This Customer
Support Ruling discusses the eligibility of special-event
fundraising mailings sent at the Nonprofit Standard Mail (nonprofit)
rates that show the names or logos of sponsoring organizations.
Postal
standards do not contain any blanket prohibition that would prevent
material from being mailed at the nonprofit rates, just because it
includes an acknowledgment that a special event has been "sponsored
by" another organization or shows the logo of the sponsoring
organization.
To determine
whether material produced for a special-event fundraiser is eligible
for mailing at the nonprofit rates, the same rules and criteria
applied to other potential cooperative mailing cases should be
applied to these mailings. This means that an in-depth review of
the arrangements between the authorized nonprofit organization and
the "sponsoring" organization must be performed. The goal of the
review is to answer the following questions:
-
Will the sponsoring
party or parties benefit from the special event? (The event should
not be designed to benefit the sponsoring organization, other than
it may be understood that the sponsoring organization will receive
recognition, including mention in the mailpiece in the form of an
acknowledgment of the sponsor’s name or logo.)
-
How are the
sponsoring parties compensated?
-
How are the profits
and revenues from the enterprise (the event) supported by the
mailing divided?
-
What risks are
entailed in the enterprise supported by the mailing and do the
authorized and unauthorized parties share the risks? (The nonprofit
organization should be at risk of loss of profit should the event be
canceled or fail to generate revenue.)
-
Are there any other
arrangements that may make the mailing cooperative and ineligible
for the nonprofit rates?
When
investigating the circumstances behind a special-event fundraising
mailing, it may be that formal contracts or agreements do not
exist. Instead, there may exist copies of letters of understanding
or correspondence that explain the intent and understandings of the
parties. Evidence such as this, in conjunction with answers to
questions to determine who paid the preparation, printing, and
postage costs; who profits and who is at risk; and, who has
management control over the event, should be reviewed to determine
eligibility of such mailings.
If the review
shows that the mailpiece is the material of the nonprofit
organization and that the event is the endeavor of the nonprofit
organization and not the product of an arrangement designed to
benefit the party sponsoring the event, the mailing may qualify for
the nonprofit rates, even though it may mention the sponsorship or
show the logo of the sponsor.
(Signed)
Sherry Suggs
Manager
Mailing Standards
United States Postal Service
Washington DC 20260-3436