New Hampshire § 358-E-1 - Section 358-E:1 Definitions.

§ 358-E-1. Section 358-E:1 Definitions.

As used in this chapter: I. [Repealed.] II. "Distributorship" means a contract or agreement, either express or implied, whether oral or written, by which the grantor, in exchange for the payment of a distributorship fee: (a) Grants the distributor the right to: (1) Offer, sell or distribute goods manufactured or supplied by the grantor through vending machines, racks, display cases, or other similar devices; or (2) Purchase from the grantor or an affiliate of the grantor an inventory of products for sale or distribution in or on such vending machines, racks, display cases, or other similar devices; or (3) Purchase or lease from the grantor or an affiliate of the grantor vending machines, racks, display cases, or other similar devices to be used for the sale or distribution of merchandise; and (b) Represents that it will provide locations or assist the distributor in finding locations for the use or operation of such vending machines, racks, display cases, or other similar devices on property owned, leased or controlled by a third party. III. "Person" means any person defined by RSA 358-A:1, I. IV. "Grantor" is a person who grants a distributorship or any agent or representative thereof. V. "Distributor" means a person to whom a distributorship is granted. VI. "Prospective distributor" means any person who approaches, or is approached by, a grantor for the purpose of investigating the prospect of establishing a distributorship between such person and such grantor. VII. "Distributorship fee" means a fee or charge that a distributor is required to pay or agrees to pay for the right to enter into a business under a distributorship agreement, including but not limited to payments for goods and services. "Distributorship fee" shall not include payments for the purchase of sales demonstration equipment and materials furnished on a nonprofit basis for use in making sales and not for resale.