Bus. & Prof. Code Section 7152 defines a "home improvement salesperson" as "a person employed by a home improvement contractor licensed under this chapter to solicit, sell, negotiate, or execute contracts for home improvements, for the sale, installation or furnishing of home improvement goods or services, or of swimming pools, spas, or hot tubs."
The code section does not define the term, "employed." Nor does any California Court of Appeals decision. Consequently, under well established rules of statutory interpretation, the term is defined by its plain meaning, which is a person who is subject to the control of an employer as to the manner and method of his labor. What this means is that if you are running a website (e.g., homeadvisor.com, angieslist.com, etc.), as an independent business, and you allow contractors to register for referrals in the system, without your specifically generating leads to the specifications of the contractors, then you are not subject to the contractors' control -- rather the contractors are simply using your website to advertise their services. Thus, you do not need to register as a home improvement salesperson.
Creating a specific contract for your website would depend on a thorough understanding of your particular business model. This is not something that can possibly be accomplished in this forum, because it is a bona fide legal service, which is unlawful to perform in this forum. Moreover, it would require hours of consideration and legal contract drafting. If that's something you would be interested in, I can send you an additional services offer, and we can take this offline (customary legal services fees will apply).
If not, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.
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