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that the names it rents be selected by certain other criteria.
Selection criteria (special selections) include: Gender,
ethnicity, State, and ZIP code. Petitioner includes the special
selection information on its data cards. Triplex actually
performs the special selections. Triplex charges different fees
for performing different special selections and regularly
notifies petitioner of the fees for such selections. Petitioner
offers the special selections to mailers at the same price that
Triplex charges petitioner.
The mailer also determines the type of media on which it
receives petitioner's rental list. For the base price, the
mailer receives the rental list printed on Cheshire labels
(ungummed labels that are affixed by machine). For an extra fee,
the mailer can receive the rental list on pressure-sensitive
labels or on magnetic tape. Triplex charges petitioner extra
fees for the provision of the rental list on the different media.
Petitioner offers such media options to the mailer and charges
the mailer, as media fees, the same amount which Triplex charges
petitioner. A mailer determines the way the rental list is
shipped, and, depending on the mailer's choice, Triplex charges
petitioner a shipping fee. Petitioner charges the mailer a
shipping fee equal to the amount that Triplex charges petitioner.
As is standard in the industry, the mailer is billed and
payment is collected by the following process. After filling an
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Last modified: May 25, 2011