Under FTDA Standards. FTDA agrees that it shall enforce the FTDA Standards and the other rules and regulations contained in the FTDA Handbook, to the full extent necessary to maintain and protect the goodwill associated with the Member Used Intellectual Property, and FTDI hereby acknowledges that the extent to which FTD enforced its standards prior to the Merger was sufficient for this purpose. Notwithstanding the foregoing, in the event a Member's violation pertains to the FTDA Standards (other than with respect to a FTDA Standard which pertains specifically to a Member's participation in another wire association), and FTDA fails in the reasonable opinion of FTDI to discipline said Member as required, FTDI shall have the right to take whatever action FTDI deems necessary to enforce the FTDA Standards against said Member, up to and including the imposition of limitations upon or termination of a Member's access to FTDI's clearinghouse, communications system and other business operations and/or suspension or termination of such Member's Trademark Membership License Agreement, it being understood that such discipline would not extend to that Member's status in FTDA or access to or other benefits or attributes of FTDA membership (other than with respect to such Member's access to FTDI's business operations as referred to above or the use of the Member Used Intellectual Property and the Trademark Membership License Agreement), provided that in the event a Member's access to FTDI's clearinghouse, communications system, and other business operations has been terminated by FTDI and/or the Trademark Membership License Agreement has been terminated by FTDI, FTDA, at the request of the Member (if FTDA agrees and reasonably determines that such termination was unreasonable), may submit such matter to a neutral arbitrator selected by FTDI and FTDA who shall apply the procedures in Section 7.8 of this Agreement. In the event the arbitrator determines upon such appeal that a Member's right to use the clearinghouse, communications system, other business operations, the Member Used Intellectual Property and the Trademark Membership License Agreement should be reinstated, and in the event that the Member has met its financial obligations to FTDI, FTDI shall reinstate the Member. The decision of the arbitrator shall be deemed to constitute action by FTDI to maintain the goodwill associated with the Member Used Intellectual Property."
Under FTDA Standards. FTDA agrees that it shall enforce the FTDA Standards and the other rules and regulations contained in the FTDA Handbook, to the full extent necessary to maintain and protect the goodwill associated with the Member Used Intellectual Property, and FTDI hereby acknowledges that the extent to which FTD enforced its standards prior to the Merger was sufficient for this purpose. Notwithstanding the foregoing, in the event a Member's violation pertains to the FTDA Standards and FTDA fails in the reasonable opinion of FTDI to discipline said Member as required, FTDI shall have the right to take whatever action FTDI deems necessary to enforce the FTDA Standards against said Member, including seeking termination of membership, provided that in the event FTDA reasonably believes that it has taken appropriate action regarding the Member, FTDA may submit such matter to a neutral arbitrator selected by FTDI and FTDA who shall apply the procedures in Section 7.8 of this Agreement. In the event the arbitrator requires more than thirty days in which to render his or her decision, FTDI shall have the right during the pendency of the decision to take whatever steps it deems reasonably necessary to maintain the goodwill associated with the Member Used Intellectual Property used by said Members. The decision of the arbitrator shall be deemed to constitute action by FTDI to maintain the goodwill associated with the Member Used Intellectual Property.
