All enterprises subject to the Regulation, under the terms of section 4 of the Regulation, and any out-of-province enterprise that decides to become a mandated member in order to represent members subject to the Regulation, or any other enterprise that the SOGHU Board of Directors decides not to penalize by the Regulation, that is a Member of SOGHU in accordance with its internal bylaws and:
- markets a subject Product under a brand, name or distinctive sign which it owns;
- markets a subject Product under a brand, name or distinctive sign which it uses;
- is responsible for the design of a subject Product marketed under more than one brand, name or distinctive sign;
- acts as first supplier of a subject Product, whether or not it is the importer, in the cases covered by the third paragraph of section 2 of the Regulation;
- acquires subject Products outside Quebec or manufactures subject Products (including any such acquisition or manufacturing of subject Products by a municipality) for its own use;
- is part of a group of enterprises of the same chain, franchise or banner that market subject Products on the Quebec market under the same brand, banner or distinctive sign, or for which they act as first supplier;
- markets on the Quebec market, in one of the cases described above, a product of which at least one component is a subject Product, whether the main product is subject or not.
NOTE: A Mandated Contributor that joins SOGHU in accordance with its internal bylaws is also a Member.