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D. Performance Under the 1987 Agreement
1. Establishing Affinity Credit Card Accounts
PB&T processed applications, established and loaded accounts
on its computer system, produced credit cards, accepted and
posted transactions, generated statements, and processed
payments. Petitioner did none of this work.
2. Endorsements, Solicitations, and Promotions
PB&T drafted and sent letters to promote the affinity credit
cards to petitioner's members in March or April 1988. In April
1989, PB&T drafted and sent letters endorsing the affinity credit
card to parents of MSU students. That letter stated that
petitioner offered the credit cards in cooperation with PB&T and
urged parents to apply for cards for their students. Each letter
was printed on petitioner's letterhead and had a facsimile of
Grafton's signature.
PB&T developed solicitation materials during the years in
issue. Grafton reviewed these materials for accuracy, quality,
style, and consistency with petitioner's position. It took him 3
to 5 minutes to review an endorsement letter prepared by PB&T.
He did not make changes to those letters.
At petitioner's suggestion, PB&T mailed promotional material
to MSU's faculty and staff. On June 2, 1988, petitioner billed
PB&T $226.28 for 4,000 envelopes, $78.12 for 4,000 sheets of
stationery, and $93.72 for 3,124 address labels for faculty and
staff of MSU that petitioner provided to PB&T for this mailing.
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