Common use of Screening Process Clause in Contracts

Screening Process. i. Symantec shall directly contract with its own Affiliate Network Partners. Digital River shall not be involved or participate in those discussions or matters and shall not interfere with the same. ii. Digital River will use the Screening Criteria to perform an initial screen of each potential affiliate, subject to update by Symantec from time to time at its sole discretion. All potential affiliate recruitment processes must be preapproved in writing by Symantec. Symantec will be involved in the screening and acceptance process for all potential affiliates. Symantec will provide Digital River with the screening criteria and guidelines (the “Screening Criteria”) to incorporate in an affiliate agreement that Digital River may share with the Affiliate Network Partners. Digital River will use the Screening Criteria to select Affiliates; provided that, notwithstanding anything to the contrary: (a) Symantec will have final control over the ongoing participation of each Affiliate in the Symantec Affiliate Program; and (b) Except as otherwise limited herein or as limited elsewhere in this Agreement, Symantec may, at any time, choose to engage a certain Affiliate in a direct contractual relationship, which would remove such an Affiliate from the Symantec Affiliate Program. Subject to any contractual limitations with the given Affiliate or ANP, Symantec shall have the right to refuse or to terminate any Affiliate relationship, or to take any action to restrict access to, or of availability of objectionable material, inaccurate listings, unlawful items or any items prohibited in the guidelines of the Affiliate agreement. Symantec may update and change the Screening Criteria and guidelines, as well as the terms for Affiliate agreements, without prior notice at any time.

Appears in 2 contracts

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