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publicity) from petitioner's members, from readers of TAT, and
from others should be submitted to petitioner for review and
submission to BWW, that no part of TAT could be reproduced
without written permission from petitioner and from BWW, and that
any problems with regard to the solicitation of advertisements
should be directed to petitioner.
Under the Agreement, BWW was authorized to use petitioner's
name and logo in connection with the publication of TAT and the
solicitation of advertisements in TAT. The substantial proceeds
received during the years in issue relating to the paid
advertisements appearing in each edition of TAT were divided
between petitioner and BWW as follows:
Percentage
Petitioner 27
BWW 73
In addition, under the Agreement between petitioner and BWW, BWW
was required to pay petitioner an annual fee of $25,200.
Each edition of TAT generally contained a message from
petitioner's president, articles regarding law enforcement
activities and conferences, and anecdotal stories involving
individual law enforcement officers. The text of a typical
letter published in the Fall-1995 edition of TAT is set forth
below:
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