EXHIBIT 10(rr)
Ogilvy & Xxxxxx
Xxxxxxxxx Xxxxx
000 Xxxx 00xx Xxxxxx * New York, New York * 00000-0000
Telephone: (000) 000-0000 * Telex 12279 * Facsimile: (212) 237-5123
September 12, 1997
Xx. Xxxxxx Xxxxxxx
Sandbox Entertainment
000 Xxxxx Xxxxxx
Xxx Xxxx, XX 00000
Dear Xxxxxx:
This serves as a binding agreement between Ogilvy & Xxxxxx, as agent of IBM, and
Sandbox Entertainment for the sponsorship of the Trade Center, MBA Challenge and
Blue Chip Challenge on Final Xxxx (xxx.xxxxxxxxx.xxx) on behalf of IBM, its
wholly-owned subsidiaries, and its business partners for IBM.
Flight: September 15, 1997 - March 14, 1998
Net Cost: $180,000
Impression Guarantee: 1,000,000
Sponsorship Details: Based on Sandbox Proposal dated August 20, 1997
Placement Restrictions: IBM banners/logos are not to appear in conjunction with
any chat room without express written permission from IBM.
Bannerviews are defined as the number of times that IBM's ad banner has been
fully downloaded. In reporting and for guarantee purposes please remove all
impressions from xxxxxx.xxx.
Makegoods: Should vendor fail to reach the guaranteed number of bannerviews/mo,
Client will receive a credit in the amount prorated of missed impressions or the
completion of missed banners and 10% penalty for all banners missed above and
beyond the guarantee.
Bonus: Client will not be charged for any amount of Bannerviews over guaranteed
amount.
Media: Contact Xxxx Xxxxxx for any media questions at 000-000-0000.
Traffic: Contact Xxxxxxx Xxxxxx for any questions on traffic instructions at:
212-237-6429
Billing: To insure that you get paid properly and in a timely fashion, all
invoices must include the name of this campaign on the billing. We cannot assure
timely payment of invoices that do not include the campaign name.
This campaign is: "IBM Brand e-Business".
Reports: Reports, which include Bannerview and Catches to the IBM Banner, will
be generated on a weekly basis and sent to Xxxxx Xxxxxx via Email:
xxxxx.xxxxxx @ xxxxxx.xxx. Please email online reporting instructions to them as
well. A 3rd-Party Audited Statement specifically detailing the number of
BannerViews should be both Emailed or Faxed and mailed to: Xxxx Xxxxxx, Ogilvy &
Xxxxxx, 000 Xxxx 00xx Xx., 0xx Xxxxx, Xxx Xxxx, XX 00000. As these reports
provide the basis for fulfillment of our agreement, please provide them on a
timely basis.
Technology Requirements
-----------------------
By signing this contract you agree to the following technology requirements.
Failure to accept the below technology on your site after signing this contract
will result in Ogilvy & IBM ceasing all IBM activity on your site.
The technology requirements you agree to:
o Site must have capability to post an HTML based/enhanced banner composed of
multiple graphics as well as a CGI based form pull down menu all contained
within HTML table coding.
o Site must have ability to host the CGI script necessary to execute the pull
down menu requests.
o Site must have ability to run javascript banners and embedded coding
associated with these banners.
o Site must confirm that their ability to post these banners will have no
effect upon tracking data made available to Ogilvy & IBM.
Cancellation:
Should vendor fail to deliver any of the agreed upon advertising media or
reports, client reserves cancellation privileges without penalty.
Should IBM's logo or advertising banner appear in conjunction with any
inappropriate material, such as nudity, foul language, hatred sites, anarchy
sites (ie., how to make a bomb), this contract is null and void and the site,
IBM, agrees to indemnify IBM from any legal action that may ensure.
All information in this agreement and attached IBM guidelines are confidential
and proprietary. Any breach in confidentiality will serve to nullify this
agreement.
By posting advertising, you acknowledge receipt of and agree to comply with
Ogilvy & Mather's on-line advertising guidelines, effective June 1, 1997
attached hereto. Failure to comply with this agreement without prior Ogilvy &
Xxxxxx approval, may result in the nullification of the agreement. Payment may
be withheld for all activity, and you will further be held responsible for any
and all damages associated with non-compliance.
Should you have any questions, please call.
Sincerely,
Xxxxxx Xxxxxx
Interactive Media Planner
cc: X. Xxxxxxxxxx (O&M)
X. Xxxxxx
Please sign and return to indicate acceptance of this agreement.
Fax to: (000) 000-0000.
Name: /s/ Xxxxx X. Xxxxx Date: September 15, 1997
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Name: Date:
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Xxxxxxx.xxx
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xxx.xxxxxxx.xxx xxxx@xxxxxxx.xxx 602.468.6400 2231 East Camelback
000.000.0000 FAX Xxxxx 000
Xxxxxxx, XX 00000
Sandbox Entertainment
Corporation
September 23, 1997
Xxxx Xxxxxx
Interactive Media planner
Ogilvy & Xxxxxx
000 Xxxx 00xx Xxxxxx
Xxx Xxxx, XX 00000-0000
Dear Andy:
Attached you will find the signed copy of the contract. Per our conversation in
the September 16 meeting, this letter will confirm your agreement to the
following changes to the contract between Ogilvy & Xxxxxx, as agent of IBM, and
Sandbox Entertainment for the sponsorship of the Trade Center in Final Xxxx.
o Under "Bannerviews are defined as the number of times that IBM's ad banner
has been fully downloaded", Sandbox does not count fully downloaded banner
impressions.
o Under "In reporting and for guarantee purposes please remove all
impressions from xxxxxx.xxx." Sandbox will adjust total impressions
downward by 1/10th of 1% to cover this request.
o Counting for impression Guarantee: per your email, this is clarification of
impression counting. "Regarding the impressions, the header can count
towards the guaranteed impressions as long as there is nothing else fixed
on the page (banner) that is counting towards guaranteed impressions. In
other words if a user is on the page with the header and a banner, this
should not be considered 2 impressions it should only be 1 impression."
o Technology Requirements: Sandbox will display the various types of ad
technologies outlined in the agreement, however it will have an effect on
the tracking data made available to Ogilvy and IBM. Sandbox is currently
upgrading its ad delivery software to accommodate the various ad
technologies and reporting criteria. This software should be available in
the fourth quarter on 1997.
o Finally, Sandbox is contracting with ABVS, the auditing service, to
generated reports on overall web site information, and not individual xx
xxxxxxxxx. A fourth quarter start date for the audit process is scheduled.
Reporting impressions and clicks by creative is handled internally by Sandbox.
Sincerely,
Xxxxx X. Xxxxx
Vice President Marketing
JL/bb
enclosures
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