Common use of No Disparaging Comments Clause in Contracts

No Disparaging Comments. Yahoo will not post any disparaging comments attributable to Yahoo about Overture or the Overture Results on Yahoo Search and the accompanying directory property during the Term (e.g., [*]), and Overture will not post any disparaging comments attributable to Overture about Yahoo or Yahoo Search on the Overture Site during the Term. In addition, during the Term, Yahoo agrees (a) not to use Overture’s Confidential Information, the Overture Results or the Overture Reports for the purpose of selling Overture advertisers placement in any Yahoo search sponsor matches program; (b) not to target Overture advertisers by parsing the Overture XML feed for Overture advertiser contact information or by obtaining such information from another source provided by Overture. Notwithstanding the foregoing, under no circumstances shall this Agreement be deemed to restrict Yahoo in any manner from: (1) marketing any Yahoo product or service (including but not limited to any Yahoo sponsor matches program) to any existing Yahoo advertiser, content provider, or Yahoo registered user; (2) marketing any Yahoo product or service to any potential Yahoo * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION CONFIDENTIAL advertiser through “one-to-one” contacts (e.g., telephone calls, letter, e-mails, sales calls); or (3) marketing any Yahoo product or service through any mass media (e.g., television, radio, print, online) that does not specifically target Overture advertisers by name. For clarity, individual Yahoo! salespeople may distinguish Yahoo! sponsor matches programs from Overture’s by comparing aspects of the two programs (e.g., [*]).

No Disparaging Comments. Yahoo will not post any disparaging comments attributable to Yahoo about Overture or the Overture Results on Yahoo Search and the accompanying directory property during the Term (e.g., [*]), and Overture will not post any disparaging comments attributable to Overture about Yahoo or Yahoo Search on the Overture Site during the Term. In addition, during the Term, Yahoo agrees (a) not to use Overture’s 's Confidential Information, the Overture Results or the Overture Reports for the purpose of selling Overture advertisers placement in any Yahoo search sponsor matches program; (b) not to target Overture advertisers by parsing the Overture XML feed for Overture advertiser contact information or by obtaining such information from another source provided by Overture. Notwithstanding the foregoing, under no circumstances shall this Agreement be deemed to restrict Yahoo in any manner from: (1) marketing any Yahoo product or service (including but not limited to any Yahoo sponsor matches program) to any existing Yahoo advertiser, content provider, or Yahoo registered user; (2) marketing any Yahoo product or service to any potential Yahoo * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION CONFIDENTIAL advertiser through “"one-to-one” " contacts (e.g., telephone calls, letter, e-mails, sales calls); or (3) marketing any Yahoo product or service through any mass media (e.g., television, radio, print, online) that does not specifically target Overture advertisers by name. For clarity, individual Yahoo! salespeople may distinguish Yahoo! sponsor matches programs from Overture’s 's by comparing aspects of the two programs (e.g., [*]).

No Disparaging Comments. Yahoo will not post any disparaging comments attributable to Yahoo about Overture or the Overture Results on Yahoo Search and the accompanying directory property during the Term (e.g., [*]"The Overture Results are bad... purchase Yahoo!'s paid listings by clicking on the Sponsor Matches links to Advertiser Services!"), and Overture will not post any disparaging comments attributable to Overture about Yahoo or Yahoo Search on the Overture Site during the Term. In addition, during the Term, Yahoo agrees (a) not to use Overture’s Confidential Information, the Overture Results or the Overture Reports for the purpose of selling Overture advertisers placement in any Yahoo search sponsor matches program; (b) not to target Overture advertisers by parsing the Overture XML feed for Overture advertiser contact information or by obtaining such information from another source provided by Overture. Notwithstanding the foregoing, under no circumstances shall this Agreement be deemed to restrict Yahoo in any manner from: (1) marketing any Yahoo product or service (including but not limited to any Yahoo sponsor matches program) to any existing Yahoo advertiser, content provider, or Yahoo registered user; (2) marketing any Yahoo product or service to any potential Yahoo * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION CONFIDENTIAL advertiser through “one-to-one” contacts (e.g., telephone calls, letter, e-mails, sales calls); or (3) marketing any Yahoo product or service through any mass media (e.g., television, radio, print, online) that does not specifically target Overture advertisers by name. For clarity, individual Yahoo! salespeople may distinguish Yahoo! sponsor matches programs from Overture’s by comparing aspects of the two programs (e.g., [*]click-through rates, advertiser satisfaction).