Common use of Promotional Materials/Press Releases Clause in Contracts

Promotional Materials/Press Releases. Each Party will submit to the other Party, for its prior written approval which will not be unreasonably withheld or delayed, any marketing, advertising, or other promotional materials, excluding Press Releases, related to the Customized Site, My Health and Health Channels and/referencing the other Party and/or its trade names, trademarks, and service marks (the ‘Promotional Materials’); provided, however, that either Party’s use of screen shots of the Customized Site, Customized Programming, or My Health for promotional purposes will not require the approval of the other Party so long as America Online® and/or WebMD®, as appropriate is clearly identified as the source of such screen shots, and provided further, however, that, following the initial public announcement of the business relationship between the Parties in accordance with the approval and other requirements contained herein, either Party’s subsequent factual reference to the existence of a business relationship between the Parties in Promotional Materials, will not require the approval of the other Party. Each Party will solicit and reasonably consider the views of the other Party in designing and implementing such Promotional Materials. Once approved, the Promotional Materials may be used by a Party and its affiliates for the purpose of promoting the Customized Site, Customized Programming, Health Channels and My Health and the Content contained therein and reused for such purpose until such approval is withdrawn with reasonable prior notice. In the event such approval is withdrawn, existing Inventories of Promotional Materials may be depleted.

Promotional Materials/Press Releases. Each Party will shall submit to the other Party, for its prior written approval approval, which will shall not be unreasonably withheld or delayed, any marketing, advertising, or other promotional materials, excluding Press Releases, related to the Customized SiteAOL Jump Pages and the Affiliated MP Site (other than any such materials which solely relate to the Affiliated MP Site and which do not mention or otherwise reference AOL, My Health and Health Channels and/this Agreement or the terms hereof), and/or referencing the other Party and/or its trade names, trademarks, and service marks (the ‘"Promotional Materials’"); provided, however, that either Party’s 's use of screen shots of the Customized Site, Customized Programming, or My Health Affiliated MP Site for promotional purposes will shall not require the approval of the other Party so long as America Online® and/or WebMD®Party; and provided, as appropriate is clearly identified as the source of such screen shots, and provided further, however, that, following the initial public announcement of the business relationship between the Parties in accordance with the approval and other requirements contained herein, either Party’s 's subsequent factual reference to the existence of a business relationship between the Parties in Promotional Materials, will shall not require the approval of the other Party. Each Party will shall solicit and reasonably consider the views of the other Party in designing and implementing such Promotional Materials. Once approved, the Promotional Materials may be used by a Party and its affiliates for the purpose of promoting the Customized Site, Customized Programming, Health Channels and My Health Affiliated MP Site and the Content content contained therein and reused for such purpose until such approval is withdrawn with reasonable prior notice. In the event such approval is withdrawn, existing Inventories inventories of Promotional Materials may be depleted.

Promotional Materials/Press Releases. Each Party will submit to the other Party, for its prior written approval approval, which will not be unreasonably withheld or delayed, any marketing, EXECUTION COPY advertising, or other promotional materials, excluding including Press Releases, related to the Customized Site, My Health and Health Channels and/Affiliated ICP Sites and/or referencing the other Party and/or its trade names, trademarks, and service marks (the ‘"Promotional Materials’"); provided, however, that either Party’s 's use of screen shots of the Customized Site, Customized Programming, or My Health any Affiliated ICP Site for promotional purposes will not require the approval of the other Party so long as America Online® and/or WebMD®, as appropriate -Registered Trademark- is clearly identified as the source of such screen shots, ; and provided further, however, that, following the initial public announcement of the business relationship between the Parties in accordance with the approval and other requirements contained herein, either Party’s 's subsequent factual reference to the existence of a business relationship between the Parties in Promotional Materials, will not require the approval of the other Party. Each Party will solicit and reasonably consider the views of the other Party in designing and implementing such Promotional Materials. Once approved, the Promotional Materials may be used by a Party and its affiliates for the purpose of promoting the Customized Site, Customized Programming, Health Channels and My Health any such Affiliated ICP Site and the Content content contained therein and reused for such purpose until such approval is withdrawn with reasonable prior notice. In the event such approval is withdrawn, existing Inventories inventories of Promotional Materials may be depleted. In the event that either Party issues a press release or other promotional material in contravention of the requirements of this Section 5.7, at the demand of the other Party, such Party shall issue within forty eight (48) hours of demand therefor an equally prominent (as reasonably determined by the other Party) press release retracting the previous press release or other promotional material, as the case may be.

Promotional Materials/Press Releases. Each Party will shall submit to the other Party, for its prior written approval approval, which will shall not be unreasonably withheld or delayed, any marketing, advertising, or other promotional materials, excluding Press Releases, related to the Customized Site, My Health and Health Channels and/Affiliated 1-800-FLOWERS Sites and/or referencing the other Party and/or its trade names, trademarks, and service marks (the ‘"Promotional Materials’"); providedPROVIDED, howeverHOWEVER, that either Party’s 's use of screen shots of the Customized Site, Customized Programming, or My Health Affiliated 1-800-FLOWERS Sites for promotional purposes will shall not require the approval of the other Party so long as America Online® and/or WebMD®, as appropriate -Registered Trademark- is clearly identified as the source of such screen shots; PROVIDED, and provided furtherFURTHER, however, that, that following the initial public announcement of the business relationship between the Parties in accordance with the approval and other requirements contained herein, either Party’s 's subsequent factual reference to the existence of a business relationship between the Parties in Promotional Materials, will shall not require the approval of the other Party. Each Party will shall solicit and reasonably consider the views of the other Party in designing and implementing such Promotional Materials. Once approved, the Promotional Materials may be used by a Party and its affiliates for the purpose of promoting the Customized Site, Customized Programming, Health Channels and My Health Affiliated 1-800-FLOWERS Sites and the Content content contained therein and reused for such purpose until such approval is withdrawn with reasonable prior notice. In the event such approval is withdrawn, existing Inventories inventories of Promotional Materials may be depleted. It is agreed and understood that the Parties shall work together to prepare a press release to be issued as soon as reasonably possible following the execution of this Agreement, and in no event, more than ten (10) business days thereafter (unless otherwise required by applicable law).