; and (iii) (I) each such person exerts actual direction or control, directly or indirectly, over any material term or condition of employment of the worker, 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 worker, including through an intermediary; (III) each such person is legally capable, without regard as to whether such capability is used, of directly or indirectly— (aa) exerting direction or control over any material term or condition of employment of the worker; (bb) ensuring compliance with the requirements of this Act with regard to the worker's performance of such labor; or (cc) upholding the rights and protections of this Act with regard to the worker’s performance of such labor