Sierra Club, Inc. - Page 13




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          for obtaining a bank issuer for the credit card program, Concept            
          may retain a portion of the payments it receives from Chase                 
          Lincoln.                                                                    
          Member Lists                                                                
               Petitioner develops and maintains mailing lists with                   
          respect to the members composed of names, addresses, and related            
          information.  Petitioner has exclusive ownership rights in its              
          mailing lists, including the right to all net income from such              
          lists.                                                                      
               On April 14, 1986, petitioner provided ABS a magnetic tape             
          containing an initial list of the members.  Subsequently, on                
          seven occasions, petitioner provided ABS labels containing the              
          names and address of new members.                                           
          Marketing Plans and Solicitations                                           
               In March 1986, ABS circulated to petitioner a proposed                 
          marketing plan, schedule, and sample solicitation materials                 
          (together, the initial plan) for petitioner’s review and                    
          approval.  Petitioner objected to certain aspects of the initial            
          plan.  A revised plan (the revised plan) was circulated within              
          petitioner’s organization in early April 1986.  A cover letter              
          accompanying the revised plan states:  “You will note that the              
          pitch has been toned down considerably and the letter to the                
          leadership doesn’t do anything except inform them of the Club’s             
          plans for a credit card.”  Also, the cover letter states that               
          proposals for telemarketing, membership solicitation and drive              
          packages, membership renewal packages, automatic membership                 

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Last modified: May 25, 2011