Common use of Symantec Affiliate Program Description Clause in Contracts

Symantec Affiliate Program Description. Digital River will maintain at each Affiliate Network Partner a program description, as approved in writing by Symantec, which introduces potential affiliates to: Symantec, Symantec’s products, and the benefits of joining the Symantec Affiliate Program (and therefore marketing Symantec’s products). Symantec shall have final approval and complete control over the Screening Criteria, the banner and text link messaging, the location where the customer lands on the Storefront, as well as the ability to reject, at any time, applications to the Symantec Affiliate Program, or Affiliates from the Symantec Affiliate Program. Subject to any limits in the applicable Symantec-ANP agreement, Symantec will also be able to approve a previously rejected potential affiliate should it so desire. Digital River will: (i) provide day-to-day operational management of the Symantec Program, which includes the monitoring Affiliate Network Partners and Affiliate Partners for compliance and enforcement with the terms of the Symantec Program; (ii) deliver performance metrics; (iii) track the sales from the traffic sent to the Storefront and report the same on a weekly basis to Symantec; and (iv) make all authorized payments to the Affiliate Network Partners. The Symantec Program will be run and managed by a single marketing manager, who has Symantec’s Program, and related Symantec MarketForce Programs, as his/her sole responsibility (the “Symantec Marketing Manager”). Digital River will also have at least one web designer, in addition to the Symantec Marketing Manager, who will be exclusively dedicated to the Symantec Program (the Symantec Marketing Manager and the web designer are collectively the “Dedicated Personnel”). The Dedicated Personnel will not be members of the Dedicated Team. The Dedicated Team will not divert its attention from any other Symantec project(s) to handle the Symantec Program Services. Notwithstanding the foregoing, if the volume of work generated by the Symantec Program Services is insufficient to reasonably occupy the web designer member of the Dedicated Personnel on a full time basis, then DR may, upon written notice to the Consumer Online Sales Manager, use this web designer on other Symantec MarketForce Programs until such time as the volume of work generated by the Symantec Program Services is again sufficient to reasonably occupy the web designer on a full time basis.