Common use of Technical Performance Clause in Contracts

Technical Performance. i. MP will design the Affiliated MP Site to support the AOL-client embedded versions of the Microsoft Internet Explorer 4.XX and 5.XX browsers (Windows and Macintosh) and the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent MP creates customized pages on the Affiliated MP Site for AOL Members, MP will develop and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇)." iii. MP will periodically review the technical information made available by AOL at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. MP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. MP is responsible for the manipulation of these parameters in web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the Affiliated MP Site ("New Functionality"), MP will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new material, new functionality or features through the Affiliated MP Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service

Appears in 3 contracts

Sources: Interactive Marketing Agreement (Homegrocer Com Inc), Interactive Marketing Agreement (Homegrocer Com Inc), Interactive Marketing Agreement (Homegrocer Com Inc)

Technical Performance. i. MP will design the Affiliated MP Site to support the AOL-client embedded versions most recent two (2) Windows version of the Microsoft Internet Explorer 4.XX browser (currently, versions 3.0 and 5.XX browsers 4.0) as well as any browser that represents more than two percent (Windows 2%) of aggregate Affiliated MP Sites' traffic. In addition, ICQ and MacintoshMP shall work together with the goal of preventing any caching by ICQ's proxy servers (where applicable, including preventing caching of any banner advertisements served by MP). To the extent the Affiliated MP Site do not support older ICQ browsers, MP shall have the option of (A) using MP's ad serving technology and the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: information contained in "▇▇▇▇://▇▇▇▇http://"webm▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇", ▇o restrict an ICQ User's access to incompatible features on the Affiliated MP Site and serve a mutually agreed upon promotional message to such users, or (B) add alternative features which may be chosen by a user depending on the type of operating system and/or browser a user employs." ii. To the extent MP creates customized pages on the Affiliated MP Site for AOL MembersICQ Users or restricts access to advertising by ICQ Users, MP will develop and employ a methodology configure the server from which it serves the site to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL ICQ Member-Agents" listed at: "▇▇▇▇://http://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.fo.▇▇▇.▇▇▇)." iii. MP will periodically review the technical information made available by AOL ICQ at ▇▇▇▇://http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. MP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided (available at the following URL: "http://▇▇▇▇://▇.▇▇▇▇▇▇▇▇.▇▇▇/.▇▇/rfc1▇▇▇.▇▇▇. MP is responsible for the manipulation of these parameters in web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945▇"). v. Prior to releasing material, new functionality or features through the Affiliated MP Site ("New Functionality"), MP will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL ICQ Service client software and (ii) software. With respect to any major implementation of significant new technology, MP will provide AOL ICQ with written notice of the New Functionality new technology so that AOL ICQ can perform tests of the New Functionality new technology to confirm its compatibility with the AOL ICQ Service client software. vi. Should ICQ may notify MP of any "[***] CONFIDENTIAL TREATMENT REQUESTEDproblems with respect to New Functionality or new technology on the Affiliated MP Site, and MP will work in good faith to resolve such problems. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new materialICQ will be entitled to request reasonable changes to the Content (including, new functionality without limitation, the features or features through functionality) within any pages of the Affiliated MP Site linked to from the ICQ Network to the extent such Content will materially and adversely affect any operational aspect of the ICQ Network. If MP is unable to adequately resolve such problems, MP shall have the option of (A) using MP's ad serving technology to restrict an ICQ User's access to such Content and serve a mutually agreed upon promotional message to such users, or (B) add alternative features which may be released without notification chosen by a user depending on the type of operating system a user employs. If MP does not restrict access to AOLsuch Content or add applicable alternative features, AOL will not be responsible for any adverse member experience until ICQ shall have the right to terminate the link to such time that compatibility tests can be performed and Content from the new material, functionality or features qualified for the AOL ServiceICQ Network.

Appears in 2 contracts

Sources: Interactive Marketing Agreement (Varsitybooks Com Inc), Interactive Marketing Agreement (Varsitybooks Com Inc)

Technical Performance. i. MP will design the Affiliated MP Site to support the AOL-client embedded versions most recent two (2) Windows version of the Microsoft Internet Explorer 4.XX browser (currently, versions 3.0 and 5.XX browsers 4.0) as well as any browser that represents more than two percent (Windows 2%) of aggregate Affiliated MP Sites' traffic. In addition, ICQ and MacintoshMP shall work together with the goal of preventing any caching by ICQ's proxy servers (where applicable, including preventing caching of any banner advertisements served by MP). To the extent the Affiliated MP Site do not support older ICQ browsers, MP shall have the option of (A) using MP's ad serving technology and the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: information contained in "▇▇▇▇://▇▇▇▇http://"webm▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇", ▇o restrict an ICQ User's access to incompatible features on the Affiliated MP Site and serve a mutually agreed upon promotional message to such users, or (B) add alternative features which may be chosen by a user depending on the type of operating system and/or browser a user employs." ii. To the extent MP creates customized pages on the Affiliated MP Site for AOL MembersICQ Users or restricts access to advertising by ICQ Users, MP will develop and employ a methodology configure the server from which it serves the site to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL ICQ Member-Agents" listed at: "▇▇▇▇://http://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.fo.▇▇▇.▇▇▇)." iii. MP will periodically review the technical information made available by AOL ICQ at ▇▇▇▇://http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. MP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided (available at the following URL: "http://▇▇▇▇://▇.▇▇▇▇▇▇▇▇.▇▇▇▇./▇▇▇.▇▇▇. MP is responsible for the manipulation of these parameters in web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945/rfc1945.text"). v. Prior to releasing material, new functionality or features through the Affiliated MP Site ("New Functionality"), MP will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL ICQ Service client software and (ii) software. With respect to any major implementation of significant new technology, MP will provide AOL ICQ with written notice of the New Functionality new technology so that AOL ICQ can perform tests of the New Functionality new technology to confirm its compatibility with the AOL ICQ Service client software. vi. Should ICQ may notify MP of any "[***] CONFIDENTIAL TREATMENT REQUESTEDproblems with respect to New Functionality or new technology on the Affiliated MP Site, and MP will work in good faith to resolve such problems. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new materialICQ will be entitled to request reasonable changes to the Content (including, new functionality without limitation, the features or features through functionality) within any pages of the Affiliated MP Site linked to from the ICQ Network to the extent such Content will materially and adversely affect any operational aspect of the ICQ Network. If MP is unable to adequately resolve such problems, MP shall have the option of (A) using MP's ad serving technology to restrict an ICQ User's access to such Content and serve a mutually agreed upon promotional message to such users, or (B) add alternative features which may be released without notification chosen by a user depending on the type of operating system a user employs. If MP does not restrict access to AOLsuch Content or add applicable alternative features, AOL will not be responsible for any adverse member experience until ICQ shall have the right to terminate the link to such time that compatibility tests can be performed and Content from the new material, functionality or features qualified for the AOL ServiceICQ Network.

Appears in 2 contracts

Sources: Interactive Marketing Agreement (Varsitybooks Com Inc), Interactive Marketing Agreement (Varsitybooks Com Inc)

Technical Performance. i. MP ICP will design the Affiliated MP ICP Internet Site to support the AOL-client Client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX and 5.XX browsers (Windows and Macintosh) and ), the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent MP ICP creates customized pages on the Affiliated MP ICP Internet Site for AOL Members, MP will ICP develop and employ a methodology to detect AOL Members (e.g. e.g., examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. .▇▇▇▇.▇▇▇.▇▇▇)" and ------------------------------ referenced under the heading "Browser Detection."" In the event AOL changes any requirements for the ICP Internet Site at such URL, ICP shall have a reasonable period of time in which to incorporate such new requirements into the ICP Internet Site and will not be deemed in breach of this Agreement for any delay to the extent such delay is caused by such changed requirement iii. MP ICP will periodically review the technical information made available by AOL at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇.. ------------------------------ iv. MP ICP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. MP ICP is responsible for the manipulation ------------------------------- of these parameters in web-web based objects so as to allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the Affiliated MP ICP Internet Site ("New Functionality"), MP ICP will use commercially reasonable efforts to either (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new material, new functionality or features through the Affiliated MP ICP Internet Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Appears in 1 contract

Sources: Interactive Services Agreement (Drkoop Com Inc)

Technical Performance. i. MP will design the Affiliated MP Site Sites to support the AOL-client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX and 5.XX browsers (Windows and Macintosh) and Macintosh)and the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent MP creates customized pages on the Affiliated MP Site Sites for AOL Members, MP will develop and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇)." iii. MP will periodically review the technical information made available by AOL at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. MP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. MP is responsible for the manipulation of these parameters in web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the Affiliated MP Site Sites ("New Functionality"), MP will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new material, new functionality or features New Functionality through the Affiliated MP Site Sites be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features New Functionality qualified for the AOL Service

Appears in 1 contract

Sources: Interactive Marketing and Distribution Agreement (Stamps Com Inc)

Technical Performance. i. MP MERCHANT will design the Affiliated MP Merchant Site to support the AOL-client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX and 5.XX browsers (Windows and Macintosh) and ), the Netscape Browser 4.XX 4.XX, and make commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇/"." ii. To the extent MP MERCHANT creates customized pages on the Affiliated MP Merchant Site for AOL Members, MP Merchant will develop and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://http://▇▇▇▇▇▇▇▇▇. .▇▇▇▇.▇▇▇.▇▇▇/")." iii. MP MERCHANT will periodically review the technical information made available by AOL at ▇▇▇▇://http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. MP MERCHANT will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: ▇▇▇▇://http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. MP The Merchant is responsible for the manipulation of these parameters in web-web based objects so as to allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the Affiliated MP Merchant Site ("New Functionality"), MP MERCHANT will use commercially reasonable efforts to to: (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new material, new functionality or features through the Affiliated MP Merchant Site be released without notification to AOL, . AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Appears in 1 contract

Sources: Anchor Tenant Agreement (Bolt Inc)

Technical Performance. i. MP Purchase Pro will design the Affiliated MP Site AOL Exchange and the Purchase Pro Exchange to support the AOL-client embedded versions of the Microsoft Internet Explorer 4.XX and 5.XX browsers (Windows and Macintosh) and Macintosh)and the Netscape Browser 4.XX and 6.XX versions and make commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent MP Purchase Pro creates customized pages on the Affiliated MP Site Purchase Pro Exchange for AOL Members, MP will Purchase Pro shall develop and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇)." iii. MP Purchase Pro will periodically review the technical information made available by AOL at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. . ----------------------------- iv. MP Purchase Pro will design its site AOL Exchange and the Purchase Pro Exchange to support HTTP 1.0 or later protocol 1.1 as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: URL:▇▇▇▇://://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. MP ----------------------------- Purchase Pro is responsible for the manipulation of these parameters in web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945. . v. Prior to releasing material, new functionality or features through the Affiliated MP Site AOL Exchange and/or the Purchase Pro Exchange ("New Functionality"), MP Purchase Pro will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new material, new functionality or features through the Affiliated MP Site AOL Exchange or the Purchase Pro Exchange be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Appears in 1 contract

Sources: Technology Development Agreement (Purchasepro Com Inc)

Technical Performance. i. MP Onvia will design the Affiliated MP Co-Branded Site to support the AOL-client embedded versions of the Microsoft Internet Explorer 3.XX and 4.XX and 5.XX browsers (Windows and Macintosh) (and above) and the Netscape Browser 4.XX (and above) and make commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent MP Onvia creates customized pages on the Affiliated MP Co-Branded Site for AOL Members, MP Onvia will develop and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇)."" CONFIDENTIAL [* * *] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Execution Copy iii. MP Onvia will periodically review the technical information made available by AOL at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. MP Onvia will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. MP Onvia is responsible for the manipulation of these parameters in web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the Affiliated MP Co-Branded Site ("New Functionality"), MP Onvia will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL Service browser/client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software; provided that if Onvia's notice specifies a commercially reasonable amount of time in which to perform such tests and AOL fails to do so within the specified time, then Onvia shall have the right to release the New Functionality provided that it is in compliance with the other requirements hereof. Should any "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new material, new functionality or features through the Affiliated MP Co-Branded Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features is qualified for the AOL Service.

Appears in 1 contract

Sources: Interactive Marketing Agreement (Onvia Com Inc)

Technical Performance. i. MP Advertiser will design the Affiliated MP Advertiser Site to support the AOL-client embedded versions of the Microsoft Internet Explorer 4.XX 4.XX, 5.XX and 5.XX 6.XX browsers (Windows and Macintosh) and the Netscape Browser 4.XX and 6.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent MP Advertiser creates customized pages on the Affiliated MP Advertiser Site for AOL Members, MP Advertiser will develop and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇)." iii. MP Advertiser will periodically review the technical information made available by AOL at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇.. ------------------------------ iv. MP Advertiser will design its site to support HTTP 1.0 1.0, 1.1 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. MP Advertiser is responsible for the ---------------------------------------------------------------- manipulation of these parameters in web-based objects so as to allow them ------------------------------------------------------------------------- to be cached or not cached as outlined in RFC 1945.. -------------------------------------------------- v. Prior to releasing material, material new functionality or features through the Affiliated MP Advertiser Site ("New Functionality"), MP Advertiser will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new material, new functionality or features through the Affiliated MP Advertiser Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Appears in 1 contract

Sources: Settlement Agreement (Ediets Com Inc)

Technical Performance. i. MP MERCHANT will design designate the Affiliated MP MERCHANT Site to support the AOL-client embedded versions version of the Microsoft Internet Explorer 3.XX and 4.XX and 5.XX browsers (Windows and Macintosh) and ), the Netscape Browser 4.XX 4.XX, and make commercially reasonable efforts to support all other AOL browsers listed at: "http://webmaster.info.aol.com/" ii. To the extent MERCHANT cre▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇ ▇▇ ▇▇.▇▇▇." ii. To the extent MP creates customized pages on the Affiliated MP ERCHANT Site for AOL Members, MP MERCHANT will develop and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "http://webmaster.info.aol.com/"). iii. MERCHANT will periodical▇▇ ▇▇▇▇://▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇)." iii. MP will periodically review the technical information made available by AOL at ▇▇▇▇://▇▇▇▇▇▇ation made available by AOL at http://webmaster.info.aol.com. iv. MERCHANT will design its si▇.▇▇▇▇.▇▇▇ ▇▇▇▇ ▇.▇ ▇▇ ▇▇▇. iv. MP will design its site to support HTTP 1.0 or later er protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided at the following URL: ▇▇▇▇://http://webmaster.info.aol.com. The Merchant is responsible for the ▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇ ▇▇▇▇.▇▇▇.▇▇▇. MP is responsible for the manipulation of these parameters in web-web based objects so as to allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the Affiliated MP MERCHANT Site ("New Functionality"), MP MERCHANT will use commercially reasonable efforts to to: (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new material, new functionality or features through the Affiliated MP Merchant Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Appears in 1 contract

Sources: Shopping Channel Promotional Agreement (Nutrisystem Com Inc)

Technical Performance. i. MP Advertiser will design the Affiliated MP Advertiser Site to support the AOL-client embedded versions of the Microsoft Internet Explorer 4.XX 5.0, 5.5 and 5.XX 6.xx browsers (Windows Windows) and MSIE 4.01/MacOS 8.5.1 (Macintosh) ), and the Netscape Browser 4.XX and 6.XX and CompuServe 2000 and make commercially reasonable efforts to support all other AOL browsers listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇." ii. To the extent MP Advertiser creates customized pages on the Affiliated MP Advertiser Site for AOL Members, MP Advertiser will develop and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇)." iii. MP Advertiser will periodically review the technical information made available by AOL at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. MP Advertiser will design its site to support HTTP 1.0 1.0, 1.1 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the CONFIDENTIAL TREATMENT REQUESTED EXHIBIT 10.42 caching of information in AOL's proxy system as outlined in the document provided at the following URL: ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. MP Advertiser is responsible for the manipulation of these parameters in web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, new functionality or features through the Affiliated MP Advertiser Site ("New Functionality"), MP Advertiser will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new material, new functionality or features through the Affiliated MP Advertiser Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Appears in 1 contract

Sources: Promotional Agreement (Genuity Inc)

Technical Performance. i. MP will design the Affiliated MP Site to support the AOL-client embedded versions most recent two (2) Windows version of the Microsoft Internet Explorer 4.XX browser (currently, versions 3.0 and 5.XX browsers 4.0) as well as any browser that represents more than two percent (Windows 2%) of aggregate Affiliated MP Sites' traffic. In addition, ICQ and MacintoshMP shall work together with the goal of preventing any caching by ICQ's proxy servers (where applicable, including preventing caching of any banner advertisements served by MP). To the extent the Affiliated MP Site do not support older ICQ browsers, MP shall have the option of (A) using MP's ad serving technology and the Netscape Browser 4.XX and make commercially reasonable efforts to support all other AOL browsers listed at: information contained in "▇▇▇▇://▇▇▇▇http://"webm▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇", ▇o restrict an ICQ User's access to incompatible features on the Affiliated MP Site and serve a mutually agreed upon promotional message to such users, or (B) add alternative features which may be chosen by a user depending on the type of operating system and/or browser a user employs." ii. To the extent MP creates customized pages on the Affiliated MP Site for AOL MembersICQ Users or restricts access to advertising by ICQ Users, MP will develop and employ a methodology configure the server from which it serves the site to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL ICQ Member-Agents" listed at: "▇▇▇▇://http://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.fo.▇▇▇.▇▇▇)." iii. MP will periodically review the technical information made available by AOL ICQ at ▇▇▇▇://http://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. MP will design its site to support HTTP 1.0 or later protocol as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system as outlined in the document provided (available at the following URL: "http://▇▇▇▇://▇.▇▇▇▇▇▇▇▇.▇▇▇/.▇▇/rfc1▇▇▇.▇▇▇. MP is responsible for the manipulation of these parameters in web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945▇"). v. Prior to releasing material, new functionality or features through the Affiliated MP Site ("New Functionality"), MP will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL ICQ Service client software and (ii) software. With respect to any major implementation of significant new technology, MP will provide AOL ICQ with written notice of the New Functionality new technology so that AOL ICQ can perform tests of the New Functionality new technology to confirm its compatibility with the AOL ICQ Service client software. vi. Should ICQ may notify MP of any "[***] CONFIDENTIAL TREATMENT REQUESTEDproblems with respect to New Functionality or new technology on the Affiliated MP Site, and MP will work in good faith to resolve such problems. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new materialICQ will be entitled to request reasonable changes to the Content (including, new functionality without limitation, the features or features through functionality) within any pages of the Affiliated MP Site linked to from the ICQ Network to the extent such Content will materially and adversely affect any operational aspect of the ICQ Network. If MP is unable to adequately resolve such problems, MP shall have the option of (A) using MP's ad serving technology to restrict an ICQ User's access to such Content and serve a mutually agreed upon promotional message to such users, or (B) add alternative features which may be released without notification chosen by a user depending on the type of operating system a user employs. If MP does not restrict access to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality Content or features qualified for the AOL Serviceadd applicable

Appears in 1 contract

Sources: Interactive Marketing Agreement (Varsitybooks Com Inc)

Technical Performance. i. MP HS will design the Affiliated MP Customized Site to support the AOL-client embedded versions of the Microsoft Internet Explorer 4.XX 5.XX, 6.XX and 5.XX browsers higher (Windows and Macintosh) and Macintosh)and the Netscape Browser 4.XX 6.XX and 7.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "“h▇▇▇▇://://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇."” [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. ii. To the extent MP HS creates customized pages on the Affiliated MP Customized Site for AOL Members, MP will HS shall develop and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "▇▇▇▇://▇▇▇▇▇▇▇▇▇. ▇▇▇▇.▇▇▇.▇▇▇)."MembersError! Hyperlink reference not valid.. iii. MP HS will periodically review the technical information made available by AOL at h▇▇▇▇://://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. iv. MP HS will design its site to support HTTP 1.0 1.0, 1.1 or later protocol as defined in RFC 1945 and to adhere to AOL's ’s parameters for refreshing or preventing the caching of information in AOL's ’s proxy system as outlined in the document provided at the following URL: h▇▇▇▇://://▇▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇.▇▇▇. MP HS is responsible for the manipulation of these parameters in web-based objects so as to allow them to be cached or not cached as outlined in RFC 1945. v. Prior to releasing material, major or material new functionality or features through the Affiliated MP Customized Site ("New Functionality"), MP HS will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" new material, new functionality or features through the Affiliated MP Customized Site be released without notification to AOL, AOL will not be responsible for any adverse member user experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.

Appears in 1 contract

Sources: Distribution Agreement (Homestore Inc)