Security and Compliance with Specifications. Digital River agrees to comply with all the Specifications applicable for a particular Site, including all security on the Site, which are necessary to allow for the described functions to operate as the Partner desires, and to prevent third parties from unauthorized access or downloads of Symantec Products, as well as ensuring the ability to complete authorized access to the Symantec Products, starting from the Launch Date, and continuing throughout the life of the Site. If such malfunctions are not fully remedied within the time periods provided for under the terms of the Agreement or such applicable SIF, Digital River takes full financial responsibility for the failure to secure the Site and for failing to prevent unauthorized downloads or failure to allow authorized access to the Symantec Product, as such case may be, regardless of whether or not there is a third party Digital River or reseller involved, and will indemnify Symantec for the lost revenue it cannot charge its Partners for such lost downloads or inappropriate downloads for any other expenses incurred by Symantec as a result of inadequate security and for all other costs and losses incurred as a result of the inadequate security or malfunction of the Site, so long as such costs are adequately documented, and for any and all other costs and losses associated with such security or access problems. Further, Digital River may not charge Symantec or the Partner for any expenses it would normally be able to charge Symantec or the Partner for, including but not limited to, per download fees, which are incurred during the time in which the Site is * Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as *. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. inadequately secured or malfunctioning.
