MATCH EMAIL PROGRAM Sample Clauses

MATCH EMAIL PROGRAM. 4.1 MATCH EMAIL DELIVERY. Match will deliver ** Yahoo Email Messages ("Yahoo Email Obligation") and will use commercially reasonable efforts to ------------- ** Ticketmaster has requested from the SEC confidential treatment of this information. A complete copy of this Exhibit has been sent to the SEC along with a request that this information be kept confidential. deliver the Yahoo Email Messages in accordance with the specific breakdown in EXHIBIT E and in an evenly distributed manner over the Term. Match will make commercially reasonable efforts to deliver the first ** Yahoo Email Messages by the ** anniversary date of the Yahoo Linking Program Launch Date ("Initial Yahoo Email Delivery"). In the event that (a) either Party exercises its right of early termination pursuant to Section 13.2(a)(ii) and Match fails to deliver the Initial Yahoo Email Delivery, Match will "make good" the shortfall in the areas of placement set forth in EXHIBIT E within ** after such early termination, or (b) neither Party exercises its right of early termination and Match fails to deliver the Yahoo Email Obligation before the expiration of the Term, Match will "make good" the shortfall in the areas and placement set forth in EXHIBIT E until the total number of Yahoo Email Messages are delivered in full within ** following the expiration of the Term. Such "make good" sets forth the entire liability of Match, and Yahoo's sole remedy, for Match's failure to meet its obligations with respect to the total number of Yahoo Email Messages to be delivered hereunder. Match will only deliver Yahoo Email Messages to users who have indicated a willingness to receive promotional offers from Match. The Parties agree more than one Yahoo Email Message may go to the same user provided that such Yahoo Email Messages are each unique. Yahoo will provide to Match the Yahoo-related text for the Yahoo Email Messages. Match will not send any Yahoo Email Messages referencing any Yahoo Restricted Company. Notwithstanding the foregoing, Match shall be permitted to include ** with ** in connection with such companies' ** properties.
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