Common use of Broken Links Clause in Contracts

Broken Links. If any Links, updated by Digital River or Digital River ADM staff updating on behalf of Symantec, do not default back to a Symantec approved landing page on S▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ that offers only Symantec products for sale (“Broken Links”), then the time such Broken Links do not comply with this Section 1(e) will be treated as a breach and Digital River shall pay to Symantec an amount as liquidated damages (and not as a penalty) equal to the average amount remitted to Symantec for Net Sales of the affected products during the * Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as *. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. same time periods (i.e., day of the week, time of the day, duration of outage) in the four weeks prior to the Broken Link’s existence.

Appears in 2 contracts

Sources: Symantec Online Store Agreement (Digital River Inc /De), Symantec Online Store Agreement (Symantec Corp)