"Marketplace" means a forum, whether physical or electronic, that a marketplace facilitator uses to connect sellers to purchasers for the purpose of making retail transactions involving a seller's products (including tangible personal property, specified digital products, rooms, lodgings, or accommodations, or enumerated services), by means of any of the following:
- (1) Listing, making available, or advertising products.
- (2) Transmitting or otherwise communicating an offer or acceptance of a retail transaction of products between a seller and a purchaser.
- (3) Providing or offering fulfillment or storage services for a seller.
- (4) Setting prices for a seller's sale of the seller's products.
- (5) Providing or offering customer service to a seller or a seller's customers, or accepting or assisting with taking orders, returns, or exchanges of products sold by a seller.
- (6) Branding sales as those of the marketplace facilitator.
As added by P.L.108-2019, SEC.106.