Common use of Other Media Clause in Contracts

Other Media. In ICP's advertisements and promotions (not including news programming drop-ins that are at CBS's editorial discretion) of its Consumer Versions in any media, ICP will include specific references or mentions (orally where possible) of the availability of the ICP Internet Site through the America Online(R) brand service (or other AOL Property as mutually agreed to by the Parties) at least * of the time within each campaign and each type of promotion (i.e. at least * of each print campaign, at least * of each radio campaign, at least * of each television campaign, etc.) (the "ICP Mentions Commitment"). Such references or mentions shall be reasonably prominent in any (a) print or "out of home" (e.g., buses, billboards, point-of-purchase, and other "place based" promotions) promotions, television advertisements and radio advertisements. In any event, such references or mentions shall be at least as prominent as any references that ICP makes to any ICP Interactive Site (by way of site name, related company name, URL or otherwise). Without limiting the generality of the foregoing, ICP's listing of the "URL" for any Consumer Versions pursuant to this Section will be accompanied by a reasonably prominent listing of the "keyword" term on AOL for the ICP Internet Site (e.g. "America Online Keyword: Medscape"), which listing shall conform to the keyword guidelines attached hereto as Exhibit G. All such references or mentions of AOL, and the use of AOL's trademarks, trade names and service marks in connection therewith, shall be in accordance with Section II of Exhibit C. In those instances where ICP's advertisements and promotions of its Consumer Versions do not include specific references or mentions of the availability of the ICP Internet Site through AOL, ICP agrees that it shall not promote, reference or mention any Named Entity with respect to any television advertisements and promotions on CBS. In the event that ICP is unable to consistently deliver the ICP Mentions Commitment over any particular time period, in addition to any other remedies that AOL may have under this Agreement, AOL, at its election, can require that ICP compensate for such shortfall either by: (i) extending the Term for up to six (6) months without additional carriage fees payable by ICP, and during such extension period, ICP shall provide AOL with the remaining ICP Mentions Commitment in the form of space in ICP's promotions or advertising of comparable value to the undelivered ICP Mentions Commitment (as reasonably determined by ICP), provided that if ICP still has not met the ICP Mentions Commitment after such six (6) month period, ICP will pay AOL an amount equal to the value of the undelivered ICP Mentions Commitment in the form of cash at the then-current comparable rate cards based on the amount of undelivered ICP Mentions Commitment, (ii) ICP shall, from time to time during the Term, provide AOL with the remaining ICP Mentions Commitment in the form of space on its advertising or promotional campaigns of comparable value to the undelivered ICP Mentions Commitment (as reasonably determined by ICP), or (iii) some combination thereof. In addition, ICP shall use commercially reasonable efforts to include in its advertisements and promotions of the ICP Interactive Sites in any media specific references or mentions of AOL in connection with ICP's relationship with AOL.

Other Media. In ICP's television, radio, print and "out of home" (e.g., buses and billboards, point of purchase and other "place-based" promotions) advertisements and promotions (not including news programming drop-ins that are at CBS's editorial discretion) of its Consumer Versions in any mediapublications, programs, features or other forms of media over which ICP exercises at least partial editorial control, ICP will include specific references or mentions (orally where possible) of the availability of the ICP Internet Site through the America Online(R) brand service (or other AOL Property as mutually agreed to by the Parties) at least * of the time within each campaign and each type of promotion (i.e. at least * of each print campaign, at least * of each radio campaign, at least * of each television campaign, etc.) (the "ICP Mentions Commitment"). Such references or mentions shall be reasonably prominent in any (a) print or "out of home" (e.g., buses, billboards, point-of-purchase, and other "place based" promotions) promotions, television advertisements and radio advertisementsservice. In any event, such references or mentions shall be at least as prominent as any references that ICP makes to any ICP Interactive Site (by way of site name, related company name, URL or otherwise). Without limiting the generality of the foregoing, ICP's listing of the "URL" for any Consumer Versions pursuant to this Section ICP Interactive Site will be accompanied by a reasonably an equally prominent listing of the "keyword" term on AOL for the Online Area and ICP Internet Site (e.g. and the AOL keyword "America Online Keyword: MedscapeWeddings"), which listing listings shall conform to the keyword guidelines attached hereto as Exhibit G. J. All such references or mentions of AOL, and the use of AOL's trademarks, trade names and service marks in connection therewith, shall be in accordance with Section II of Exhibit C. PREFERRED ACCESS PROVIDER. In those instances where ICP's advertisements and promotions promotion of its Consumer Versions do not include specific references or mentions of AOL, AOL shall be generally positioned as the availability of preferred access provider through which a user can access the ICP Internet Site through AOL(and ICP shall not implement or authorize any other promotions on behalf of any third parties which are inconsistent with the foregoing). AOL shall be the only Interactive Service promoted or advertised by ICP in any offline medium. In addition, ICP agrees that shall promote AOL Hometown as prominently as it shall not promotepromotes its own homesteading product, reference or mention any Named Entity with respect including, without limitation, by including a link from the Online Area to any television advertisements the main page of the Weddings department in AOL Hometown and promotions on CBS. In the event that ICP is unable to consistently deliver links from the ICP Mentions Commitment over any particular time period, in addition Internet Site to any other remedies that mutually agreed upon areas within AOL may have under this Agreement, AOL, at its election, can require that ICP compensate for such shortfall either by: Hometown. DCI PROMOTIONS. Provided AOL is providing the carriage on the "Wedding Guide" area of the Digital City Content area of the AOL Service as described on subpart (ic) extending the Term for up to six (6) months without additional carriage fees payable by ICP, and during such extension periodof section A of Exhibit A-1, ICP shall provide AOL with the remaining ICP Mentions Commitment permanent placement in the form pull-down menu of space in ICPthe Online Area to promote AOL's promotions or advertising of comparable value to the undelivered ICP Mentions Commitment (as reasonably determined by ICP), provided that if ICP still has not met Digital City service and rotational placements within the ICP Mentions Commitment after such six Internet Site (6) month periodcollectively, ICP will pay AOL an amount equal to the value of the undelivered ICP Mentions Commitment in the form of cash at the then-current comparable rate cards based on the amount of undelivered ICP Mentions Commitment, (ii) ICP shall, from time to time during the Term, provide AOL with the remaining ICP Mentions Commitment in the form of space on its advertising or promotional campaigns of comparable value to the undelivered ICP Mentions Commitment (as reasonably determined by ICP"DCI Promotions"), or (iii) some combination thereof. In addition, ICP shall use commercially reasonable efforts to include in its advertisements and promotions of the ICP Interactive Sites in any media specific references or mentions of AOL in connection with ICP's relationship with AOL.EXHIBIT F OPERATING STANDARDS

Other Media. In ICP's television, radio, print and "out of home" (e.g., buses and billboards, point of purchase and other "place-based" promotions) advertisements and promotions (not including news programming drop-ins that are at CBS's editorial discretion) of its Consumer Versions in any mediapublications, programs, features or other forms of media over which ICP exercises [***] editorial control, ICP will will, commencing upon the later of (x) the Launch Date and (y) the date of completion of Site and Content Preparation (as defined in Section 8.3), in conjunction with its domestic U.S. advertising, use Promotional Efforts (as defined below) to include specific references or mentions (orally where possible) of the availability of the ICP Internet Site through the America Online(R) brand service (or other AOL Property as mutually agreed to Properties. Except when prevented by the Parties) at least * of the time within each campaign and each type of promotion (i.e. at least * of each print campaign, at least * of each radio campaign, at least * of each television campaign, etc.) (the "ICP Mentions Commitment"). Such references or mentions shall be reasonably prominent in any circumstances set forth under clauses (a) print or "out of home" - (e.g., buses, billboards, point-of-purchase, and other "place based" promotionsd) promotions, television advertisements and radio advertisements. In any event, such references or mentions shall be at least as prominent as any references that ICP makes to any ICP Interactive Site (by way of site name, related company name, URL or otherwise). Without limiting the generality of the foregoingdefinition of Promotional Efforts below, ICP's listing ICP will include with the listing, mention, reference or display of or navigation to the "URL" for any Consumer Versions pursuant to this Section will be accompanied by ICP Interactive Site a reasonably prominent equivalent listing of the "keyword" term on AOL for the ICP Internet Site (e.g. "America Online Keyword: Medscape")Site, which listing shall conform to the keyword guidelines attached hereto as Exhibit G. G, and which shall be displayed in a manner no less prominent than any other similar promotion. All such references or mentions of AOL, and the use of AOL's trademarks, trade names and service marks in connection therewith, shall be in accordance with Section II of Exhibit C. In those instances where ICP's advertisements and promotions For purposes of this Section 2.4.3, "Promotional Efforts" shall mean that ICP shall include such listings, mentions or references in all of its Consumer Versions do advertising but may exclude such listings, mentions or references (a) in trade shows and trade advertising, (b) where it is commercially or technically infeasible or infeasible due to material time and space limitations (provided, that this exception shall not include specific permit ICP to exclude such listings, mentions or references or mentions of the availability of solely for creative reasons), (c) where ICP is advertising solely Content that is not available (and is not required hereunder to be made available) through the ICP Internet Site through AOLand/or ICP Programming, ICP agrees that it shall not promote, reference or mention any Named Entity with respect to any television advertisements and promotions on CBS. In the event that (d) where ICP is unable not permitted to consistently deliver include them as a result of an arrangement, including any co-op arrangement, with a third party entered into in good faith in which ICP does not have primary control over the ICP Mentions Commitment over any particular time period, in addition to any other remedies that AOL may have under this Agreement, AOL, at its election, can require that ICP compensate for such shortfall either by: (i) extending the Term for up to six (6) months without additional carriage fees payable by ICP, and during such extension period, ICP shall provide AOL with the remaining ICP Mentions Commitment in the form of space in ICP's promotions or advertising of comparable value to the undelivered ICP Mentions Commitment (as reasonably determined by ICP), provided that if ICP still has not met the ICP Mentions Commitment after such six (6) month period, ICP will pay AOL an amount equal to the value content of the undelivered ICP Mentions Commitment advertisement (e.g., a joint promotion with American Airlines in the form of cash at the then-current comparable rate cards based on the amount of undelivered ICP Mentions Commitmentwhich American Airlines refuses to permit any such listing, (ii) ICP shall, from time to time during the Term, provide AOL with the remaining ICP Mentions Commitment in the form of space on its advertising mention or promotional campaigns of comparable value to the undelivered ICP Mentions Commitment (as reasonably determined by ICPreference), or (iii) some combination thereof. In addition, ICP shall use commercially reasonable efforts to include in its advertisements and promotions of the ICP Interactive Sites in any media specific references or mentions of AOL in connection with ICP's relationship with AOL.