(1) As used in this subchapter:(1) “Online marketplace” means a person that:(A) Provides an online application, software, website, system, or other medium through which a service is advertised or is offered to the public as available in this state;(B) Provides, directly or indirectly, or maintains a platform for services by:(i) Transmitting or otherwise communicating the offer or acceptance of a transaction between two (2) platform users; or(ii) Owning or operating the electronic infrastructure or technology that brings two (2) or more platform users together;(C) If engaged in the sale or offering of online marketplace guarantees, engages only in a manner that is ancillary to the conduct of its primary legitimate business or activity; and(D) Provides services not provided as a state or local government entity or vendor;(2) “Online marketplace guarantee” means a contract or agreement issued in connection with an online marketplace, whether or not for a separate consideration, to guarantee a platform user's obligation to repair, replace, or indemnify another platform user for any damages or loss of income arising out of use of the online marketplace, with or without additional provision for incidental payment of indemnity;(3) “Person” means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert;(4) “Platform contract holder” means a platform user who is the beneficiary or holder of an online marketplace guarantee;(5) “Platform user” means a user of an online marketplace who is subject to the online marketplace's terms of service;(6) “Provider” means an online marketplace or an affiliate or representative of an online marketplace that issues, makes, provides, sells, or offers to sell as well as administers, either directly or through a third party, an online marketplace guarantee;(7) “Reimbursement insurance policy” means a policy of insurance issued to a provider and under which the insurer agrees, for the benefit of platform contract holders, to discharge all of the obligations and liabilities of the provider under the terms of the online marketplace guarantee in the event of nonperformance by the provider; and(8) (A) “Separate consideration” means a separately stated consideration paid to a provider for an online marketplace guarantee that is paid at the voluntary election of the person purchasing the online marketplace guarantee.(B) “Separate consideration” does not include a revenue sharing agreement between a provider and platform user or any consideration collected by the online marketplace that is primarily related to the underlying service provided by the online marketplace.
(1) “Online marketplace” means a person that:(A) Provides an online application, software, website, system, or other medium through which a service is advertised or is offered to the public as available in this state;(B) Provides, directly or indirectly, or maintains a platform for services by:(i) Transmitting or otherwise communicating the offer or acceptance of a transaction between two (2) platform users; or(ii) Owning or operating the electronic infrastructure or technology that brings two (2) or more platform users together;(C) If engaged in the sale or offering of online marketplace guarantees, engages only in a manner that is ancillary to the conduct of its primary legitimate business or activity; and(D) Provides services not provided as a state or local government entity or vendor;
(A) Provides an online application, software, website, system, or other medium through which a service is advertised or is offered to the public as available in this state;
(B) Provides, directly or indirectly, or maintains a platform for services by:(i) Transmitting or otherwise communicating the offer or acceptance of a transaction between two (2) platform users; or(ii) Owning or operating the electronic infrastructure or technology that brings two (2) or more platform users together;
(i) Transmitting or otherwise communicating the offer or acceptance of a transaction between two (2) platform users; or
(ii) Owning or operating the electronic infrastructure or technology that brings two (2) or more platform users together;
(C) If engaged in the sale or offering of online marketplace guarantees, engages only in a manner that is ancillary to the conduct of its primary legitimate business or activity; and
(D) Provides services not provided as a state or local government entity or vendor;
(2) “Online marketplace guarantee” means a contract or agreement issued in connection with an online marketplace, whether or not for a separate consideration, to guarantee a platform user's obligation to repair, replace, or indemnify another platform user for any damages or loss of income arising out of use of the online marketplace, with or without additional provision for incidental payment of indemnity;
(3) “Person” means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert;
(4) “Platform contract holder” means a platform user who is the beneficiary or holder of an online marketplace guarantee;
(5) “Platform user” means a user of an online marketplace who is subject to the online marketplace's terms of service;
(6) “Provider” means an online marketplace or an affiliate or representative of an online marketplace that issues, makes, provides, sells, or offers to sell as well as administers, either directly or through a third party, an online marketplace guarantee;
(7) “Reimbursement insurance policy” means a policy of insurance issued to a provider and under which the insurer agrees, for the benefit of platform contract holders, to discharge all of the obligations and liabilities of the provider under the terms of the online marketplace guarantee in the event of nonperformance by the provider; and
(8) (A) “Separate consideration” means a separately stated consideration paid to a provider for an online marketplace guarantee that is paid at the voluntary election of the person purchasing the online marketplace guarantee.(B) “Separate consideration” does not include a revenue sharing agreement between a provider and platform user or any consideration collected by the online marketplace that is primarily related to the underlying service provided by the online marketplace.
(A) “Separate consideration” means a separately stated consideration paid to a provider for an online marketplace guarantee that is paid at the voluntary election of the person purchasing the online marketplace guarantee.
(B) “Separate consideration” does not include a revenue sharing agreement between a provider and platform user or any consideration collected by the online marketplace that is primarily related to the underlying service provided by the online marketplace.