- 48 - “Standard Rate and Data” publication (hereinafter sometimes referred to as SRD). SRD is a direct mail industry advertising publication that sets forth the characteristics of a number of mailing lists available for rental, the rental rates, and the name and telephone number of the particular list owner or list owner’s agent to contact. When petitioner as lessee used names that W&H obtained from outside list owners either through exchanges of petitioner’s housefile list names or exchanges of non-petitioner names on the W&H masterfile, W&H charged petitioner the outside list owner’s currently advertised SRD- published rental rate for the names furnished to petitioner or, if no current SRD-published rental rate existed for the names furnished to petitioner, W&H’s currently advertised SRD-published rental rate for the names W&H gave up in the exchange transaction. Generally, by engaging in an exchange transaction, a list owner is able to obtain additional names at a significantly cheaper cost than it would otherwise incur to use the names as a lessee in a rental transaction. For instance, in a typical exchange transaction, the two list owners involved might agree that each would furnish to the other 10,000 of their respective housefile list names that meet certain prescribed specifications. The two owners would not pay one another any cash fee; the only costs an owner would incur include computer-related production costs for a computer tape or mailing labels containing the 10,000Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
Last modified: May 25, 2011