Title 10, Chapter 1, Section 676
( 10-1-676)
As used in this article, the term: (1) "Distributor" or "wholesaler" means any person, company, or
corporation who sells or distributes marine products to marine
dealers and who maintains distributor representatives within the
state. (2) "Franchise" means an oral or written agreement for definite or
indefinite period of time in which a manufacturer grants to a
marine dealer permission to use a trade name, service mark, or
related characteristic and in which there is a community of
interest in the marketing of marine products or services related
thereto at wholesale or retail, whether by leasing, sale, or
otherwise. (3) "Manufacturer" means any person, firm, association,
corporation, or trust, resident or nonresident, that fabricates,
manufactures, or assembles new and unused marine products. It does
not include a person, firm, association, corporation, or trust
which converts, modifies, or otherwise alters a marine product
manufactured by another person, firm, association, corporation, or
trust. (4) "Manufacturer sales representative" means any officer, agent,
or employee employed by a person, firm, association, corporation,
or trust that fabricates, manufactures, or assembles marine
products or by a factory branch for the purpose of making or
promoting the sale of marine products or supervising or contacting
marine dealers or prospective dealers. (5) "Marine dealer" means any person who holds a bona fide
contract, agreement, or franchise with a manufacturer or
distributor of marine products. (6) "Marine product" means a new or used watercraft, boat, vessel,
or motor primarily designed for recreational or commercial use on
water. The term also includes an outboard motor or a boat
outfitted with an inboard or outboard motor. The term shall not
mean a watercraft designed primarily for commercial use. |