Client Applications. Customer’s Client Application(s) set forth on the cover page(s) of the Order Form are hereby approved by Google for purposes of sending Queries for Search Services and/or AdSense Services to resolve to Results Pages on the Sites; provided that, at all times during any Term, Customer and Customer’s Client Application(s) will comply with the Guidelines and Google’s Client Application Guidelines, the current form of which is attached hereto as Exhibit B, as such Client Application Guidelines may be updated by Google from time to time pursuant to this Agreement, provided that Google provides Customer with written notice of such updated Guidelines and/or Client Application Guidelines and [*] to comply with such updates, but not to exceed [*]. Customer represents and warrants that [*]. The list of approved Client Applications may be updated from time to time subject to Google’s prior written consent, which approval [*] in accordance with and subject to Section 1.5. For purposes of this Agreement, (i) “Client Application” means any application, plug-in, helper, component or other executable code that runs on user’s computer; examples of Client Applications include those that provide instant messaging, chat, email, data, file viewing, media playing, file sharing, games, internet navigation, search and other services; and (ii) “WebSearch Client Application,” or “AFS Client Application” (as used herein or in the Order Form) means those Customer Client Applications that have been approved by Google to access the WebSearch or AFS Services, respectively, either as reflected on the cover page(s) of the Order Form or as otherwise approved by Google in writing from time to time during the Services Term. Upon a breach of any provision of this Section 2.6 with respect to approved Client Applications, Google shall [*] and, if the breach is [*], Google shall have the right, in addition to any other remedies available at law or equity, to [*].
Client Applications. The following new sections will be added to the Exhibit Agreement as Section 14:
Client Applications. 2.1. Subject to the Company’s compliance with clauses 2.2 and 2.3 below, the client application set forth in the cover page(s) of this Order Form is an Approved Client Application for the purposes of sending Requests to Google in connection with the Search Services and AdSense Services which resolve to a Company hosted Results Page on the Site. For the avoidance of doubt, the Site has been approved by Google as required by clause 2.1(b) of the GSA and the search box incorporated into the Approved Client Application is a Search Box as defined by clause 1.1 of the GSA.
2.2. At all times during the Term, Company shall comply (and shall ensure that the Approved Client Application(s) specified in clause 2.1 above comply) with Google’s Client Application Guidelines, the current form of which is attached hereto as Schedule D (the “Guidelines”) as such Guidelines may be updated by Google from time to time in accordance with its terms. [***]
2.3. [***]
2.4. Company, subject to the provisions of Sections 2.5 and 2.6 below, shall comply with the mockups in Schedule C in connection with the installation of the Approved Client Applications. Google agrees that notwithstanding Section 4.3(b) of the Guidelines, Company may obtain an End User’s consent for a change to such end user’s browser default search setting using an opt out mechanism (which may include a pre-ticked check box, which the end user is able to un-tick). Company shall ensure that the mechanism and user interface used to obtain such End User consent is in accordance with the mockup in Schedule C.
2.5. [***]
Client Applications. 2.1. Subject to the Company’s compliance with clauses 2.2 and 2.3 below, the client application(s) set forth in the cover page(s) of this Order Form is an Approved Client Application for the purposes of (a) sending Requests to Google in connection with the Search Services which resolve to Results Pages on the WebSearch Site(s); and (b) sending Requests to Google for the purposes of generating Ad Sets to be displayed on the Site(s).
2.2. [***]
2.3. [***]
2.4. Where an Approved Client Application provides End Users with the option to re-set his or her homepage to a Site and/or re-set his or her search engine to the WebSearch Services and End Users choose not to re-set his or her homepage and/or search engine, Company shall provide End Users with a clear plain English message that no change has been made and, at Google’s option, shall provide Google with a copy of the message that will be sent to all such End Users for Google’s prior approval (such approval not to be unreasonably withheld or delayed). Where an End User chooses not to re-set his or her homepage to a Site and/or search engine to the WebSearch Services, Company shall not offer such option to re-set to that End User again.
Client Applications. 2.1. Subject to the Company’s compliance with clauses 2.2 and 2.3 below, each of the client applications set forth in the cover page(s) of this Order Form is an Approved Client Application for the purposes of: (a) sending Requests to Google in connection with the Search Services which resolve to Results Pages on the WebSearch Site(s); and (b) sending Requests to Google for the purposes of generating Ad Sets to be displayed on the Site(s).
2.2. Within 90 days of the Effective Date, Company will comply (and will ensure that such Approved Client Application as specified in clause 2.1 above, comply) with Google’s Client Application Guidelines, as provided by Google to Company from time to time (the “Guidelines” as such Guidelines may be updated by Google from time to time). [* * *]
2.3. Company represents and warrants that: (a) It has read and understands the Guidelines; and (b) It does, and at all times during the Term it will, own, operate and control one hundred percent (100%) of the Approved Client Application specified in clause 2.1 above. The list of Approved Client Applications may be updated from time to time subject to Google’s prior written consent.
2.4. [* * *].
Client Applications. 22 5.7 REPORTING AND DATA FEED................................. 24 5.8
Client Applications. Yahoo! may provide Google with a list of AFS Client Applications within [*] days of the Effective Date. This list may be updated from time to time by Yahoo! upon written notice to Google. Each AFS Client Application will be allowed to send AFS Queries to resolve to Results Pages on the Properties, subject to the following requirements: (a) Yahoo! and each AFS Client Application must comply with Google’s Client [*] Indicates that certain information in this exhibit has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions
(e) [*]. (f) [*]. (g) [*].
Client Applications. PeopleSupport utilizes the following applications supplied by Client to provide customer service for Client’s customers: This document contains unpublished, confidential and proprietary information of PeopleSupport, Inc. No disclosure, duplication or use of any portion of the contents of these materials, for any purpose, may be made without the prior express written consent of PeopleSupport, Inc.
1. Tool – Web based *** application.
Client Applications a. Subject to the Company’s compliance with clauses 5(b) to 5(d) below, each client application set forth in the cover page(s) of this Order Form is an Approved Client Application for the purposes of (i) sending Requests to Google in connection with the Search Services which resolve to Results Pages on the Web Search Site(s); and (ii) sending Requests to Google for the purposes of generating Ad Sets to be displayed on the Site(s).
b. [***]
c. [***]
Client Applications. PeopleSupport utilizes the following applications supplied by Client to provide customer service for Client's customers:
1. server application used for looking *** history.
2. application used for looking up *** information. This is an interim support tool that is scheduled to be decommissioned in ***.
3. Web based application used to replicate most of the features of
5. application used for the *** accounts
6. applications used to record service request information and inbound faxes. Client represents and warrants that it has obtained all necessary rights for PeopleSupport to use all Client provided systems, applications and materials, and shall indemnify PeopleSupport against any claims arising out of Client's failure to secure such rights for PeopleSupport. PeopleSupport is not responsible for meeting agreed upon performance objectives and service levels for a day in which PeopleSupport is unable to access Client provided systems. Furthermore, Client remains responsible for the full daily rate of all eReps assigned to support Client on any day, or portion thereof, that PeopleSupport is unable to support Client due to Client system problems for more than ***. Daily rate will be based on *** of the forecasted volume for all customer contact methods.
5.6.1 CLIENT *** APPLICATION SERVERS PeopleSupport houses *** servers to facilitate access to *** using the *** interface. The *** application servers utilize a secure communication link with Client's databases residing at Client's facilities. Two of the application servers act as ***. The third application server acts as a *** for disaster recovery purposes. The *** Applications will be used to receive and process *** messages. It is Client's responsibility to maintain and administer these servers and any applications that reside on them. This includes *** accounts, conducting regularly scheduled reboots, ensuring that servers are optimized to handle the required usage, and any other support needed.
5.6.2 USE OF *** APPLICATION PeopleSupport will utilize Client's *** software to manage and close all contact related activity. *** will be created for all *** sessions. *** request will only be created for inbound *** that need to be escalated to ***. *** will be used to manage inbound faxes. Client's *** system will handle routing of incoming faxes in to *** and assign them to the appropriate service request. If *** is ***CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION. ------------------...
