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he had received from the United States National Bank of Oregon
(USNB) and another financial institution. Wirth and Super wanted
their organizations to develop an affinity credit card program.
Petitioner and the AAUO formed a committee to solicit
proposals from several banks and to select a plan. Petitioner
and the AAUO formed the committee to increase their bargaining
power and to avoid duplication of effort. The committee was
headed by Wirth and Super. Its members were volunteers from both
organizations. After reviewing 8 to 10 plans, the committee
chose USNB's plan. After negotiations, the parties signed an
Affinity Credit Card Agreement1 (the Agreement) on June 23, 1987.
On September 30, 1987, USNB held a press conference and
issued a news release announcing the affinity credit card
program. One of petitioner's representatives gave a brief speech
at the press conference. Petitioner did not otherwise inform the
news media of the credit card program.
USNB entered into the Agreement primarily to make money.
Its objectives in signing the Agreement were to gain access to
petitioner's mailing list and to obtain petitioner's endorsement.
USNB believed that it would be easier to market credit cards
1 The Agreement was amended on Apr. 26, 1991. The parties
changed the word "fees" to "royalties" in par. 4 of the
Agreement. Neither party contends that the amendment affects any
issue in dispute.
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