Common use of Restrictions on Online Use and Keyword Advertising Clause in Contracts

Restrictions on Online Use and Keyword Advertising. Decolar represents and warrants to Expedia that except for the limited, personal right to use Expedia’s Trademarks as set forth in this Agreement, or according to applicable Law, Decolar shall not register, display or use in any context or manner (directly or indirectly), any Expedia Trademark (including, without limitation, any misspelling, variant, translation, transliteration or script substantially similar or confusingly similar thereto), in any manner whatsoever (including without limitation, in any search engine marketing or optimization, in any domain name, social media handle, any other online/offline marketing, promotional activities or advertising, press releases, etc.) without first obtaining prior written approval from Expedia. Without limiting the foregoing, Decolar shall not engage in any paid marketing or promotional activities that have as their purpose to intentionally and knowingly divert customers or traffic specifically from Expedia or its Affiliates, and Decolar will not bid on any names that are present in URLs or Trademarks owned or used by Expedia or its Affiliates or any Expedia Travel Supply Provider, in each case in respect of the following brand names: “Expedia”, “Xxxxxxx.xx”, “Xxxxxxx.xxx”, “xxxxxx.xxx”, “xxxxxxx.xxx” “xxxxx.xxx”, “xxxxxx.xx”, “xxxxx.xx”, “venere”, “xxxxxx.xxx”, “hotwire”, “xxxxxxx.xxx”, “egencia”, “trivago”, “xxxxxxxxxx.xxx”, “xxxxxxxxx.xxx”, “xxxxxxxxxxx.xxx”, “xxxxxxx.xxx” and “xxxxxxxxxxxx.xxx (and any misspelling or substantially similar or confusingly similar version thereof) for placement in any cost per click search engine or other search engine, search marketing platform or social media platform in which listing order or display is determined by payment to the search engine or other third party. Further, Decolar will not use any Trademarks or names that are present in URLs owned by Expedia or its Affiliates, in each case in respect of the following brand names: “Expedia”, “Xxxxxxx.xx”, “Xxxxxxx.xxx”, “xxxxxx.xxx”, “xxxxxxx.xxx” “xxxxx.xxx”, “xxxxxx.xx”, “xxxxx.xx”, “venere”, “xxxxxx.xxx”, “hotwire”, “xxxxxxx.xxx”, “egencia”, “trivago”, “xxxxxxxxxx.xxx”, “xxxxxxxxx.xxx”, “xxxxxxxxxxx.xxx”, “xxxxxxx.xxx” and “xxxxxxxxxxxx.xxx (and any misspelling or substantially similar or confusingly similar version thereof), in keyword meta tags on any pages of the Decolar Website(s) or any other Websites or channels owned and/or operated by Decolar. If Expedia or its Affiliates receive a request from its or their suppliers requesting that Decolar cease bidding on a supplier Trademark or name or names present in a URL owned by such supplier, then Decolar will, at the request of Expedia, either (i) cease bidding upon such name or names or (ii) cease sourcing supplier’s inventory from Expedia and notify Expedia in writing of the same (it being agreed that such cessation shall in no way affect Decolar’s obligations and restrictions under this Agreement).

Restrictions on Online Use and Keyword Advertising. Decolar Expedia represents and warrants to Expedia Decolar that except for the limited, personal right to use ExpediaDecolar’s Trademarks as set forth in this Agreement, or according to applicable Law, Decolar Expedia shall not register, display or use in any context or manner (directly or indirectly), any Expedia Trademark the Decolar Trademarks (including, without limitation, any misspelling, variant, translation, transliteration or script substantially substantial similar or confusingly similar thereto), in any manner whatsoever (including without limitation, in any search engine marketing or optimization, in any domain name, social media handle, any other online/offline marketing, promotional activities or advertising, press releases, etc.) without first obtaining prior written approval from ExpediaDecolar. Without limiting the foregoing, Decolar Expedia shall not engage in any paid marketing or promotional activities that have as their purpose to intentionally and knowingly divert customers or traffic specifically from Expedia Decolar or its Affiliates, and Decolar Expedia will not bid on any names that are present in URLs or Trademarks owned or used by Expedia Decolar or its Affiliates or any Expedia Decolar Travel Supply Provider, in each case in respect of the following brand names: names (and any other Decolar or its Affiliates’ brand names notified to you from time to time): “ExpediaDespegar”, “Xxxxxxx.xxXxxxxxxx.xxx”; “Decolar”, “Xxxxxxx.xxx”, “xxxxxx.xxxViajes Falabella”, “xxxxxxx.xxx” “xxxxx.xxx”, “xxxxxx.xx”, “xxxxx.xx”, “venere”, “xxxxxx.xxx”, “hotwire”, “xxxxxxx.xxx”, “egencia”, “trivago”, “xxxxxxxxxx.xxx”, “xxxxxxxxx.xxx”, “xxxxxxxxxxx.xxx”, “xxxxxxx.xxxViajes Xxxxxxxxx.xxx” and “xxxxxxxxxxxx.xxx all related domain extensions (and including, without limitation, any misspelling or substantially similar or confusingly similar version thereof) ), for placement in any cost per click search engine or other search engine, search marketing platform or platform, social media platform, or mobile applications’ digital distribution platform in which listing order or display is determined by payment to the search engine or other third party. Further, Decolar Expedia will not use any Trademarks or names that are present in URLs owned by Expedia Decolar or its Affiliates, in each case in respect of the following brand names: names (and any other Decolar or its Affiliates’ brand names notified to you from time to time): “ExpediaDespegar”, “Xxxxxxx.xxXxxxxxxx.xxx”; “Decolar”, “Xxxxxxx.xxx”, “xxxxxx.xxxViajes Falabella”, “xxxxxxx.xxx” “xxxxx.xxx”, “xxxxxx.xx”, “xxxxx.xx”, “venere”, “xxxxxx.xxx”, “hotwire”, “xxxxxxx.xxx”, “egencia”, “trivago”, “xxxxxxxxxx.xxx”, “xxxxxxxxx.xxx”, “xxxxxxxxxxx.xxx”, “xxxxxxx.xxxViajes Xxxxxxxxx.xxx” and “xxxxxxxxxxxx.xxx all related domain extensions (and including, without limitation, any misspelling or substantially similar or confusingly similar version thereof)., in keyword meta tags on any pages of the Decolar Expedia Website(s) or any other Websites or channels owned and/or operated by DecolarExpedia. If Expedia Decolar or its Affiliates receive a request from its or their suppliers requesting that Decolar Expedia cease bidding on a supplier Trademark or name or names present in a URL owned by such supplier, then Decolar Expedia will, at the request of ExpediaDecolar, either (i) cease bidding upon such name or names or (ii) cease sourcing supplier’s inventory from Expedia and notify Expedia Decolar of such in writing of the same (it being agreed that such cessation shall in no way affect Decolar’s obligations and restrictions under this Agreement)writing.

Restrictions on Online Use and Keyword Advertising. Decolar Expedia represents and warrants to Expedia Decolar that except for the limited, personal right to use ExpediaDecolar’s Trademarks as set forth in this Agreement, or according to applicable Law, Decolar Expedia shall not register, display or use in any context or manner (directly or indirectly), any Expedia Trademark the Decolar Trademarks (including, without limitation, any misspelling, variant, translation, transliteration or script substantially substantial similar or confusingly similar thereto), in any manner whatsoever (including without limitation, in any search engine marketing or optimization, in any domain name, social media handle, any other online/offline marketing, promotional activities or advertising, press releases, etc.) without first obtaining prior written approval from ExpediaDecolar. Without limiting the foregoing, Decolar Expedia shall not engage in any paid marketing or promotional activities that have as their purpose to intentionally and knowingly divert customers or traffic specifically from Expedia Decolar or its Affiliates, and Decolar Expedia will not bid on any names that are present in URLs or Trademarks owned or used by Expedia Decolar or its Affiliates or any Expedia Decolar Travel Supply Provider, in each case in respect of the following brand names: “ExpediaDespegar”, “Xxxxxxx.xxXxxxxxxx.xxx”; “Decolar”, “Xxxxxxx.xxx”” *** Represents material which has been redacted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, “xxxxxx.xxx”as amended. and all related domain extensions (including, “xxxxxxx.xxx” “xxxxx.xxx”without limitation, “xxxxxx.xx”, “xxxxx.xx”, “venere”, “xxxxxx.xxx”, “hotwire”, “xxxxxxx.xxx”, “egencia”, “trivago”, “xxxxxxxxxx.xxx”, “xxxxxxxxx.xxx”, “xxxxxxxxxxx.xxx”, “xxxxxxx.xxx” and “xxxxxxxxxxxx.xxx (and any misspelling or substantially similar or confusingly similar version thereof) ), for placement in any cost per click search engine or other search engine, search marketing platform or social media platform in which listing order or display is determined by payment to the search engine or other third party. Further, Decolar Expedia will not use any Trademarks or names that are present in URLs owned by Expedia Decolar or its Affiliates, in each case in respect of the following brand names: “ExpediaDespegar”, “Xxxxxxx.xxXxxxxxxx.xxx”; “Decolar”, “Xxxxxxx.xxx”, “xxxxxx.xxx”, “xxxxxxx.xxx” “xxxxx.xxx”, “xxxxxx.xx”, “xxxxx.xx”, “venere”, “xxxxxx.xxx”, “hotwire”, “xxxxxxx.xxx”, “egencia”, “trivago”, “xxxxxxxxxx.xxx”, “xxxxxxxxx.xxx”, “xxxxxxxxxxx.xxx”, “xxxxxxx.xxx” and “xxxxxxxxxxxx.xxx all related domain extensions (and including, without limitation, any misspelling or substantially similar or confusingly similar version thereof)., in keyword meta tags on any pages of the Decolar Expedia Website(s) or any other Websites or channels owned and/or operated by DecolarExpedia. If Expedia Decolar or its Affiliates receive a request from its or their suppliers requesting that Decolar Expedia cease bidding on a supplier Trademark or name or names present in a URL owned by such supplier, then Decolar Expedia will, at the request of ExpediaDecolar, either (i) cease bidding upon such name or names or (ii) cease sourcing supplier’s inventory from Expedia and notify Expedia Decolar of such in writing of the same (it being agreed that such cessation shall in no way affect Decolar’s obligations and restrictions under this Agreement)writing.

Restrictions on Online Use and Keyword Advertising. Decolar Expedia represents and warrants to Expedia Decolar that except for the limited, personal right to use ExpediaDecolar’s Trademarks as set forth in this Agreement, or according to applicable Law, Decolar Expedia shall not register, display or use in any context or manner (directly or indirectly), any Expedia Trademark the Decolar Trademarks (including, without limitation, any misspelling, variant, translation, transliteration or script substantially substantial similar or confusingly similar thereto), in any manner whatsoever (including without limitation, in any search engine marketing or optimization, in any domain name, social media handle, any other online/offline marketing, promotional activities or advertising, press releases, etc.) without first obtaining prior written approval from ExpediaDecolar. Without limiting the foregoing, Decolar Expedia shall not engage in any paid marketing or promotional activities that have as their purpose to intentionally and knowingly divert customers or traffic specifically from Expedia Decolar or its Affiliates, and Decolar Expedia will not bid on any names that are present in URLs or Trademarks owned or used by Expedia Decolar or its Affiliates or any Expedia Decolar Travel Supply Provider, in each case in respect of the following brand names: “ExpediaDespegar”, “Xxxxxxx.xxXxxxxxxx.xxx”; “Decolar”, “Xxxxxxx.xxx”, “xxxxxx.xxx”, “xxxxxxx.xxx” “xxxxx.xxx”, “xxxxxx.xx”, “xxxxx.xx”, “venere”, “xxxxxx.xxx”, “hotwire”, “xxxxxxx.xxx”, “egencia”, “trivago”, “xxxxxxxxxx.xxx”, “xxxxxxxxx.xxx”, “xxxxxxxxxxx.xxx”, “xxxxxxx.xxx” and “xxxxxxxxxxxx.xxx all related domain extensions (and including, without limitation, any misspelling or substantially similar or confusingly similar version thereof) ), for placement in any cost per click search engine or other search engine, search marketing platform or social media platform in which listing order or display is determined by payment to the search engine or other third party. Further, Decolar Expedia will not use any Trademarks or names that are present in URLs owned by Expedia Decolar or its Affiliates, in each case in respect of the following brand names: “ExpediaDespegar”, “Xxxxxxx.xxXxxxxxxx.xxx”; “Decolar”, “Xxxxxxx.xxx”, “xxxxxx.xxx”, “xxxxxxx.xxx” “xxxxx.xxx”, “xxxxxx.xx”, “xxxxx.xx”, “venere”, “xxxxxx.xxx”, “hotwire”, “xxxxxxx.xxx”, “egencia”, “trivago”, “xxxxxxxxxx.xxx”, “xxxxxxxxx.xxx”, “xxxxxxxxxxx.xxx”, “xxxxxxx.xxx” and “xxxxxxxxxxxx.xxx all related domain extensions (and including, without limitation, any misspelling or substantially similar or confusingly similar version thereof)., in keyword meta tags on any pages of the Decolar Expedia Website(s) or any other Websites or channels owned and/or operated by DecolarExpedia. If Expedia Decolar or its Affiliates receive a request from its or their suppliers requesting that Decolar Expedia cease bidding on a supplier Trademark or name or names present in a URL owned by such supplier, then Decolar Expedia will, at the request of ExpediaDecolar, either (i) cease bidding upon such name or names or (ii) cease sourcing supplier’s inventory from Expedia and notify Expedia Decolar of such in writing of the same (it being agreed that such cessation shall in no way affect Decolar’s obligations and restrictions under this Agreement)writing.