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computer services. Triplex provides similar services to both
nonprofit and commercial entities on the same terms.
Petitioner retains the services of Names in the News
(Names), a professional list manager and list broker that
regularly handles both nonprofit and commercial mailing lists.
As petitioner's list manager, Names promotes list rental
transactions involving petitioner's rental list via distribution
of data cards (printed cards providing basic information as to
price per thousand and all other list rental information for a
given list), solicitations, and personal sales calls directed at
list brokers and potential customers. Names pays all costs of
promoting and marketing petitioner's rental list and does not
charge petitioner additional fees for such services. Petitioner
reviews all data cards containing significant new information.
In addition to promoting and marketing petitioner's rental list,
Names coordinates any rental transactions involving petitioner's
rental list.
No written contract exists between petitioner and Names.
However, the form language on Names' list orders during 1991 and
1992 states: "We will bill mailer on behalf of list owner;
payment (less commission) will be made upon receipt of payment
from the mailer. We act only as agent for the list owner in
these transactions." During 1993, Names changed that language to
state: "We will bill mailer on behalf of list owner; payment
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Last modified: May 25, 2011