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Section 6-58-1. – Definitions.

§ 6-58-1. Definitions. As used in this title, unless the context otherwise requires: (1) “Agreement” means a written contractual agreement between the merchant and the third-party delivery service. (2) “Customer” means the person, business, or other entity that places an order for merchant products through the marketplace. (3) “Likeness” means identifiable symbols attributed and easily […]

Section 6-58-2. – Third-Party use of merchant trademarks and likeness.

§ 6-58-2. Third-Party use of merchant trademarks and likeness. A third-party delivery service may not use the likeness, registered trademark, or any intellectual property belonging to the merchant to falsely suggest sponsorship or endorsement by, or affiliation with the merchant. History of Section.P.L. 2021, ch. 379, § 1, effective October 11, 2021; P.L. 2021, ch. […]

Section 6-58-3. – Merchant consent.

§ 6-58-3. Merchant consent. A third-party delivery service may not take orders and arrange for the delivery of merchant products through the third-party delivery service’s marketplace without obtaining the written consent of the merchant. History of Section.P.L. 2021, ch. 379, § 1, effective October 11, 2021; P.L. 2021, ch. 380, § 1, effective October 11, […]

Section 6-58-4. – Indemnity agreement void.

§ 6-58-4. Indemnity agreement void. No agreement entered into in accordance with this chapter shall include a provision, clause, or covenant that requires a merchant to indemnify a third-party delivery service, any independent contractor or agent of the third-party delivery service, for any damages or harm caused by the third-party delivery service or any independent […]

Section 6-58-5. – Enforcement — Penalties.

§ 6-58-5. Enforcement — Penalties. (a) Any merchant whose likeness was used by the third-party delivery service, or who appears on a third-party delivery service’s marketplace, in violation of this chapter, may bring an action in the superior court of the county in which the merchant or third-party delivery service is found, or in the […]

Section 6-58-6. – Uniformity.

§ 6-58-6. Uniformity. No municipality shall establish, mandate, or implement any law inconsistent with the provisions of this chapter. History of Section.P.L. 2021, ch. 379, § 1, effective October 11, 2021; P.L. 2021, ch. 380, § 1, effective October 11, 2021.