As used in ORS 650.005 to 650.100, unless the context requires otherwise: (1) Area franchise means a contract or agreement between a franchisor and a subfranchisor whereby the subfranchisor is granted the right, for a valuable consideration, to sell or negotiate the sale of franchises in the name or on behalf of the franchisor. (2) Control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (3) Director means Director of the Department of Consumer and Business Services. (4) Franchise means a contract or agreement, whether oral or written, by which: (a) A franchisee is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor; (b) The operation of the franchisees business pursuant to such plan or system is substantially associated with the franchisors trademark, service mark, trade name, logotype, advertising or other commercial symbol designating the franchisor of such plan or system; and (c) The franchisee is required to give to the franchisor a valuable consideration for the right to transact business pursuant to the plan or system. Payment for trading stamps in itself is not consideration for the right to transact business pursuant to a plan or system. (5) Franchisee means a person to whom a franchise is sold by a franchisor. (6) Franchisor means a person, including a subfranchisor, who sells a franchise for $100 or more to a franchisee or subfranchisor. (7) Offer or offer to sell includes every attempt to offer to dispose of, or solicitation of an offer to buy, a franchise or interest in a franchise for value. (8) Sale or sell includes every contract or agreement of sale of, contract to sell, or disposition of a franchise or interest in a franchise for value, but does not include the renewal or extension of an existing franchise without any material change in the terms thereof if there is no interruption in the operation of the franchised business by the franchisee. (9) Subfranchisor means a person to whom an area franchise is sold by a franchisor.
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