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during the years at issue. The University of Oregon Printing
Department: (a) Printed and mailed a letter and brochure
supplied by USNB to 63,451 alumni in 1988; (b) printed and mailed
a letter prepared and supplied by USNB to about 14,500 University
of Oregon students in 1988; and (c) printed and mailed a letter
and brochure supplied by USNB to 39,900 University of Oregon
alumni in 1990. USNB fully reimbursed petitioner for all costs
associated with these mailings.
Petitioner was not obligated by the Agreement to print and
mail these materials but did so because it cost less than the
direct mail house USNB hired, USNB did not have enough in-house
printing and mailing capacity, and the University of Oregon
Printing Department was convenient to the parties. Both USNB
and petitioner hoped to benefit from the mailings.
Petitioner's mailings were not as sophisticated as USNB's
because the cardholder's accounts were not preapproved, they did
not contain some material recommended by professional marketers,
they were not in full color, and they were of ordinary size.
USNB received more positive responses from its mailings than it
did from petitioner's mailings. Ninety-five percent of the
cardholders became cardholders because of USNB's marketing
efforts.
Petitioner included information about the affinity credit
card program in its membership application materials. Petitioner
published information about the affinity credit card program in
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Last modified: May 25, 2011