Section 3-601 - Definitions.

§ 3-601. Definitions.
 

(a)  In general.- In this subtitle the following words have the meanings indicated. 

(b)  Commission.- "Commission" means compensation that: 

(1) is due to a sales representative from a principal; and 

(2) accrues at: 

(i) a specified amount for each order or sale; or 

(ii) a rate expressed as a percentage of the dollar amount that a sales representative: 

1. takes in orders for the principal; 

2. makes in sales for the principal; or 

3. earns in profits for the principal. 

(c)  Principal.- "Principal" means a sales corporation, partnership, proprietorship, or other business entity that: 

(1) distributes, imports, manufactures, or produces a product for wholesale; 

(2) enters into a contract with a sales representative to solicit a wholesale order for the product; and 

(3) pays the sales representative wholly or partly by commission. 

(d)  Sales representative.-  

(1) "Sales representative" means a person who: 

(i) enters into a contract with a principal to solicit in the State a wholesale order; and 

(ii) is paid wholly or partly by commission. 

(2) "Sales representative" does not include a person who: 

(i) buys a product or places an order for a product for resale by that person; or 

(ii) sells or takes an order for the sale of a product to an ultimate buyer. 
 

[An. Code 1957, art. 100, § 127; 1991, ch. 8, § 2; 1993, ch. 291.]