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customers may view, search, and place orders for the products
of merchants via the third party delivery service's website or
mobile application for delivery by the third party delivery
service to the customer.
"Merchant" means a restaurant, bar, or other retail
"Third-party delivery service" means a company,
organization, or entity outside of the operation of the
merchant's business that provides limited delivery services to
Third-party use of merchant likenesses and
A third-party delivery service may not purchase or
use the name, likeness, registered trademark, or intellectual
property belonging to a merchant, and may not take or arrange
for the pickup or delivery of an order from a merchant through
the marketplace, without first obtaining written consent from
Indemnity agreements void.
entered into pursuant to this Act may not include a provision
that requires a merchant to indemnify a third-party delivery
service, an independent contractor of the third-party delivery
service, or a registered agent of the third-party delivery
service for any damages or harm partially or wholly caused by
or resulting from the third-party delivery service, an
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independent contractor of the third-party delivery service, or
a registered agent of the third-party delivery service.
Enforcement and penalties.
(a) A merchant whose likeness is used, or pickup or
delivery is arranged through the marketplace, by a third-party
delivery service in violation of this Act may bring an action
in the circuit court in the county in which the merchant or
third-party delivery service conducts business to recover
actual damages or $5,000, whichever is greater. The court may,
in its discretion, award punitive damages and other equitable
relief it deems appropriate.
(b) The court may impose upon a third-party delivery
service found to have violated this Act a civil penalty of not
more than $1,000 per violation payable to the State. Each day a
violation occurs shall count as a separate violation.".