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It is standard in the mailing list industry to include the
management commission, brokerage commission, and running fees in
the base price. The commissions paid to the list manager, CMS,
and the list brokers are within the range of usual and customary
amounts paid for such services.
For an additional cost, a mailer can further customize its
order. For an extra fee per 1,000 names, a mailer can request
that the names it rents be selected by certain other criteria.
Selection criteria (special selections) include: Gender,
ethnicity, State, and ZIP code. Petitioner, pursuant to the
recommendation of CMS, determines which special selections to
offer and how much to charge the mailer. 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.
Before August 1993, the amount that the mailer was charged for
special selection fees was equal to the amount that Triplex
charged petitioner and did not include any commissions paid to
CMS, the list manager, or the list brokers. After August 1993,
the amount that the mailer is charged for special selection fees
exceeds the amount which Triplex charges petitioner and includes
a 20-percent list brokerage commission and a 25-percent list
management commission retained by CMS and ALC.
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Last modified: May 25, 2011