Definitions.

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As used in the Sales Representatives Recognition Act:

1. "Commission" means compensation accruing to a person for payment by another person, the rate of which is expressed as a percentage of the dollar amount of orders, sales or profits;

2. "Principal" means any person who does not have a permanent or fixed place of business in this state and who does all of the following:

  • a.Engages in the business of manufacturing, producing, importing or distributing one or more products for sale to customers who purchase products for resale,
  • b.Utilizes one or more sales representatives to solicit wholesale orders for those products, and
  • c.Compensates the sales representatives in whole or in part by commission; and

3. "Sales representative" means a person who contracts with a principal to solicit wholesale orders for a product within this state and who is compensated, in whole or in part, by commission. "Sales representative" does not include a person who places orders for or purchases the product for his own account for resale, a person who is an employee of a principal, or a person who sells the product to the ultimate consumer.

Added by Laws 1989, c. 268, § 2, eff. Nov. 1, 1989.


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