FAIRMARKET Sample Clauses

FAIRMARKET. FairMarket further represents and warrants that: (a) FairMarket shall use commercially reasonable efforts to ensure that the Private Label Auction Sites and all listings, content and/or material contained therein provided by FairMarket are and at all times will be of a high quality and nature, and that the Private Label Auction Sites and all content and/or material contained therein provided by FairMarket will be accurate and reliable. (b) FairMarket will keep the Private Label Auction Sites operational in accordance with the Private Label Auction Sites Performance Standards set forth in Exhibit C. (c) FairMarket shall use commercially reasonable efforts to ensure that the Private Label Auction Sites and all listings, content and/or material contained therein provided by FairMarket are and will be non-defamatory. The Private Label Auction Sites and all information and content contained therein provided by FairMarket do not and will not infringe the intellectual property rights of any third party, or otherwise violate any third party's proprietary rights. (d) FairMarket owns or controls all rights to the Private Label Auction Sites and use of the Private Label Auction Sites by Microsoft shall not infringe the intellectual property right of any person. (e) FairMarket will not use the Microsoft Marks except as provided in this Agreement. (f) No other person has or will have any right, title or interest in or to all or any portion of the Private Label Auction Sites and all information and content contained therein which would in any way curtail, impair, diminish or derogate from any of the rights granted to Microsoft herein, and FairMarket has not heretofore done or permitted to be done and will not hereafter do or authorize or permit to be done any act or thing which is inconsistent with or curtails, impairs, diminishes, or derogates from any right herein granted to Microsoft. (g) The Private Label Auction Sites and all listings, content and/or material contained therein provided by FairMarket are not and shall not be during the Term in violation of any statutes or regulations including without limitation any statutes or regulations relating to auction services. (h) All customer technical and/or support services to be provided hereunder shall be provided in a professional manner and in accordance with all applicable industry standards for such services. (i) The Private Label Auction Sites will accurately manipulate, process, compare, display and calculate dat...
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