acquiring, constructing, reconstructing, modifying, improving, maintaining, equipping, extending, furnishing, and placing in service any privatization project, including architectural, planning, engineering, legal, and fiscal advisors' fees or costs, and any costs incident to the acquisition of any necessary property, easement, or right-of-way;
       (3)(b) any costs incurred for preliminary planning to determine the economic or engineering feasibility of a proposed privatization project, including, without limitation, costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and inspection and supervision of the construction of any facility;
       (3)(c) all costs incident to the purchase, installation, or financing of equipment, machinery, and other personal property required by a privatization project;
       (3)(d) all costs incident to the authorization and issuance of bonds, including accountants' fees, attorneys' fees, financial advisors' fees, underwriting fees, including bond discount, and other professional services and printing costs;
       (3)(e) all costs incident to the establishment and funding of appropriate reserve funds; and
       (3)(f) interest estimated to accrue on any bonds issued to finance a privatization project for a reasonable period of time prior to construction, during construction, and for a reasonable period of time after construction. See Utah Code 73-10d-3
• Council: means the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3. See Utah Code 73-10c-2
• 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
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means any structure, building, machinery, system, land, water right, or other property necessary or desirable to provide the services contemplated by a privatization project, including, without limitation, all related and appurtenant easements and rights-of-way, improvements, utilities, landscaping, sidewalks, roads, curbs and gutters, and equipment and furnishings. See Utah Code 73-10d-3
• Governing authority: means the persons, board, body, or entity in which the legislative powers of a political subdivision are vested. See Utah Code 73-10d-3
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Long-term agreement: means an agreement or contract having a term of more than five years and less than 50 years. See Utah Code 73-10d-3
• Municipality: means any incorporated city or town in the state, including cities or towns operating under home rule charters. See Utah Code 73-10d-3
• 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
• Political subdivision: means the state or any municipality, county improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under the Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of the state. See Utah Code 73-10d-3
• 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
• Privatization project: means all or part of any drinking water, water, or wastewater project which is owned or operated by a private owner/operator, and provides the related services to political subdivisions. See Utah Code 73-10d-3
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• 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
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
       (31)(a) this chapter; or
       (31)(b)

            (31)(b)(i) this chapter; and

            (31)(b)(ii)

                 (31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;

                 (31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;

                 (31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;

                 (31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;

                 (31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;

                 (31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;

                 (31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;

                 (31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;

                 (31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;

                 (31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;

                 (31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or

                 (31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
• 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
• Statute: A law passed by a legislature.
• Supervising agency: means the Water Development Coordinating Council created in Section 73-10c-3. See Utah Code 73-10d-3
• 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
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Wastewater project: means any sewer, 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 related structures and facilities. See Utah Code 73-10d-3
• 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
• Waters of this state: means any stream, lake, pond, marsh, watercourse, waterway, well, spring, irrigation system, drainage system, or other body or accumulation of water, whether surface, underground, natural, artificial, public or private, or other water resource of the state, which is contained within or flows in or through the state. See Utah Code 73-10d-3
• 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