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Sierra Club could pay for direct mail or other solicitations.
Id. at 313. If the Sierra Club did so, any royalties payable by
ABS were adjusted. Id. ABS was responsible for soliciting
members. Id. at 337. ABS was obligated to develop all
promotional materials. If the Sierra Club paid production and
mailing costs, ABS would compensate it for those costs. Id. at
312. The agreement in Sierra Club required that the Sierra Club
fully cooperate with ABS by encouraging its members to acquire
and use the services. Id. at 313. Petitioner's activities are
substantially similar to those of the Sierra Club. Petitioner’s
solicitation activities were de minimis and were intended
primarily to protect petitioner’s relationship with its members
and to keep alumni aware of their ties to OSU.
b. Petitioner's Providing of Services To Promote
the Affinity Credit Card Program
Respondent contends that petitioner’s income from the credit
card activity was not a royalty because petitioner referred
occasional requests for credit card applications or complaints
about the denial of a credit card application to USNB; told
about 14 alumni to contact its offices if they needed further
assistance; and requested that USNB send preapproved applications
to certain alumni, expedite about eight applications, and
establish some credit limits above the standard. We disagree.
Petitioner's activities were de minimis and were done to protect
petitioner's goodwill with its members. When petitioner asked
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