Common use of Use of Promotional Content Clause in Contracts

Use of Promotional Content. 2.1. Partner may use certain promotional content as may be provided through the Program, including previews of songs and music videos, album art, and app icons ("Promo Content"), for the purposes of promoting the subject of the Promo Content or that subject’s inclusion in a related service; provided such Promo Content: (i) is placed only on pages that promote the content on which the Promo Content is based; (ii) is proximate to the appropriate Apple-approved web badge provided through the Program (“Badge”) that acts as a link directly to pages within the applicable country-specific store (each, a "Store," and collectively, the "Stores") where consumers can access the promoted content; (iii) includes attribution indicating the Promo Content was "provided courtesy of Apple" if such Promo Content includes song or music video previews; (iv) is streamed only, and not downloaded, saved, cached, or synchronized with video, if such Promo Content includes song or music video previews; (v) is not used for independent entertainment value apart from its promotional purpose; (vi) is not used to promote any other goods or services; and (vii) and Partner’s use of such content complies with all applicable laws, statutes, ordinances or regulations, including, without limitation, language requirements for advertisements, in all countries from which the Partner Property is accessible. With respect to any country at which Partner Property is targeted or from which the Partner Property is accessible (collectively, the "Target Country"), Partner shall select and use only the Promo Content made available through the Program for such Target Country. 2.2. To the extent that Partner displays on its Partner Property promotional content or creative that has not been provided through the Program, including but not limited to such content generated by Partner or other third party, (“Partner Creative”) (i) that incorporates a Qualifying Link (defined herein) as specified in the Program Terms and Conditions or (ii) advertises Promo Content, such Partner Creative must be proximate to an appropriate Badge. A "Qualifying Link" is a link directing the Customer from Partner's Partner Property to a Store using a specially configured URL as specified in the Partner Management Area or an Apple supported API as provided by Apple for use in the Partnerize Network. 2.3. Partner shall forward any claims received in connection with the Promo Content, Creative and/or Partner Creative to Apple immediately upon receipt, and will remove any such content immediately from its Partner Property upon request.

Use of Promotional Content. 2.1. Partner Publisher may use certain promotional content as may be provided through the Program, including previews of songs and music videos, album art, and app icons ("Promo Content"), for the purposes of promoting the subject of the Promo Content or that subject’s inclusion in a related service; provided such Promo Content: (i) is placed only on pages that promote the content on which the Promo Content is based; (ii) is proximate to the appropriate Apple-approved web badge provided through the Program (“Badge”) that acts as a link directly to pages within the applicable country-specific store (each, a "Store," and collectively, the "Stores") where consumers can access the promoted content; (iii) includes attribution indicating the Promo Content was "provided courtesy of Apple" if such Promo Content includes song or music video previews; (iv) is streamed only, and not downloaded, saved, cached, or synchronized with video, if such Promo Content includes song or music video previews; (v) is not used for independent entertainment value apart from its promotional purpose; (vi) is not used to promote any other goods or services; and (vii) and PartnerPublisher’s use of such content complies with all applicable laws, statutes, ordinances or regulations, including, without limitation, language requirements for advertisements, in all countries from which the Partner Publisher Property is accessible. With respect to any country at which Partner Publisher Property is targeted or from which the Partner Publisher Property is accessible (collectively, the "Target Country"), Partner Publisher shall select and use only the Promo Content made available through the Program for such Target Country. 2.2. To the extent that Partner Publisher displays on its Partner Publisher Property promotional content or creative that has not been provided through the Program, including but not limited to such content generated by Partner Publisher or other third party, (“Partner Publisher Creative”) (i) that incorporates a Qualifying Link (defined herein) as specified in the Program Terms and Conditions or (ii) advertises Promo Content, such Partner Publisher Creative must be proximate to an appropriate Badge. A "Qualifying Link" is a link directing the Customer from PartnerPublisher's Partner Publisher Property to a Store using a specially configured URL as specified in the Partner Publisher Management Area or an Apple supported API as provided by Apple for use in the Partnerize PHG Network. 2.3. Partner Publisher shall forward any claims received in connection with the Promo Content, Creative and/or Partner Publisher Creative to Apple immediately upon receipt, and will remove any such content immediately from its Partner Publisher Property upon request.