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with respect to economic and social conditions, results of
agricultural research, methods of producing, marketing, and
selling agricultural products, and methods for financing
agricultural operations; (2) provide education, including
education for the purpose of promoting the marketing and sale of
agricultural products handled by Landmark; (3) make available to
Landmark its mailing list; (4) maintain a publicity department to
encourage the handling of Landmark merchandise; (5) publish
advertisements of Landmark (at standard advertising rates) and
news items about Landmark (as offered and agreed upon) in its
news publication; (6) maintain a public relations program
relating to farm cooperatives; and (7) promote research in
agricultural fields and cooperatives generally. In consideration
of the performance of these services by petitioner, Landmark
agreed to pay the sum of 1/4 of 1 percent of its purchasing
volume and 1/16 of 1 percent of its marketing volume.
The November 15, 1949, contract represented the first
written agreement between the parties; however, the working
relationship memorialized in the agreement actually predated the
writing. The written service contract was amended on January 1,
1980, and again on December 5, 1981. The only material change
made by these amendments was in the calculation of the fee to be
paid to petitioner. The 1980 amendment changed the amount of the
fee to a percentage of Landmark’s gross margin, and the 1981
amendment changed the amount to correspond to a fixed payment
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Last modified: May 25, 2011