Common use of Preferred Placement Clause in Contracts

Preferred Placement. i3 guarantees that the Headlines provided by CNBC.▇▇▇ ▇▇▇eunder shall be the exclusive business and finance content appearing on each Designated Reseller's free tier of wireless data. To the extent technically feasible within i3's wireless platform, the Headlines shall be accorded Preferred Placement (as defined below) in the business and finance categories on all other platforms on which the Headlines are placed; provided, that such Preferred Placement shall not be subject to any exclusivity or Preferred Placement for such type of content which has been contracted for prior to the Effective Date by a third party not affiliated with i3. Preferred Placement shall mean (i) where a link to or display of content appears on a list, such link or content is in the default, top-most and left-most position; or (b) when a link to or display of content appears in a format other than a list, the link or content is more visually prominent, or at a higher rate of exposure, than other content partners.

Appears in 2 contracts

Sources: Distribution Agreement (I3 Mobile Inc), Distribution Agreement (I3 Mobile Inc)

Preferred Placement. i3 Mobile guarantees that the Headlines provided by CNBC.▇▇▇ ▇▇▇eunder MSNBC Interactive hereunder shall be the exclusive business news and finance entertainment content appearing on each Designated Reseller's the free tier of Designated Resellers wireless datadata services. To the extent technically feasible within i3i3 Mobile's wireless platform, the Headlines shall be accorded Preferred Placement (as defined below) in the business news and finance entertainment categories on all other platforms on which the Headlines are placed; provided, that such Preferred Placement shall not be subject to any exclusivity or Preferred Placement for such type of content which has been contracted for prior to the Effective Date by a third party not affiliated with i3i3 Mobile. Preferred Placement shall mean (i) where a link to or display of content a Content appears on a list, such link or content Content is in the default, top-most and left-most position; or (b) when a link to or display of content Content appears in a format other than a list, the link or content Content is more visually prominent, or at a higher rate of exposure, than other content partnersContent Providers.

Appears in 1 contract

Sources: Distribution Agreement (I3 Mobile Inc)