Exhibit 10.2
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| EXECUTION COPY
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Contract #1-26652287-3 |
This Amendment #3 to the
Yahoo! Publisher Network Agreement #1-26652287 (“
Amendment
#3”) is entered into as of the latter date of either Yahoo! or Publisher’s signature below
(“
Amendment #3 Effective Date”) and is made by and among Xxxxx.xxx Corporation
(“
Publisher”) and Yahoo! Inc. (“
Yahoo!”), and modifies the
Yahoo! Publisher Network
Agreement #1-26652287 by and among the same parties effective as of August 25, 2010, as amended
(the “
Agreement”).
In consideration of mutual covenants and for such other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged by the parties hereto, Publisher and
Yahoo! hereby agree as follows:
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Part E of the “Deployment of Services on Publisher’s Offerings” section on page one (1) of
the Service Order to the Agreement is hereby deleted and replaced with the following
(additions shown in italics): |
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1. |
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Link = Search Box; Results = Paid
Search Results; Publisher’s Offering = the following
Applications: (a) the SmartLinks plug-in application
and (b) Mobile Applications (as defined in the Software
Attachment). |
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2. |
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Section 1 (Definitions) of Attachment F (Software Attachment) is hereby amended as follows: |
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a. |
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The definition of “Application” in Section 1(a) is hereby deleted and replaced with the
following (additions shown in italics): |
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(a) |
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Applications: Publisher’s or a Yahoo! approved
Affiliate’s software application(s) shown in the SO or
described elsewhere in the Agreement. Applications also include
Mobile Applications that are approved in writing by Yahoo!. |
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b. |
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The following new definition is hereby added as Section 1(f): |
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(f) |
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Mobile Applications: Software applications that
are made available to users for downloading and use on mobile
devices and that are approved in writing by Yahoo!. |
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The Agreement is amended to add the mockups attached to this Amendment #3. |
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Miscellaneous. |
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(a) |
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Except as expressly set forth herein, the terms and conditions of the Agreement are
unmodified and remain in full force and effect. |
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(b) |
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The Agreement is amended to provide that references in the Agreement to “this
Agreement” or “the Agreement” (including indirect references such as “hereunder”, “hereby”,
“herein” and “hereof”) shall be deemed references to the Agreement as amended hereby. All
capitalized defined terms used but not defined herein shall have the same meaning as set
forth in the Agreement. |
Yahoo ! Confidential
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| EXECUTION COPY
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Contract #1-26652287-3 |
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(c) |
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This Amendment #3 may be executed in one or more counterparts, each of which when
executed shall be deemed to be an original but all of which taken together shall constitute
one and the same instrument. An electronically transmitted signature via pdf or facsimile
shall be deemed the equivalent to an original ink signature. |
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(d) |
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In the event of a conflict between any of the terms and conditions of the Agreement
and any of the terms and conditions of this Amendment #3, the terms and conditions of this
Amendment #3 shall control. |
IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this Amendment #3 as of the
Amendment #3 Effective Date.
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| XXXXX.XXX CORPORATION |
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YAHOO! INC. |
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By:
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/s/ Xxxx Xxxxxxxxxx
Name: Xxxx Xxxxxxxxxx
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By:
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/s/ Xxxxx Xxxxxxxx
Name: Xxxxx Xxxxxxxx
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Title: Sr. VP and GM, Network Properties
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Title: Vice President |
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Date: May 6, 2011
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Date: May 6, 2011 |
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Yahoo ! Confidential
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