(a) "Agent" does not include an individual who engages in the solicitation or sale of automobile club memberships with respect to the general public only in connection with an associated consumer transaction, provided:
  (1) the automobile club membership is issued by an automobile club that has obtained an automobile club certificate of authority from the Office of the Secretary of State;
  (2) such individual is not compensated based primarily on the sale of the automobile club membership;
  (3) such individual may not alter the terms or conditions of the automobile club membership; and
  (4) the automobile club membership is not required to be purchased in order to complete the associated consumer transaction, and the consideration paid for the associated consumer transaction is not affected by the purchase of the automobile club membership.
(b) In this section, "Associated consumer transaction" means a retail exchange of goods or services, other than the automobile club membership, which is the basis of the relationship between such individual and the consumer.

Source Note: The provisions of this §75.10 adopted to be effective January 23, 2002, 27 TexReg 478; amended to be effective February 5, 2004, 29 TexReg 1189