EXHIBIT 10.16
FIRST AMENDMENT TO THE
ADVERTISING AND PROMOTION AGREEMENT
This First Amendment to the Advertising and Promotion Agreement (the "First
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Amendment") is entered into as of October 18, 2000 (the "First Amendment
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Effective Date") between Yahoo! Inc., a Delaware corporation ("Yahoo") and
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xXxxxx.xxx, Inc., a Delaware corporation ("iPrint") and amends the Advertising
and Promotion Agreement entered into on April 6, 2000 (the "Agreement"). Unless
otherwise expressly defined herein, all capitalized terms used herein shall have
the meanings set forth in the Agreement.
In consideration of the mutual promises contained in this Agreement, Yahoo
and iPrint hereby amend the Agreement as follows:
1. In Section 1 of the Agreement, the definition of "Term" shall be replaced in
its entirety with the following definition:
"Term" means the period beginning on the Effective Date and continuing
until ****.
2. Section 8.1 of the Agreement shall be replaced in its entirety with the
following:
8.1 Starting on the Launch Date and during the Term, Yahoo will
deliver **** over the Term a **** Page Views of the iPrint Free Business Card
Module and Yahoo Printing Center Link ("Total Program Page Views"). During the
Term of the Agreement, Yahoo shall use **** to deliver such Page Views as
follows:
a. **** Page Views of the iPrint Free Business Card Module on the
Yahoo Mail Registration Confirmation Page.
b. **** Page Views of Yahoo Printing Center Link in the Yahoo
Printing Center Pages.
Notwithstanding the foregoing and subject to Section 8.2, Yahoo shall not be
in breach of this Agreement for its failure to distribute the Page Views
exactly as set forth in Section 8.1(a) and 8.1(b) above, so long as (i)****,
and (ii) Yahoo's delivers **** set forth in Section 8.1(a) (e.g. Yahoo is
not in breach if it delivers **** Page Views of the iPrint Free Business
Card Module and **** Page Views of the Yahoo Printing Center Link). The
parties acknowledge that Yahoo does not guarantee any specific number of
Page Views for the iPrint Brand Reference, iPrint Printing Center Links, and
iPrint Content, and any Page Views achieved from such items shall not apply
towards Total Program Page Views set forth above.
3. Section 9.1 of the Agreement shall be replaced in its entirety with the
following:
9.1 iPrint will pay Yahoo a non-refundable, non-creditable fee of **** (the
"Fee") payable in accordance with the schedule set forth below. **** of the
first
/****/ Confidential Treatment Requested. The confidential portions have been
filed separately with the Securities and Exchange Commission.
payment is designated as a non-refundable and non-creditable set up fee for
design, setup and development of the iPrint Links and iPrint Emails.
Payment Date
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$**** ****
$**** ****
$**** ****
$**** ****
$**** ****
4. Except as expressly amended as set forth herein, the Agreement shall remain
in full force and effect in accordance with its terms.
This First Amendment has been executed by the duly authorized
representatives of the parties, effective as of the First Amendment Effective
Date. This First Amendment may be executed in two counterparts, both of which
taken together shall constitute a single instrument. Execution and delivery of
this First Amendment may be evidenced by facsimile transmission.
YAHOO INC XXXXXX.XXX, INC.
By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxx X. XxXxxxxxx
Name: Xxxxxxx Xxxxxx Name: Xxxxx X. XxXxxxxxx
Title: President and Chief Title: Chief Operating Officer
Operating Officer and Chief Financial Officer
/****/ Confidential Treatment Requested. The confidential portions have been
filed separately with the Securities and Exchange Commission.
