Does adding information to the rented list change its nature? Who owns the enhanced list after information has been added to it? 3. What Constitutes Use? May the user merge-purge the list with other rented lists? Is the user permitted to add names that appear on more than one owner's list to its own list? May the user code or tag its own file with information derived from a rented list when the rented list contains names that already appear on the user's list? May the user impose its own "qualifications" on a list, return the names that do not "qualify," and receive a refund? Does it matter what the qualifier is (e.g., names on more than one list, a particular carrier route, certain demographics)? Is it all right if the list owner "qualifies" the list prior to rental? May the user send "address corrections requested" mail and retain results? 4. What Constitutes One-Time Use? May the rented list be used a second time in a different medium (e.g., telephone)? May the user mail to a name on a list one time for each rented list the name appears on? Does it matter whether each list owner was paid for the name? Does it matter whether multiple mailings to the same name are related (e.g., part of a series of mailings)? Does it matter what the time period is between mailings? May the list user or its service bureau retain names that appear on one or more rented lists for comparison with future rentals? May the list user do so to suppress names from future mailings to the same rented list? May the user do so for non-list specific data? Are there any additional purposes for which the rented list may be retained? 5. The Method of and Basis for Payment How many names are being rented? What are the allowances, if any, for duplicates, undeliverables, etc.? Is there a special request or selection to be satisfied? What is the price (e.g., dollars per thousand Has sales tax, if any, been accounted for? Are commissions spelled out? Is there a net name agreement? Are the terms clear? Is there a provision for verification? Have duplicates and multibuyers been removed or accounted for? Is there a reuse discount? Have the payment terms been clearly set forth and agreed upon? 6. What is to be Received, Where and When? What is the format of the rental (e.g., tapes, labels)? How much information will physically appear on tapes or labels (e.g., name and address, address only, with Zip + 4)? Where and when is the list to be shipped? Who is at risk for failure to satisfy this provision? Upon whom does loss fall if damaged in transit? Upon whom does loss fall if mailing dates cannot be kept? Are there any guarantees on deliverability? 7. Approval of the Mailing and Date Does the list owner have the right to approve the mailing? Must each phase of a staged or sequenced mailing (e.g., catalog followed by gift certificate followed by personalized letter) be approved? Has the mailing date been approved? Must the list user notify the list owner if the date is to be changed? 8. Impact on Others Does the user have the right to prohibit the rental of a list of competitive mailing for a specified time period before and after the user's mailing date? Do the parties employ a name-removal option, or DMA's Mail Preference Service or, where applicable, Telephone Preference Service for the protection of those on the list? Is the list being used only for a marketing purpose? Has the list been seeded? May the user refer to the source of the list in any promotion? Is it clear that the user becomes an owner of all respondents? DMA ETHICS AND In its continuing efforts to improve the prac- Ethical Guidelines are maintained, updated periodically and distributed to the direct marketing industry. A Committee on Ethical Business Practice investigates and examines mailings and offerings made throughout the direct marketing field. An Ethics Policy Committee initiates programs and projects directed toward improved ethical awareness in the direct marketing area. The "Dialogue" meetings between direct marketing professionals and consumer affairs and regulatory representatives facilitate increased communication between the industry and its customers. MOAL (Mail Order Action Line) assists con- For additional information contact: Direct Marketing Association, Inc. New York, NY 10017-4646 1101 17th Street, NW Washington, DC 20036-4704 (202) 347-1222 31-313 0-89-23 |