sec.138Meaning of marketing staff

sec.138 Meaning of marketing staff

A person is marketing staff of— a service provider, if the person— is an officer, employee, consultant or independent contractor or agent of the service provider; and is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities); an associate of a service provider, if the person— is an officer, employee, consultant or independent contractor or agent of the associate; and is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities). A person is not marketing staff of a service provider, or an associate of a service provider, if— the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider) is only to provide technical, administrative, legal and accounting services to that provider or associate; or the sale, marketing or advertising of pipeline services is only an incidental part of the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider). A person in the position of general manager of marketing of a service provider or an associate of a service provider would be marketing staff whereas a person in the position of chief executive officer, or chief financial officer, of a service provider or an associate of a service provider would not be marketing staff. s 138 amd 2022 No. 21 (SA) s 63 (sec.138-ssec.1) A person is marketing staff of— a service provider, if the person— is an officer, employee, consultant or independent contractor or agent of the service provider; and is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities); an associate of a service provider, if the person— is an officer, employee, consultant or independent contractor or agent of the associate; and is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities). (sec.138-ssec.2) A person is not marketing staff of a service provider, or an associate of a service provider, if— the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider) is only to provide technical, administrative, legal and accounting services to that provider or associate; or the sale, marketing or advertising of pipeline services is only an incidental part of the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider). A person in the position of general manager of marketing of a service provider or an associate of a service provider would be marketing staff whereas a person in the position of chief executive officer, or chief financial officer, of a service provider or an associate of a service provider would not be marketing staff.