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is an independent contractor and as such * * *
[petitioner] has no direction and control over the
personnel or business activities of * * * [publisher].
* * * [publisher] is not the agent of * * *
[petitioner] and shall not incur any expenses, bills,
indebtedness or obligations for or in the name of * * *
[petitioner] and shall save * * * [petitioner] harmless
from any liability whatsoever as a result of * * *
[publisher’s] business activities.
The manner in which the parties to an agreement designate
their relationship is not controlling. Board of Trade v. Hammond
Elevator Co., 198 U.S. 424, 437 (1905). A true agency
relationship may be established despite the parties' designation
to the contrary. See id. at 438 (quoting Connecticut Mutual Life
Insurance Co. v. Spratley, 172 U.S. 602, 615 (1899)).
In the instant case, we conclude that the agreements
manifested an intent that BWE and McKnight would act on behalf of
petitioner in conducting the sale of advertising. The agreements
provided that BWE or McKnight (as the case might be) "has full
authority to use the good name of * * * [petitioner] during the
course of the earnings program." Additionally, the agreements
provided a payment collection procedure in which "All checks or
money orders received as a result of the solicitation shall only
be made payable to * * * [petitioner]." By providing BWE and
McKnight with the authority to use petitioner's name and to
collect petitioner's solicitation payments, the agreements
authorized those companies to act on behalf of petitioner in
conducting the sale of advertising.
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