; (B) each such person directly or indirectly benefits or seeks to directly or indirectly benefit from the performance of labor by the service employee; and (C) (i) each such person exerts actual direction or control, directly or indirectly, over any material term or condition of employment of the service employee, including through an intermediary; (ii) each such person exerts functional direction or control, directly or indirectly, over any material term or condition of employment of the service employee, including through an intermediary; (iii) each such person is legally capable, without regard as to whether such capability is used, of directly or indirectly— (I) exerting direction or control over any material term or condition of employment of the service employee; (II) ensuring compliance with the requirements of this chapter with regard to the service employee's performance of such labor; or (III) upholding the rights and protections of this chapter with regard to the service employee's performance of such labor