Common use of Employees and Representatives Clause in Contracts

Employees and Representatives. Unless otherwise agreed in writing, each employee and representative of United Online (or a member of the UOL Entities) that provides Services to FTD (or a member of the FTD Entities) pursuant to this Agreement shall (a) be deemed for all purposes to be an employee or representative of United Online (or such member of the UOL Entities) and not an employee or representative of FTD (or such member of the FTD Entities) and (b) be under the direction, control and supervision of United Online (or such member of the UOL Entities), and United Online (or such member of the UOL Entities) shall have the sole right to exercise all authority with respect to the employment (including termination of employment) and assignment of such employee or representative and shall have the sole responsibility to pay for all personnel and other related expenses, including salary or wages, of such employee or representative. For the sake of clarity, United Online (or the applicable member of the UOL Entities) shall have no obligation to ensure that the same individuals who have historically performed particular Services will continue to perform such Services hereunder, and United Online (or the applicable member of the UOL Entities) shall in its sole discretion determine the appropriate individuals to assign to particular Services, including, without limitation, the appropriate level of seniority and supervision required therefor.