GRAPHIC APPEARS HERE [BAR CODE]Program Agreement • December 11th, 2003 • Provide Commerce Inc • Services-business services, nec
Proflowers.com (“Customer”) including any of its divisions, subsidiaries and affiliates, a majority (defined as 51%) of whose voting stock is directly or indirectly owned by Customer, and FedEx enter into the following FedEx Express Pricing Program Agreement (the “Agreement”).
AMENDMENT 3 TO MICROSOFT CORPORATION / WEBTV SHOPPING INSERTION ORDERProvide Commerce Inc • December 11th, 2003 • Services-business services, nec
This Amendment 3 is made pursuant to that certain Microsoft Corporation / WebTV Shopping Insertion Order and the attached Microsoft Corporation Non-Standard Terms and Conditions dated June 26, 2000 by and between Microsoft Corporation and Proflowers (“Company”) and amended by that certain Amendment to Microsoft Corporation / WebTV Shopping Insertion Order dated September 7, 2001 and Amendment 2 dated August 22, 2002, whereby Microsoft Corporation assigned its rights and obligations thereunder to Microsoft Online, LP (collectively, the “Agreement”), and sets forth the terms pursuant to which Company will participate in the shopping placements in the MSN Shopping Channel (“MSN Shopping”), MSN TV Service Shopping Center as well as other Microsoft Corporation owned or controlled sites (collectively, the “Microsoft Shopping Channels”). Hereinafter Microsoft Corporation and Microsoft Online, LP will be referred to either collectively or individually as “Microsoft.”
AMENDMENT 2 TO MICROSOFT CORPORATION / WEBTV SHOPPING INSERTION ORDERProvide Commerce Inc • December 11th, 2003 • Services-business services, nec
This Amendment 2 is made pursuant to that certain Microsoft Corporation / WebTV Shopping Insertion Order and the attached Microsoft Corporation Non-Standard Terms and Conditions dated June 26, 2000 by and between Microsoft Corporation (“Microsoft”) and Proflowers (“Company”) and amended by that certain Amendment to Microsoft Corporation / WebTV Shopping Insertion Order dated September 7, 2001 (collectively, the “Agreement”), and sets forth the terms pursuant to which Company will participate in the shopping placements in the MSN Shopping Channel (“eShop”), MSN TV Service Shopping Center (“MSN TV Shopping”) as well as other Microsoft sites (collectively, the “Microsoft Shopping Channels”).
YAHOO! REMOTE MERCHANT INTEGRATION (RMI) AGREEMENTRmi) Agreement • December 11th, 2003 • Provide Commerce Inc • Services-business services, nec • California
THIS RMI AGREEMENT (the “Agreement”) is made as of this 23 day of August, 2000 (the “Effective Date”) between YAHOO! INC. (“Yahoo!”), a Delaware corporation, and Proflowers.com (“Merchant”), a Delaware corporation. In consideration of the mutual promises contained herein, the parties agree as follows:
AMENDMENT TO MICROSOFT CORPORATION/WEBTV SHOPPING INSERTION ORDERProvide Commerce Inc • December 11th, 2003 • Services-business services, nec
This Amendment is made pursuant to that certain Microsoft Corporation/WebTV Shopping Insertion Order and the attached Microsoft Corporation Non-Standard Terms and Conditions (the “Agreement”) dated June 26, 2000 by and between Microsoft Corporation (“Microsoft”) and Proflowers (“Company”) and confirms the terms pursuant to which Company will participate in the MSN Shopping Channel (“eShop”) and WebTV Service Shopping Center (“WebTV”).
CONFIDENTIAL EXECUTIONSecond Extension • December 11th, 2003 • Provide Commerce Inc • Services-business services, nec • California
THIS EXTENSION NO. 2 (this “Second Extension”) is entered into as of September 17, 2002 (the “Second Extension Effective Date”) by and between Yahoo! Inc. (“Yahoo!”), a Delaware corporation, and Proflowers, Inc. (“Merchant”), a Delaware corporation, and amends the Yahoo! Remote Merchant Integration (RMI) Agreement between Yahoo! and Merchant entered into as of August 23, 2000 (the “Agreement”), as amended by Extension No. 1 between Yahoo! and Merchant entered into as of December 19, 2001 (the “First Extension”).
Memorandum of Understanding Martha Stewart I Proflowers Floral PartnershipProvide Commerce Inc • December 11th, 2003 • Services-business services, nec
This Memorandum of Understanding (“MOU”) is made by and between Proflowers, Inc. (“Proflowers”) and Martha Stewart Living Omnimedia, Inc. (“MSO”), effective as of January 15, 2003 (“Effective Date”).
