- 26 - Respondent speculates that PB&T paid only petitioner's costs for advertising in Alumnus, but the record does not so indicate. Respondent contends that petitioner and PB&T had an understanding that petitioner would participate in advertising the credit cards. This contention is at odds with the contracts between PB&T and petitioner and Grafton’s and Brown’s testimony that there was no unwritten understanding. Petitioner did not participate in advertising the credit cards. 8. Mailing List With MSU Students and Faculty Respondent contends that petitioner gathered and gave to PB&T the names and addresses of MSU faculty and the parents of MSU students, that those names were not in petitioner's data base, and that doing so was a service to PB&T. Respondent's contention is speculative and based in part on the fact that petitioner billed PB&T for 4,000 envelopes and sheets of petitioner's stationery and for 3,124 mailing labels for the MSU faculty and staff. There was no testimony about this bill. A handwritten note on it says that it was for stationery and supplies; it does not say that it was for services. 9. Olympic Gold Coin Program Respondent contends that petitioner's participation in the Olympic gold coin program shows that the payments from PB&T were not royalties. We disagree. PB&T received a solicitation from a vendor and offered to share with petitioner any commissions for orders it received from petitioner's members. There were noPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011