In connection with an offer to sell or sale of a business opportunity, a person may not use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of a business unless:

(1) the business controls the ownership interest in the seller;

(2) the business accepts responsibility for each representation that the seller makes about the business opportunity; or

(3) it is clear from the circumstances that the owner of the commercial symbol is not involved in the sale of the business opportunity.