Section 339-C:1 Definitions.
In this chapter:
I. ""Agreement'' means any written agreement between a supplier and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by the supplier.
II. ""Commission agent'' means a person who receives remuneration for his services in the form of a commission. The commission may be in the form of a percentage, a set fee, or a rate.
III. ""Dealer'' means any person who is not a petroleum supplier and who is engaged in the retail sale of gasoline to the motoring public in the state under agreements entered into with a petroleum supplier.
IV. ""Distributor'' means a person, other than a major oil company, who is engaged in commerce in the state, marketing petroleum products through the sale, consignment or distribution of such products to wholesale and retail accounts.
V. ""Franchise'' means the right of a dealer to operate a business under an agreement, and shall include both dealers who own and dealers who lease the premises on which the franchise is operated.
VI. ""Major brand'' means the trademark name of a company's product which is sold, consigned, or distributed and which is controlled or owned by a supplier.
VII. ""Person'' means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, 2 or more of the foregoing having a joint or common interest, or any other legal or commercial entity.
VIII. ""Retail service station'' means any service station, garage, or retail outlet which sells automotive gasoline and diesel fuel to the general public for ultimate consumption.
IX. ""Secondary brand'' means the trademark name of a second brand owned and controlled by a supplier and which is sometimes used as an alternative operating brand name under certain circumstances.
X. ""Special modification'' means a temporary adjustment of the normal rental rate.
XI. ""Supplier'' means any person, other than a distributor, engaged in the sale, consignment or distribution of petroleum products to retail service stations.
XII. ""Unbranded station'' means any retail service station, which sells gasoline under a private label trade name.
Source. 1974, 24:1. 1983, 456:1, eff. Oct. 1, 1983.