White Label Sites. The Per-PNR Fee will apply to all QPX-Powered PNRs created on White Label Sites, pursuant to Section 2(c), except that in the event the business model for a White Label Site does not consist primarily of using search to generate bookings on Orbitz, then Orbitz may not provide QPX to such White Label Site unless and until ITA and Orbitz have agreed to such use of QPX and the manner in which the fee for such white label use would be calculated. In any event, fees paid with respect to White Label Sites shall not be counted toward the annual minimum described in Section 8(a).
White Label Sites. Orbitz may incorporate QPX into a “white label” travel web site, referred to hereunder as a “White Label Site”. In order to be considered a White Label Site, a web site must fulfill the following conditions:
White Label Sites. Kayak may not allow []*, or another entity of similar size in the search field or similar prominence in the search field, to submit Queries to the ITA Software, unless the following conditions are fulfilled (a site fulfilling such conditions is referred to as a “White Label Site”, provided that for the purposes of the following, the “White Label Site” will be deemed to be the web site or page where the search results generated by the ITA Software are displayed, currently described in Kayak’s agreements with its partners as a “Co-Branded Site”):
White Label Sites. Orbitz may incorporate the ITA Technology into a “white label” travel web site, referred to hereunder as a “White Label Site”. In order to be considered a White Label Site, a web site must fulfill the following conditions:
White Label Sites. Orbitz may incorporate the ITA Technology into a “white label” travel web site, referred to hereunder as a “White Label Site”. In order to be considered a White Label Site, a web site must fulfill the following conditions: (i) Orbitz must provide the site with a product incorporating both the ITA Technology shopping and an Orbitz booking capability, and that consists of materially greater functionality than that of the ITA Technology alone; (ii) the site must not contain any air-related functionality other than that provided by Orbitz, and must otherwise have substantially the same functionality for the same booking path as the Orbitz site but be branded with the Orbitz White Label Customer's brand; (iii) Queries will not be submitted to the ITA Technology directly from the White Label Site, but instead will go through the Orbitz presentation layer code (i.e., all white label customers will gain access to Orbitz via an Orbitz-provided API); (iv) the site must not contain any files related to air functionality that are not supplied by Orbitz other than static files such as .gif or .jpeg files; i.e., the white label customer may customize only the “front end” appearance of the site. In addition, the following terms will apply to Orbitz's provision of the ITA Technology to a White Label Site: (v) Orbitz will provide written notice to ITA of any new arrangement to provide a White Label Site. (vi) Orbitz may not, without ITA's prior approval, use the ITA Technology to provide any services to airlines, except that Orbitz may offer a “packaged” product to a niche portion of an airline web site (such as vacation travel), where such packaged offerings consists, at a minimum, of air-related services bundled with car and/or hotel. (vii) All the restrictions set forth in Section 2(b) and this Section 2(c) will apply to any White Label Site as well as to Orbitz, and Orbitz agrees that either (A) Orbitz will be liable to ITA for violation by the Orbitz White Label Customer of such restrictions or (B) it will enter into an enforceable agreement with respect to such restrictions with the Orbitz White Label Customer to which Orbitz is providing the White Label Site, and ITA will be the intended third party beneficiary thereof. (d)
