Terms Used In Utah Code > Title 34 > Chapter 44 - Sales Representative Commission Payment Act

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Business relationship: means an agreement that governs the relationship of principal and sales representative. See Utah Code 34-44-102
• Commission: means :

  (a)	compensation: (i)  that accrues to a sales representative; (ii)  for payment by a principal; and (iii)  at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or

  (b)

  any other method of compensation agreed to between a sales representative and a principal including: (i)  fees for services; and (ii)  a retainer. See Utah Code 34-44-102 Contract: A legal written agreement that becomes binding when signed. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Direct sales company: means a person that: (i)  sells, distributes, or supplies for consideration a good or service through participants: (A)  at different levels of distribution; or (B)  in accordance with a formula for compensating participants in whole or in part based on: (I)  the sale of a good or service; and (II)  the recruitment of or the performance or action of another participant; and (ii)  (A)  permits participants to recruit other participants to sell, distribute, or supply for consideration the person's good or service; or (B)  provides for commission, cross-commissions, override commissions, bonuses, refunds, dividends, or other consideration that is or may be paid as a result of: (I)  the sale of a good or service; or (II)  the recruitment of or the performance or action of another participant. See Utah Code 34-44-102 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101 Fraud: Intentional deception resulting in injury to another. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. participant: means an independent agent, contractor, or distributor. See Utah Code 34-44-102 Person: means :Utah Code 68-3-12.5 Principal: means a person who: (a)  engages in any of the following activities with regard to a product or service: (i)  manufactures; (ii)  produces; (iii)  imports; (iv)  sells; or (v)  distributes; (b)  establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and (c)  agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. sales representative: means a person who enters into a business relationship with a principal: (i)  to solicit orders for a product or a service described in Subsection (4)(a); and (ii)  under which the person is compensated, in whole or in part, by commission. See Utah Code 34-44-102 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute: A law passed by a legislature. termination: means the end of a business relationship between a sales representative and a principal, whether by: (a)  agreement; (b)  expiration of a time period; or (c)  exercise of a right of termination by either the principal or the sales representative. See Utah Code 34-44-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5