; and (B) does not include any associate member or a member that is not a full member under the Streamlined Sales and Use Tax Agreement. (6) National certified software provider The term national certified software provider means a certified software provider that has been certified by all States that are certifying States. A certifying State is a State that has a generally applicable sales and use tax, that has met the requirements set forth under section 3(g)(1), and that has not violated the requirements set forth in section 3(g)(2). Once a certified software provider is a national certified software provider, it shall not lose its status as such when a State becomes a certifying State so long as the national certified software provider requested certification from the new certifying State within 30 days from the date that the State became a certifying State and the certifying State has not violated section 3(g)(2). (7) Person The term person means an individual, trust, estate, fiduciary, partnership, corporation, limited liability company, or other legal entity, and a State or local government. (8) Remote sale The term remote sale means a sale that originates in one State and is sourced to another State as provided in section 4(10) which the seller would not legally be required to pay, collect, or remit State or local sales and use taxes without the authority provided by this Act. (9) Remote seller The term remote seller means a person that makes remote sales in the State without a physical presence. For purposes of this paragraph, a person has a physical presence in a State only if such person’s business activities in the State include any of the following during such person’s taxable year: (A) Being an individual physically in the State, or assigning one or more employees to be in the State. (B) Using the services of an agent (excluding an employee) to establish or maintain the market in the State, if such agent does not perform business services in the State for any other person during such taxable year.