Common use of SOLICITATION OF SUBSCRIBERS Clause in Contracts

SOLICITATION OF SUBSCRIBERS. (a) MERCHANT will not send unsolicited, commercial e-mail through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL User to whom commercial e-mail is being sent has voluntarily either (i) engaged in a transaction with MERCHANT or (ii) provided information to MERCHANT through a contest, registration, on other communication, which included notice to the AOL User that the information provided could result in commercial e-mail being sent to that AOL User by MERCHANT or its agents. More generally, any commercial e-mail to be sent through or into AOL's products or service shall be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through the AOL service in question) and the limitations set forth in Exhibit B. (b) MERCHANT shall ensure that its collection, use and disclosure of Information obtained from AOL Users under this Agreement ("User Information") complies with (i) all applicable laws and regulations and (ii) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy." (c) MERCHANT will not disclose User Information to any third party in a manner that identifies AOL User as end users of an AOL product or service or use User Information collected under this Agreement to market an interactive Service competitive with AOL; provided that the restrictions in this subsection (c) shall not restrict MERCHANT's use of any information collected independently of this Agreement. For the purpose of this Agreement, the term "Interactive Service Provider" shall mean and refer to an entity offering one or more of the following: (i) online or Internet connectivity services (e.g., an Internet service provider); (ii) a broad selection of aggregated third party interactive content (or navigation thereto) (e.g., an online service or search and directory service); (iii) communications software capable of serving as the principal means through which a user creates, sends and receives electronic mail or real time online messages.

SOLICITATION OF SUBSCRIBERS. (a) During the term of the Agreement and for a two year period thereafter, MERCHANT will not use the AOL Network (including, without limitation, the e-mail network contained therein) to solicit AOL Users on behalf of another Interactive Service. MERCHANT will not send unsolicited, commercial e-mail or other online communication through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL User to whom commercial e-mail or other online communication is being sent has voluntarily either (i) engaged in a transaction with MERCHANT or (ii) provided information to MERCHANT through a contest, registration, on or other communication, which included notice to the AOL User that the information provided could result in commercial e-mail or other online communication being sent to that AOL User by MERCHANT or its agents. More generally, any commercial e-mail or other online communication to be sent through or into AOL's products or service services shall be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through the AOL service in question) and the limitations set forth in Exhibit B.C. (b) MERCHANT shall ensure that its collection, use and disclosure of Information information obtained from AOL Users under this Agreement ("User Information") complies with (i) all applicable laws and regulations and (ii) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy", and (iii) AOL's applicable Terms of Service." (c) MERCHANT will not disclose User Information to any third party in a manner that identifies AOL User as end users of an AOL product or service or use User Information collected under this Agreement to market an interactive Interactive Service competitive with AOL; provided that the restrictions in this subsection (c) shall not restrict MERCHANT's use of any information collected independently of this Agreement. For the purpose of this Agreement, the term "Interactive Service Provider" shall mean and refer to an entity offering one or more of the following: (i) online or Internet connectivity services (e.g., an Internet service provider); (ii) a broad selection of aggregated third party interactive content (or navigation thereto) (e.g., an online service or search and directory service); (iii) communications software capable of serving as the principal means through which a user creates, sends and receives electronic mail or real time online messages.

SOLICITATION OF SUBSCRIBERS. (a) MERCHANT will not send unsolicited, -------------------------------- commercial e-mail through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL User to whom commercial e-mail is being sent has voluntarily either (i) engaged in a transaction with MERCHANT or (ii) provided information to MERCHANT through a contest, registration, on or other communication, which included notice to the AOL User that the information provided could result in commercial e-mail being sent to that AOL User by MERCHANT or its agents. More generally, any commercial e-mail mall to be sent through or into AOL's products or service services shall be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through the AOL service in question) and the limitations set forth in Exhibit B.). (b) MERCHANT shall ensure that its collection, use and disclosure of Information information obtained from AOL Users under this Agreement ("User Information") complies with (i) all i)all applicable laws and regulations and (ii) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy"." (c) MERCHANT will not disclose User Information to any third party in a manner that identifies AOL User as end users of an AOL product or service or use User Information collected under this Agreement Agreement, to market an interactive Service [ * ] competitive with AOL; provided that the restrictions in this subsection (c) shall not restrict MERCHANT's use of any information collected independently of this Agreement. For the purpose of this Agreement, the term "Interactive Service Provider" [ * ] shall mean and refer to an entity offering one or more of the following: (i) online or Internet connectivity services (e.g., an Internet service provider); (ii) a broad selection of aggregated third party interactive content (or navigation thereto) (e.g., an online service or search [ * ] * Certain confidential information on this page has been omitted and directory service); (iii) communications software capable of serving as filed separately with the principal means through which a user Securities and Exchange Commission. creates, sends and receives electronic mail or real time online messages.

SOLICITATION OF SUBSCRIBERS. (a) MERCHANT will not send unsolicited, commercial e-mail through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL User to whom commercial e-mail is being sent has voluntarily either (i) engaged in a transaction with MERCHANT or (ii) provided information to MERCHANT through a contest, registration, on or other communication, which included notice to the AOL User that the information provided could result in commercial e-mail being sent to that AOL User by MERCHANT or its agents. More generally, any commercial e-mail to be sent through or into AOL's products or service services shall be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through the AOL service in question) and the limitations set forth in Exhibit B. (b) MERCHANT shall ensure that its collection, use and disclosure of Information information obtained from AOL Users under this Agreement ("User Information") complies with (i) all applicable laws and regulations and (ii) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy"." (c) MERCHANT will not disclose User Information to any third party in a manner that identifies AOL User as end users of an AOL product or service or use User Information collected under this Agreement to market an interactive Interactive Service competitive with AOL; provided that the restrictions in this subsection (c) shall not restrict MERCHANT's use of any information collected independently of this Agreement. For the purpose of this Agreement, the term "Interactive Service Provider" shall mean and refer to an entity offering one or more of the following: (i) online or Internet connectivity services (e.g., an Internet service provider); (ii) a broad selection of aggregated third party interactive content (or navigation thereto) (e.g., an online service or search and directory service); (iii) communications software capable of serving as the principal means through which a user creates, sends and receives electronic mail or real time online messages.

SOLICITATION OF SUBSCRIBERS. (ai) MERCHANT During the term of this Agreement and for a two year period thereafter, Consultant will not use the AOL Network (including, without limitation, the e-mail network contained therein) to solicit AOL Members on behalf of another Interactive Service. More generally, Consultant will not send unsolicited, commercial e-mail (i.e., "spam") or other online communications through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL User Member to whom commercial e-mail or other online communication is being sent has voluntarily either (iA) engaged in a transaction with MERCHANT Consultant or (iiB) provided information to MERCHANT Consultant through a contest, registration, on or other communication, which included clear notice to the AOL User Member that the information provided could result in commercial e-mail or other online communications being sent to that AOL User Member by MERCHANT Consultant or its agents. More generally, any Any commercial e-mail or other online communications to be sent through or into AOL's products or service AOL Members which are otherwise permitted hereunder will (x) include a prominent and easy means to "opt-out" of receiving any future commercial communications from Consultant and (y) shall also be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through or into the AOL product or service in question) and the limitations set forth in Exhibit B.). (bii) MERCHANT Consultant shall ensure that its collection, use and disclosure of Information information obtained from AOL Users Members under this Agreement ("User Member Information") complies with (iA) all applicable laws and regulations and (iiB) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy." (c) MERCHANT . Except to the extent required by law, rule, regulation or government or court order, Consultant will not disclose User Member Information collected hereunder to any third party in a manner that identifies AOL User Members as end users of an AOL product or service or use User Member Information collected under this Agreement to market an interactive Service competitive with AOL; provided that the restrictions in this subsection (c) shall not restrict MERCHANT's use of any information collected independently of this Agreement. For the purpose of this Agreement, the term "another Interactive Service Provider" shall mean and refer to an entity offering one or more of the following: (i) online or Internet connectivity services (e.g., an Internet service provider); (ii) a broad selection of aggregated third party interactive content (or navigation thereto) (e.g., an online service or search and directory service); (iii) communications software capable of serving as the principal means through which a user creates, sends and receives electronic mail or real time online messagesService.

SOLICITATION OF SUBSCRIBERS. (a) MERCHANT will not send unsolicited, commercial e-mail through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL User to whom commercial e-mail is being sent has voluntarily either (i) engaged in a transaction with MERCHANT or (ii) provided information to MERCHANT through a contest, registration, on or other communication, which included notice to the AOL User that the information provided could result in commercial e-mail being sent to that AOL User by MERCHANT or its agents. More generally, any commercial e-mail mall to be sent through or into AOL's products or service services shall be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through the AOL service in question) and the limitations set forth in Exhibit B.). (b) MERCHANT shall ensure that its collection, use and disclosure of Information information obtained from AOL Users under this Agreement ("User Information") complies with (i) all applicable laws and regulations and (ii) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy"." (c) MERCHANT will not disclose User Information to any third party in a manner that identifies AOL User as end users of an AOL product or service or use User Information collected under this Agreement Agreement, to market an interactive Service [*****] competitive with AOL; provided that the restrictions in this subsection (c) shall not restrict MERCHANT's use of any information collected independently of this Agreement. For the purpose of this Agreement, the term "Interactive Service Provider" [*****] shall mean and refer to an entity offering one or more of the following: (i) online or Internet connectivity services (e.g., an Internet service provider); (ii) a broad selection of aggregated third party interactive content (or navigation thereto) (e.g., an online service or search and directory service); (iii) communications software capable of serving as the principal means through which a user creates, sends and receives electronic mail or real time online messages[*****.]

SOLICITATION OF SUBSCRIBERS. (a) During the term of the Agreement and for a two year period thereafter, MERCHANT will not use the AOL Network (including, without limitation, the e-mail network contained therein) to solicit AOL Members or AOL Users on behalf of another Interactive Service. MERCHANT will not send unsolicited, commercial e-mail through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL User to whom commercial e-mail is being sent has voluntarily either (i) engaged in a transaction with MERCHANT or (ii) provided information to MERCHANT through a contestconsent, registration, on or other communication, which included notice to the AOL User that the information provided could result in commercial e-mail being sent to that AOL User by MERCHANT or its agents. More generally, any commercial e-mail to be sent through or into AOL's products or service services shall be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through the AOL service in question) and the limitations set forth in Exhibit B.C. (b) MERCHANT shall ensure that its collection, use and disclosure of Information information obtained from AOL Users under this Agreement ("User Information") complies with (i) all applicable laws and regulations and (ii) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy", and (iii) AOL's applicable Terms of Service." (c) MERCHANT will not disclose User Information to any third party in a manner that identifies AOL User as end users of an AOL product or service or use User Information collected under this Agreement to market an interactive Interactive Service competitive with AOL; provided that the restrictions in this subsection (c) shall not restrict MERCHANT's use of any information collected independently of this Agreement. For the purpose of this Agreement, the term "Interactive Service Provider" shall mean and refer to an entity offering one or more of the following: (i) online or Internet connectivity services (e.g., an Internet service provider); (ii) a broad selection of aggregated third party interactive content (or navigation thereto) (e.g., an online service or search and directory service); (iii) communications software capable of serving as the principal means through which a user creates, sends and receives electronic mail or real time online messages.