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the list order. Occasionally, CMS forwards the list order to
petitioner for final approval.
Upon receiving approval, the list manager arranges with
Triplex to fill the order. Triplex produces a copy of the rental
list according to the mailer's specifications and sends it to the
mailer's mail house.
Petitioner divides its rental list into specific segments
based on the recency of the donors' contributions. Pursuant to
the recommendations of the list manager and CMS, petitioner
charges a different base price for each segment. Before August
1993, the base price included a 10-percent list management
commission retained by Names, a 15-percent commission retained by
CMS, and a 10-percent list brokerage commission retained by
either the independent list broker or Names (if the mailer was
not using an independent broker). After August 1993, the base
price includes a 25-percent list management commission divided by
ALC and CMS4 and a 20-percent list brokerage commission retained
by either the independent list broker or ALC (if the mailer is
not using an independent list broker). The base price also
includes a fee of $3.90 (running fee) remitted by the list
manager to Triplex to pay for the computer charges incurred in
producing the copy of petitioner's rental list.
4 The method by which commissions are divided between CMS and
ALC is outlined in the contract between CMS and ALC which was
produced as evidence in the instant case but was placed under
seal at the request of ALC and CMS.
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Last modified: May 25, 2011