15 U.S.C. § 2801 : US Code - Section 2801: Definitions

Search 15 U.S.C. § 2801 : US Code - Section 2801: Definitions

As used in this subchapter:
(1)(A) The term "franchise" means any contract -
(i) between a refiner and a distributor,
(ii) between a refiner and a retailer,
(iii) between a distributor and another distributor, or
(iv) between a distributor and a retailer,
under which a refiner or distributor (as the case may be)
authorizes or permits a retailer or distributor to use, in
connection with the sale, consignment, or distribution of motor
fuel, a trademark which is owned or controlled by such refiner or
by a refiner which supplies motor fuel to the distributor which
authorizes or permits such use.
(B) The term "franchise" includes -
(i) any contract under which a retailer or distributor (as the
case may be) is authorized or permitted to occupy leased
marketing premises, which premises are to be employed in
connection with the sale, consignment, or distribution of motor
fuel under a trademark which is owned or controlled by such
refiner or by a refiner which supplies motor fuel to the
distributor which authorizes or permits such occupancy;
(ii) any contract pertaining to the supply of motor fuel which
is to be sold, consigned or distributed -
(I) under a trademark owned or controlled by a refiner; or
(II) under a contract which has existed continuously since
May 15, 1973, and pursuant to which, on May 15, 1973, motor
fuel was sold, consigned or distributed under a trademark owned
or controlled on such date by a refiner; and
(iii) the unexpired portion of any franchise, as defined by the
preceding provisions of this paragraph, which is transferred or
assigned as authorized by the provisions of such franchise or by
any applicable provision of State law which permits such transfer
or assignment without regard to any provision of the franchise.
(2) The term "franchise relationship" means the respective motor
fuel marketing or distribution obligations and responsibilities of
a franchisor and a franchisee which result from the marketing of
motor fuel under a franchise.
(3) The term "franchisor" means a refiner or distributor (as the
case may be) who authorizes or permits, under a franchise, a
retailer or distributor to use a trademark in connection with the
sale, consignment, or distribution of motor fuel.
(4) The term "franchisee" means a retailer or distributor (as the
case may be) who is authorized or permitted, under a franchise, to
use a trademark in connection with the sale, consignment, or
distribution of motor fuel.
(5) The term "refiner" means any person engaged in the refining
of crude oil to produce motor fuel, and includes any affiliate of
such person.
(6) The term "distributor" means any person, including any
affiliate of such person, who -
(A) purchases motor fuel for sale, consignment, or distribution
to another; or
(B) receives motor fuel on consignment for consignment or
distribution to his own motor fuel accounts or to accounts of his
supplier, but shall not include a person who is an employee of,
or merely serves as a common carrier providing transportation
service for, such supplier.
(7) The term "retailer" means any person who purchases motor fuel
for sale to the general public for ultimate consumption.
(8) The term "marketing premises" means, in the case of any
franchise, premises which, under such franchise, are to be employed
by the franchisee in connection with sale, consignment, or
distribution of motor fuel.
(9) The term "leased marketing premises" means marketing premises
owned, leased, or in any way controlled by a franchisor and which
the franchisee is authorized or permitted, under the franchise, to
employ in connection with the sale, consignment, or distribution of
motor fuel.
(10) The term "contract" means any oral or written agreement. For
supply purposes, delivery levels during the same month of the
previous year shall be prima facie evidence of an agreement to
deliver such levels.
(11) The term "trademark" means any trademark, trade name,
service mark, or other identifying symbol or name.
(12) The term "motor fuel" means gasoline and diesel fuel of a
type distributed for use as a fuel in self-propelled vehicles
designed primarily for use on public streets, roads, and highways.
(13) The term "failure" does not include -
(A) any failure which is only technical or unimportant to the
franchise relationship;
(B) any failure for a cause beyond the reasonable control of
the franchisee; or
(C) any failure based on a provision of the franchise which is
illegal or unenforceable under the law of any State (or
subdivision thereof).
(14) The terms "fail to renew" and "nonrenewal" mean, with
respect to any franchise relationship, a failure to reinstate,
continue, or extend the franchise relationship -
(A) at the conclusion of the term, or on the expiration date,
stated in the relevant franchise;
(B) at any time, in the case of the relevant franchise which
does not state a term of duration or an expiration date; or
(C) following a termination (on or after June 19, 1978) of the
relevant franchise which was entered into prior to June 19, 1978,
and has not been renewed after such date.
(15) The term "affiliate" means any person who (other than by
means of a franchise) controls, is controlled by, or is under
common control with, any other person.
(16) The term "relevant geographic market area" includes a State
or a standard metropolitan statistical area as periodically
established by the Office of Management and Budget.
(17) The term "termination" includes cancellation.
(18) The term "commerce" means any trade, traffic,
transportation, exchange, or other commerce -
(A) between any State and any place outside of such State; or
(B) which affects any trade, transportation, exchange, or other
commerce described in subparagraph (A).
(19) The term "State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and any other commonwealth,
territory, or possession of the United States.