Marketing Promotional Expenses and Certain Customer Service Sample Clauses

Marketing Promotional Expenses and Certain Customer Service. All expenses and costs (including without limitation marketing research, marketing tests, public relations, list development, ad agency fees, software development (related to the user interface of the Service to Customers) and Customer Service limited to [**] times direct salary costs for incremental staff for [ ** ] after launch of each program not to exceed [ ** ] for each of the [ ** ] (the "Marketing Expenses") associated with a Program, whether conducted by AMEX or by the Company with AMEX's prior approval, shall be payable by the Company up to [ ** ] (the "Initial Marketing Dollars"). The restriction on the Initial Marketing Dollars set forth in the preceding sentence shall not extend beyond the Initial Term hereof. If AMEX exercises its option under the Series B Preferred Stock Purchase Agreement dated the date hereof to make the additional investment in the Company of at least [ ** ], then the Company shall be responsible for an additional [ ** ] (together with the Initial Marketing Dollars, the "Marketing Dollars") for the expenses and costs associated with such Program. The restriction on the Marketing Dollars from the additional investment shall not extend beyond the [ ** ] month period from the time of such investment unless the Agreement is terminated prior thereto. Upon reasonable notice to the Company, AMEX may make additional expenditures for Marketing Expenses; provided that AMEX shall be entitled to receive, and Company shall be obligated to remit to AMEX, a percentage of the gross revenues from the use of the Service by Customers acquired through the resulting marketing promotion. [ ** ] ** INDICATES CONFIDENTIAL TREATMENT REQUESTED. [ ** ]