WILLIAM DONALD SCHAEFER, Governor

Ch. 291

3-603.

A provision of a contract that is made between a sales representative and a principal
[and that] IS VOID IF THE PROVISION purports to waive any provision of this subtitle
[is void] BY:

(1)      AN EXPRESS WAIVER; OR

(2)      A CONTRACT SUBJECT TO THE LAWS OF ANOTHER STATE.

3-604.

Each principal shall pay to a sales representative all commissions that are due under
a contract that is terminated, within {45} 44 days after payment would have been due if
the contract had not terminated.

3-605.

(a)     (1) Subject to the requirement of paragraph (2) of this subsection, if a
principal violates § 3-604 of this subtitle, a sales representative whom the violation affects
is entitled to bring an action against the principal to recover up to 3 times the amount of
ail commissions that the principal owes to the sales representative.

(2) At least 10 days before an action is brought under this subsection, the
sales representative shall give the principal written notice of intent to bring the action.

(b)     If a court determines that a sales representative is entitled to judgment in an
action under this section, the court shall allow against the principal reasonable counsel
fees and court costs.

3-606.

FOR PURPOSES OF PERSONAL JURISDICTION UNDER § 6-103 OF THE COURTS
ARTICLE, A PRINCIPAL WHO CONTRACTS WITH A SALES REPRESENTATIVE TO
SOLICIT WHOLESALE ORDERS FOR A PRODUCT IN THE STATE IS CONSIDERED TO BE
TRANSACTING BUSINESS IN THE STATE.

3-607.

(A) IF A PRINCIPAL MAKES A REVOCABLE OFFER OF A COMMISSION TO A
SALES REPRESENTATIVE WHO IS NOT AN EMPLOYEE OF THE PRINCIPAL, THE SALES
REPRESENTATIVE IS ENTITLED TO THE COMMISSION AGREED ON IF:

(1)      THE PRINCIPAL REVOKES THE OFFER OF COMMISSION AND THE
SALES REPRESENTATIVE ESTABLISHES THAT THE REVOCATION WAS FOR THE
PURPOSE OF AVOIDING PAYMENT OF THE COMMISSION; OR

(2)      (I) THE REVOCATION OCCURS AFTER THE SALES
REPRESENTATIVE HAS OBTAINED A WRITTEN ORDER FOR THE PRINCIPAL'S
PRODUCT BECAUSE OF THE EFFORTS OF THE SALES REPRESENTATIVE; AND

(II) THE PRINCIPAL'S PRODUCT THAT IS THE SUBJECT OF THE
ORDER IS SHIPPED TO AND PAID FOR BY A CUSTOMER.

- 1783 -