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Session Laws, 1996
Volume 794, Page 3998   View pdf image
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S.B. 380                                                  VETOES

BEGINNING ANY TIME BEFORE COMMENCING OPERATIONS AND ENDING 6 MONTHS
AFTER COMMENCING OPERATIONS OF THE BUSINESS; AND

(3) THE SELLER REPRESENTS, DIRECTLY OR INDIRECTLY, ORALLY OR
IN WRITING, THAT:

1. (I) THE SELLER OR A PERSON RECOMMENDED OR
REFERRED BY THE SELLER WILL HELP THE BUYER IN FINDING LOCATIONS FOR THE
USE OR OPERATION OF VENDING MACHINES, RACKS, DISPLAY CASES, OR OTHER
SIMILAR DEVICES ON PREMISES THAT ARE NOT OWNED OR LEASED BY THE BUYER
OR SELLER;

2. (II) THE SELLER OR A PERSON RECOMMENDED OR
REFERRED BY THE SELLER WILL HELP THE BUYER IN FINDING OUTLETS OR
ACCOUNTS FOR THE BUYER'S PRODUCTS OR SERVICES;

3. (III) THE SELLER OR A PERSON SPECIFIED BY THE
SELLER WILL BUY PRODUCTS MADE, PRODUCED, FABRICATED, GROWN, BRED, OR
MODIFIED BY THE BUYER;

4. (IV) THE SELLER GUARANTEES THAT THE BUYER WILL
RECEIVE FROM THE BUSINESS INCOME AN AMOUNT THAT EXCEEDS THE PRICE PAID
TO THE SELLER;

5. (V) IF THE BUYER IS NOT SATISFIED WITH THE
BUSINESS, THE SELLER WILL REFUND ALL OR PART OF THE PRICE PAID TO THE
SELLER, OR REPURCHASE ANY OF THE PRODUCTS, EQUIPMENT, OR SUPPLIES
PROVIDED BY THE SELLER OR A PERSON RECOMMENDED OR REFERRED BY THE
SETTER; OR

6. (VI) THE SELLER WILL PROVIDE A MARKETING PLAN.

(C) "MARKETING PLAN" MEANS ADVICE OR TRAINING THAT A SELLER OR A
PERSON RECOMMENDED OR REFERRED BY THE SELLER PROVIDES TO THE BUYER,
RELATING TO THE SALE OF ANY PRODUCTS, EQUIPMENT, SUPPLIES, OR SERVICES,
AND THE ADVICE OR TRAINING INCLUDES PREPARING OR PROVIDING:

(1)     PROMOTIONAL LITERATURE, BROCHURES, PAMPHLETS, OR
ADVERTISING MATERIALS;

(2)     TRAINING REGARDING THE PROMOTION, OPERATION, OR
MANAGEMENT OF THE BUSINESS OPPORTUNITY; OR

(3)      OPERATIONAL, MANAGERIAL, OR FINANCIAL GUIDELINES OR
ASSISTANCE

[(c)] (D) "Buyer" means a person who buys or leases products, equipment,
supplies, or services in connection with a business opportunity.

[(d)] (E) "Commissioner" means the Securities Commissioner in the office of the
Attorney General.

- 3998 -

 

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Session Laws, 1996
Volume 794, Page 3998   View pdf image
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