Common Cause - Page 6




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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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