Abuse of Services. Unless specifically allowed in this Agreement, Publisher will not authorize or engage in, or engage or enable a third party, on Publisher’s behalf, to do any of the following: (a) Queries or clicks generated by any automated or fraudulent means (b) Queries or clicks on Results generated by misleading or incentivized means, including: (i) blind links (where users do not know that they will be performing a Query or clicking on a Result); (ii) pre-populating the Search Box; (iii) Queries or clicks required in order to obtain some benefit or perform another function, such as leaving a webpage or closing a window; (iv) Publisher, its employees, contractors or agents clicking on the Results except in the course of normal individual use; or (v) offering a user any pecuniary or other in kind inducement to search or click on the Results. (c) Unauthorized implementations, including: (i) use, display, syndication, sublicensing or delivery of the Links, Results or Marks anywhere other than on Publisher’s Offerings (which shall not include the use, display or delivery of links to a Landing Page or a Domain Results Page displayed in connection with Publisher’s Offerings for purposes of advertising or generating traffic to such Publisher’s Offerings); (ii) Links placed on or Queries from or after 404 or other error messages using a downloadable application; (iii) (1) Queries from or the display of Links within pop-over windows, (2) the display of Results within pop over or pop under windows, (3) Queries from, or displays of Results or Links in or through a downloadable application or an email; or (iv) using a software application that is downloaded to a user’s computers to drive traffic to any website on which Links or Results appear unless the application has been expressly approved by the user or approved by Overture; (d) Sending Queries to Overture from users outside the Territory or masking the IP address of a user by Publisher; (e) Adding, deleting or changing terms or characters of a Query by anyone other than the user; PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. Execution Copy (f) Display of anything (such as pop-up windows or expanding banners) that may obscure any portion of the Links or the Results or stripping, blocking, or filtering Results by any means or in any way preventing or inhibiting the display of Results in whole or in part; (g) Purchasing traffic with the intent of directing users to web pages where Paid Results are the most prominent page element; or (h) Installing any program on a user’s computer or replacing a user’s home page, without the user’s express and informed prior consent. Any search, impression, click or conversion generated in violation of this Section 18 shall not be counted for purposes of calculating any compensation owed to Publisher. If Publisher violates any provision above, Overture may immediately, suspend services for the particular Publisher’s Offering that is in breach, or upon notice and 48 hours’ opportunity to cure, for this Agreement if a material portion of Publisher’s Offerings are breaching any provision above. If Publisher fails to cure or desist from the breach within 48 hours after Overture informs Publisher of the violation or fails to provide reasonable assurances that there will be no further violations, Overture may (i) remove the particular Publisher’s Offering that is in breach from the Agreement, or (ii) terminate the entire Agreement if a material portion of Publisher’s Offerings remain in breach five (5) business days after notice is given to Publisher, immediately upon notice without liability to Publisher except for any compensation due to Publisher through the date of termination. If Publisher violates the same provision of this Section 18 more than once or any of the provisions of this Section 18 more than twice, Overture may remove the particular Publisher’s Offering from the Agreement or terminate the entire Agreement if a material portion of Publisher’s Offerings are in breach upon notice without providing opportunity to cure. For clarity, the provisions of this Section 18 only apply to the Publisher’s Offerings covered by this Agreement and unauthorized implementations on a Publisher’s Offering described in Section 18(b) are not otherwise subject to the exclusivity provisions of this Agreement, including the provisions governing interactions with Named Companies. Furthermore, Section 18(b)(i) shall not apply to the use, display or delivery of links to a Landing Page or Domain Results Page displayed in connection with Publisher’s Offerings for purposes of advertising or generating traffic to such Publisher’s Offerings (e.g. Publisher may buy category-relevant ads and/or display ads that link to Landing Pages and Domain Results Pages). For clarity, nothing contained herein shall permit Publisher to purchase traffic with the intent of directing users to web pages where Paid Results are the most prominent page element.
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Samples: Service Agreement (NameMedia, Inc.), Service Agreement (NameMedia, Inc.)
Abuse of Services. Unless specifically allowed in this Agreement, Publisher (1) none of the circumstances described *** below will not authorize occur on or engage in, or engage or enable a third party, on in connection with Publisher’s behalf, to do any of the following:Offerings; ***
(a) Queries or clicks generated by any automated or fraudulent means, provided that only for the purposes of constituting a breach by Publisher under this Agreement, the following shall apply: *** For clarity, any and all Queries or clicks generated by automated or fraudulent means shall not be counted for purposes of calculating any compensation owed to Publisher, ***; and all suspension and termination rights set forth below in this Section 18 shall be applicable immediately ***;
(b) Queries or clicks on Results generated by misleading misleading, manipulative, deceptive or incentivized incented means, includingincluding but not limited to: (i) blind links (where users do not know that they will be performing a Query or clicking on a Result); (ii) pre-populating the Search Box; (iii) Queries requiring a user to search or clicks required in order click to receive some other benefit, obtain some benefit other result or perform another function, function (such as leaving a webpage or closing a window); (iii) pre-populating the Search Box; (iv) Publisher, its employees, contractors or agents clicking on the Results except in the course of normal individual use; or (v) offering a user any pecuniary or other in inducement of any kind inducement to search or click on the *** - Portions of this page have been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission Results.;
(c) Unauthorized implementations, including: (i) use, display, syndication, sublicensing or delivery of the Links, Results or Marks anywhere other than on Publisher’s Offerings (which shall not include the use, display or delivery of links to a Landing Page or a Domain Results Page displayed in connection with Publisher’s Offerings for purposes of advertising or generating traffic to such Publisher’s Offerings); (ii) Links placed on or Queries from or after 404 or other error messages using a downloadable applicationmessages; (iii) (1) Queries from or the display of Links within pop-over windows, (2) the display of Results within pop over or pop under windows, (3) Queries from, or displays of Results or Links within pop-over or pop-under windows, in or through a downloadable application application, or in or through an email; or (iv) using a software application that is downloaded to a user’s users’ computers to drive traffic to any website on which Links or Results appear unless the application has been expressly formally approved by the user or approved by OvertureYahoo!;
(d) Sending Queries to Overture from users outside located within countries identified on the Territory Office of Foreign Assets Control’s list of sanctioned countries, or masking the true user agent, referring URL, serveURL or IP address of a user by Publisheruser;
(e) Adding, deleting or changing terms or characters of a Query by anyone other than the user; PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. Execution Copy;
(f) Display display of anything (such as pop-up windows windows, expanding banners or expanding bannersbuttons or any animation) that may obscure any portion of the Links or the Results or stripping, blocking, or filtering Results by any means or in any way preventing or inhibiting the display of Results in whole or in part;
(g) Sending Queries to, or otherwise accessing, market-specific search databases or product-specific paid marketplace databases except as approved by Yahoo!;
(h) Purchasing traffic with the intent of directing users to web pages where Paid Results are the most prominent page element. Yahoo! acknowledges that the mockups attached hereto have been reviewed by Yahoo! and that the Paid Results, exactly as reflected on the attached mockups, are not considered by Yahoo! to be “the most prominent page element” on such web page; or
(hi) Installing any program on a user’s computer or replacing a user’s home page, without the user’s express and informed prior consent. Any search, impression, click or conversion generated in violation of this Section 18 shall not be counted for purposes of calculating any compensation owed to Publisher. If Publisher violates any provision aboveof the provisions of Section 18 above is violated, Overture Yahoo! may immediately, immediately suspend services for the particular Publisher’s Offering that is in breach, or upon notice and 48 hours’ opportunity to cure, for this Agreement if a material portion of Publisher’s Offerings are breaching any provision above. If Publisher fails to cure or desist from prevent the breach noticed activity within 48 hours after Overture Yahoo! informs Publisher of the violation or if Publisher fails to provide reasonable assurances that there will be no further violations, Overture Yahoo! may (i) remove the particular Publisher’s Offering that is in breach from the Agreement, or (ii) terminate the entire this Agreement if a material portion of Publisher’s Offerings remain in breach five (5) business days after notice is given to Publisher, immediately upon notice without liability to Publisher except for any compensation due to Publisher through the date of termination. If Publisher cures such violation, Yahoo! will promptly (within 1 business day) reinstate the services previously suspended. If Publisher violates the same provision of this Section 18 more than once *** or any of the provisions of this Section 18 more than twice, Overture Yahoo! may remove the particular Publisher’s Offering from the terminate this Agreement or terminate the entire Agreement if a material portion of Publisher’s Offerings are in breach upon notice without providing opportunity to cure. For clarity, the provisions of this Section 18 only apply to the Publisher’s Offerings covered by this Agreement and unauthorized implementations on a Publisher’s Offering described in Section 18(b) are not otherwise subject to the exclusivity provisions of this Agreement, including the provisions governing interactions with Named Companies. Furthermore, Section 18(b)(i) shall not apply to the use, display or delivery of links to a Landing Page or Domain Results Page displayed in connection with Publisher’s Offerings for purposes of advertising or generating traffic to such Publisher’s Offerings (e.g. Publisher may buy category-relevant ads and/or display ads that link to Landing Pages and Domain Results Pages). For clarity, nothing contained herein shall permit Publisher to purchase traffic with the intent of directing users to web pages where Paid Results are the most prominent page element.
Appears in 1 contract
Abuse of Services. Unless specifically allowed in this Agreement, Publisher (1) none of the circumstances described *** below will not authorize occur on or engage in, or engage or enable a third party, on in connection with Publisher’s behalf, to do any of the following:Offerings; ***
(a) Queries or clicks generated by any automated or fraudulent means, provided that only for the purposes of constituting a breach by Publisher under this Agreement, the following shall apply: *** For clarity, any and all Queries or clicks generated by automated or fraudulent means shall not be counted for purposes of calculating any compensation owed to Publisher, ***; and all suspension and termination rights set forth below in this Section 18 shall be applicable immediately ***;
(b) Queries or clicks on Results generated by misleading misleading, manipulative, deceptive or incentivized incented means, includingincluding but not limited to: (i) blind links (where users do not know that they will be performing a Query or clicking on a Result); (ii) pre-populating the Search Box; (iii) Queries requiring a user to search or clicks required in order click to receive some other benefit, obtain some benefit other result or perform another function, function (such as leaving a webpage or closing a window); (iii) pre-populating the Search Box; (iv) Publisher, its employees, contractors or agents clicking on the Results except in the course of normal individual use; or (v) offering a user any pecuniary or other in inducement of any kind inducement to search or click on the Results.;
(c) Unauthorized implementations, including: (i) use, display, syndication, sublicensing or delivery of the Links, Results or Marks anywhere other than on Publisher’s Offerings (which shall not include the use, display or delivery of links to a Landing Page or a Domain Results Page displayed in connection with Publisher’s Offerings for purposes of advertising or generating traffic to such Publisher’s Offerings); (ii) Links placed on or Queries from or after 404 or other error messages using a downloadable applicationmessages; (iii) (1) Queries from or the display of Links within pop-over windows, (2) the display of Results within pop over or pop under windows, (3) Queries from, or displays of Results or Links within pop-over or pop-under windows, in or through a downloadable application application, or in or through an email; or (iv) using a software application that is downloaded to a user’s users’ computers to drive traffic to any website on which Links or Results appear unless the application has been expressly formally approved by the user or approved by OvertureYahoo!;
(d) Sending Queries to Overture from users outside located within countries identified on the Territory Office of Foreign Assets Control’s list of sanctioned countries, or masking the true user agent, referring URL, serveURL or IP address of a user by Publisheruser;
(e) Adding, deleting or changing terms or characters of a Query by anyone other than the user; PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. Execution Copy;
(f) Display display of anything (such as pop-up windows windows, expanding banners or expanding bannersbuttons or any animation) that may obscure any portion of the Links or the Results or stripping, blocking, or filtering Results by any means or in any way preventing or inhibiting the display of Results in whole or in part;
(g) Sending Queries to, or otherwise accessing, market-specific search databases or product-specific paid marketplace databases except as approved by Yahoo!;
(h) Purchasing traffic with the intent of directing users to web pages where Paid Results *** - Portions of this page have been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission are the most prominent page element. Yahoo! acknowledges that the mockups attached hereto have been reviewed by Yahoo! and that the Paid Results, exactly as reflected on the attached mockups, are not considered by Yahoo! to be “the most prominent page element” on such web page; or
(hi) Installing any program on a user’s computer or replacing a user’s home page, without the user’s express and informed prior consent. Any search, impression, click or conversion generated in violation of this Section 18 shall not be counted for purposes of calculating any compensation owed to Publisher. If Publisher violates any provision aboveof the provisions of Section 18 above is violated, Overture Yahoo! may immediately, immediately suspend services for the particular Publisher’s Offering that is in breach, or upon notice and 48 hours’ opportunity to cure, for this Agreement if a material portion of Publisher’s Offerings are breaching any provision above. If Publisher fails to cure or desist from prevent the breach noticed activity within 48 hours after Overture Yahoo! informs Publisher of the violation or if Publisher fails to provide reasonable assurances that there will be no further violations, Overture Yahoo! may (i) remove the particular Publisher’s Offering that is in breach from the Agreement, or (ii) terminate the entire this Agreement if a material portion of Publisher’s Offerings remain in breach five (5) business days after notice is given to Publisher, immediately upon notice without liability to Publisher except for any compensation due to Publisher through the date of termination. If Publisher cures such violation, Yahoo! will promptly (within 1 business day) reinstate the services previously suspended. If Publisher violates the same provision of this Section 18 more than once *** or any of the provisions of this Section 18 more than twice, Overture Yahoo! may remove the particular Publisher’s Offering from the terminate this Agreement or terminate the entire Agreement if a material portion of Publisher’s Offerings are in breach upon notice without providing opportunity to cure. For clarity, the provisions of this Section 18 only apply to the Publisher’s Offerings covered by this Agreement and unauthorized implementations on a Publisher’s Offering described in Section 18(b) are not otherwise subject to the exclusivity provisions of this Agreement, including the provisions governing interactions with Named Companies. Furthermore, Section 18(b)(i) shall not apply to the use, display or delivery of links to a Landing Page or Domain Results Page displayed in connection with Publisher’s Offerings for purposes of advertising or generating traffic to such Publisher’s Offerings (e.g. Publisher may buy category-relevant ads and/or display ads that link to Landing Pages and Domain Results Pages). For clarity, nothing contained herein shall permit Publisher to purchase traffic with the intent of directing users to web pages where Paid Results are the most prominent page element.
Appears in 1 contract
Abuse of Services. Unless specifically allowed in this Agreement, Publisher (1) none of the circumstances described *** below will not authorize occur on or engage in, or engage or enable a third party, on in connection with Publisher’s behalf, to do any of the followingOfferings; ***:
(a) Queries or clicks generated by any automated or fraudulent means, provided that only for the purposes of constituting a breach by Publisher under this Agreement, the following shall apply: ***. For clarity, any and all Queries or clicks generated by automated or fraudulent means shall not be counted for purposes of calculating any compensation owed to Publisher, ***; and all suspension and termination rights set forth below in this Section 18 shall be applicable immediately***;
(b) Queries or clicks on Results generated by misleading misleading, manipulative, deceptive or incentivized incented means, includingincluding but not limited to: (i) blind links (where users do not know that they will be performing a Query or clicking on a Result); (ii) pre-populating the Search Box; (iii) Queries requiring a user to search or clicks required in order click to receive some other benefit, obtain some benefit other result or perform another function, function (such as leaving a webpage or closing a window); (iii) pre-populating the Search Box; (iv) Publisher, its employees, contractors or agents clicking on the Results except in the course of normal individual use; or (v) offering a user any pecuniary or other in inducement of any kind inducement to search or click on the Results.;
(c) Unauthorized implementations, including: (i) use, display, syndication, sublicensing or delivery of the Links, Results or Marks anywhere other than on Publisher’s Offerings (which shall not include the use, display or delivery of links to a Landing Page or a Domain Results Page displayed in connection with Publisher’s Offerings for purposes of advertising or generating traffic to such Publisher’s Offerings); (ii) Links placed on or Queries from or after 404 or other error messages using a downloadable applicationmessages; (iii) (1) Queries from or the display of Links within pop-over windows, (2) the display of Results within pop over or pop under windows, (3) Queries from, or displays of Results or Links within pop-over or pop-under windows, in or through a downloadable application application, or in or through an email; or (iv) using a software application that is downloaded to a user’s users’ computers to drive traffic to any website on which Links or Results appear unless the application has been expressly formally approved by the user or approved by OvertureYahoo!;
(d) Sending Queries to Overture from users outside located within countries identified on the Territory Office of Foreign Assets Control’s list of sanctioned countries, or masking the true user agent, referring URL, serveURL or IP address of a user by Publisheruser;
(e) Adding, deleting or changing terms or characters of a Query by anyone other than the user; PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. Execution Copy;
(f) Display display of anything (such as pop-up windows windows, expanding banners or expanding bannersbuttons or any animation) that may obscure any portion of the Links or the Results or stripping, blocking, or filtering Results by any means or in any way preventing or inhibiting the display of Results in whole or in part;
(g) Sending Queries to, or otherwise accessing, market-specific Yahoo!-provided search databases or Yahoo!-provided product-specific paid marketplace databases except as approved by Yahoo!;
(h) Purchasing traffic with the intent of directing users to web pages where Paid Results are the most prominent page element. Yahoo! acknowledges that the mockups attached hereto have been reviewed by Yahoo! and that the Paid Results, exactly as reflected on the attached mockups, are not considered by Yahoo! to be “the most prominent page element” on such web page; or
(hi) Installing any program on a user’s computer or replacing a user’s home page, without the user’s express and informed prior consent. Any search, impression, click or conversion generated in violation of this Section 18 shall not be counted for purposes of calculating any compensation owed to Publisher. If Publisher violates any provision aboveof the provisions of Section 18 above is violated, Overture Yahoo! may immediately, immediately suspend services for the particular Publisher’s Offering that is in breach, or upon notice and 48 hours’ opportunity to cure, for this Agreement if a material portion of Publisher’s Offerings are breaching any provision above. If Publisher fails to cure or desist from prevent the breach noticed activity within 48 hours after Overture Yahoo! informs Publisher of the violation or if Publisher fails to provide reasonable assurances that there will be no further violations, Overture Yahoo! may (i) remove the particular Publisher’s Offering that is in breach from the Agreement, or (ii) terminate the entire this Agreement if a material portion of Publisher’s Offerings remain in breach five (5) business days after notice is given to Publisher, immediately upon notice without liability to Publisher except for any compensation due to Publisher through the date of termination. If Publisher cures such violation, Yahoo! will promptly (within 1 business day) reinstate the services previously suspended. *** - Portions of this page have been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. EXECUTION VERSION YAHOO! PUBLISHER NETWORK CONTRACT #1-26652287 If Publisher violates the same provision of this Section 18 more than once *** or any of the provisions of this Section 18 more than twice, Overture Yahoo! may remove the particular Publisher’s Offering from the terminate this Agreement or terminate the entire Agreement if a material portion of Publisher’s Offerings are in breach upon notice without providing opportunity to cure. For clarity, the provisions of this Section 18 only apply to the Publisher’s Offerings covered by this Agreement and unauthorized implementations on a Publisher’s Offering described in Section 18(b) are not otherwise subject to the exclusivity provisions of this Agreement, including the provisions governing interactions with Named Companies. Furthermore, Section 18(b)(i) shall not apply to the use, display or delivery of links to a Landing Page or Domain Results Page displayed in connection with Publisher’s Offerings for purposes of advertising or generating traffic to such Publisher’s Offerings (e.g. Publisher may buy category-relevant ads and/or display ads that link to Landing Pages and Domain Results Pages). For clarity, nothing contained herein shall permit Publisher to purchase traffic with the intent of directing users to web pages where Paid Results are the most prominent page element.
Appears in 1 contract
Abuse of Services. Unless specifically allowed in this Agreement, Publisher (1) none of the circumstances described *** below will not authorize occur on or engage in, or engage or enable a third party, on in connection with Publisher’s behalf, to do any of the followingOfferings; ***:
(a) Queries or clicks generated by any automated or fraudulent means, provided that only for the purposes of constituting a breach by Publisher under this Agreement, the following shall apply: ***. For clarity, any and all Queries or clicks generated by automated or fraudulent means shall not be counted for purposes of calculating any compensation owed to Publisher, ***; and all suspension and termination rights set forth below in this Section 18 shall be applicable immediately***;
(b) Queries or clicks on Results generated by misleading misleading, manipulative, deceptive or incentivized incented means, includingincluding but not limited to: (i) blind links (where users do not know that they will be performing a Query or clicking on a Result); (ii) pre-populating the Search Box; (iii) Queries requiring a user to search or clicks required in order click to receive some other benefit, obtain some benefit other result or perform another function, function (such as leaving a webpage or closing a window); (iii) pre-populating the Search Box; (iv) Publisher, its employees, contractors or agents clicking on the Results except in the course of normal individual use; or (v) offering a user any pecuniary or other in inducement of any kind inducement to search or click on the Results.;
(c) Unauthorized implementations, including: (i) use, display, syndication, sublicensing or delivery of the Links, Results or Marks anywhere other than on Publisher’s Offerings (which shall not include the use, display or delivery of links to a Landing Page or a Domain Results Page displayed in connection with Publisher’s Offerings for purposes of advertising or generating traffic to such Publisher’s Offerings); (ii) Links placed on or Queries from or after 404 or other error messages using a downloadable applicationmessages; (iii) (1) Queries from or the display of Links within pop-over windows, (2) the display of Results within pop over or pop under windows, (3) Queries from, or displays of Results or Links within pop-over or pop-under windows, in or through a downloadable application application, or in or through an email; or (iv) using a software application that is downloaded to a user’s users’ computers to drive traffic to any website on which Links or Results appear unless the application has been expressly formally approved by the user or approved by OvertureYahoo!;
(d) Sending Queries to Overture from users outside located within countries identified on the Territory Office of Foreign Assets Control’s list of sanctioned countries, or masking the true user agent, referring URL, serveURL or IP address of a user by Publisheruser;
(e) Adding, deleting or changing terms or characters of a Query by anyone other than the user; PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. Execution Copy;
(f) Display display of anything (such as pop-up windows windows, expanding banners or expanding bannersbuttons or any animation) that may obscure any portion of the Links or the Results or stripping, blocking, or filtering Results by any means or in any way preventing or inhibiting the display of Results in whole or in part;
(g) Sending Queries to, or otherwise accessing, market-specific Yahoo!-provided search databases or Yahoo!-provided product-specific paid marketplace databases except as approved by Yahoo!;
(h) Purchasing traffic with the intent of directing users to web pages where Paid Results are the most prominent page element. Yahoo! acknowledges that the mockups attached hereto have been reviewed by Yahoo! and that the Paid Results, exactly as reflected on the attached mockups, are not considered by Yahoo! to be “the most prominent page element” on such web page; or
(hi) Installing any program on a user’s computer or replacing a user’s home page, without the user’s express and informed prior consent. Any search, impression, click or conversion generated in violation of this Section 18 shall not be counted for purposes of calculating any compensation owed to Publisher. If Publisher violates any provision aboveof the provisions of Section 18 above is violated, Overture Yahoo! may immediately, immediately suspend services for the particular Publisher’s Offering that is in breach, or upon notice and 48 hours’ opportunity to cure, for this Agreement if a material portion of Publisher’s Offerings are breaching any provision above. If Publisher fails to cure or desist from prevent the breach noticed activity within 48 hours after Overture Yahoo! informs Publisher of the violation or if Publisher fails to provide reasonable assurances that there will be no further violations, Overture Yahoo! may (i) remove the particular Publisher’s Offering that is in breach from the Agreement, or (ii) terminate the entire this Agreement if a material portion of Publisher’s Offerings remain in breach five (5) business days after notice is given to Publisher, immediately upon notice without liability to Publisher except for any compensation due to Publisher through the date of termination. If Publisher cures such violation, Yahoo! will promptly (within 1 business day) reinstate the services previously suspended. *** - Portions of this page have been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. If Publisher violates the same provision of this Section 18 more than once *** or any of the provisions of this Section 18 more than twice, Overture Yahoo! may remove the particular Publisher’s Offering from the terminate this Agreement or terminate the entire Agreement if a material portion of Publisher’s Offerings are in breach upon notice without providing opportunity to cure. For clarity, the provisions of this Section 18 only apply to the Publisher’s Offerings covered by this Agreement and unauthorized implementations on a Publisher’s Offering described in Section 18(b) are not otherwise subject to the exclusivity provisions of this Agreement, including the provisions governing interactions with Named Companies. Furthermore, Section 18(b)(i) shall not apply to the use, display or delivery of links to a Landing Page or Domain Results Page displayed in connection with Publisher’s Offerings for purposes of advertising or generating traffic to such Publisher’s Offerings (e.g. Publisher may buy category-relevant ads and/or display ads that link to Landing Pages and Domain Results Pages). For clarity, nothing contained herein shall permit Publisher to purchase traffic with the intent of directing users to web pages where Paid Results are the most prominent page element.
Appears in 1 contract