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EXHIBIT 10.5
ADDENDUM NO.1 TO
NETCENTER SERVICES AGREEMENT
NO: 004327-1
This Addendum No. 1 (the "Addendum") is entered into by and between NETSCAPE
COMMUNICATIONS CORPORATION, a Delaware corporation, with principal offices at
▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ("Netscape"), and
EXCITE, INC., a California corporation, with principal offices at ▇▇▇ ▇▇▇▇▇▇▇▇,
▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ ("Excite") and effective as of the date of execution by
Netscape ("ADDENDUM EFFECTIVE DATE").
WHEREAS, the parties have entered into a Netcenter Services Agreement effective
April 29, 1998 (the "Agreement"); and
WHEREAS, the parties wish to supplement the provisions of such Agreement with
the Netscape U.S. English Language Net Search Premier Provider Program
guidelines;
NOW, THEREFORE, the parties, in consideration of the terms and conditions
herein, agree as follows:
OBJECTIVE: To direct users of a Netscape client software Internet browser
product ("BROWSER") to U.S. English-language Internet search and directory
services.
1. PREMIER PROVIDER. Excite will be a premier provider of search and directory
service for the U.S. English-language HTML page ("PREMIER PROVIDER") accessible
by the public via the Internet at the Universal Resource Locator ("URL")
▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇/▇▇▇▇▇▇▇▇-▇▇▇▇▇▇ or such other URL as Netscape may
designate from time to time in writing ("PAGE"). The Page is part of the
collection of U.S. English-language HTML documents accessible by the public via
the Internet at the URL ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ and/or at such other URL(s) as
Netscape may designate ("NETSCAPE'S WEB SITE"). The Page may also be accessed by
Internet users of the Netscape-distributed English-language version of the
Browser by pressing or "clicking" on the Net Search button, or such other
methods as Netscape may specify from time to time. Notwithstanding the
foregoing, Netscape reserves the right to determine other means whereby users
may access the Page, which provides Internet search and directory services on
Netscape's Web Site, including, but not limited to, the use of mirror sites and
pointers based on a user's IP address, and which mirror sites and pointers are
separate and distinct from the Page described in this Agreement.*
2. PREMIER PERIOD. Netscape will maintain the Premier Graphic, as defined
below, on the Page for the following two-year period ("PREMIER PERIOD"):
From: June 1, 1998
Until: May 31, 2000
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* Confidential Treatment has been requested with respect to certain portions of
this exhibit. Confidential portions have been omitted from the public filing and
filed separately with the Securities and Exchange Commission.
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3. SERVICES PROVIDED BY NETSCAPE.
3.1. Premier Graphic. Each of the participants, including Premier Provider,
in this Net Search Program (the "PREMIER PROVIDER(S)") will supply Netscape with
HTML and/or GIF files, or files of such other format as may be designated from
time to time in writing by Netscape, which conform to the specifications in
Exhibit 1 (such files comprise, for Premier Provider, the "PREMIER GRAPHIC" and
for the Premier Providers, the "PREMIER GRAPHICS"), which Netscape will place on
the Page during the Premier Period. Premier Provider shall retain all right,
title and interest in and to the Premier Graphic (including the copyright
ownership thereof), and Premier Provider hereby grants Netscape a royalty-free
worldwide license, without payment or other charge therefor, to use, display,
perform, reproduce and distribute the Premier Graphic, and such other licenses
with respect to the Premier Graphic necessary to fulfill the intention of this
Agreement. The Premier Graphic shall contain a functional search field and, if
available, directory tree. The specifications of the Premier Graphic and the
placement on the Page of the Premier Graphics are set forth on Exhibit 1 hereto.
Premier Provider's compliance with the content as well as the language,
technical, visual and functional specifications set forth in Exhibit 1 are a
material obligation of Premier Provider under this Agreement. Netscape may, upon
notice to Premier Provider, revise Exhibit 1, provided that the display of the
Premier Graphics shall remain the largest and most prominent category of search
graphics on the Page, shall remain equivalent in size for each of the Premier
Providers, shall not differ substantially, including, without limitation, any
reduction in the size of the Premier Graphic, from the current specifications
for the Premier Graphics set forth in Exhibit 1 hereto and, pursuant to Section
11.7 of the Agreement, shall not change the form or function of the Page in a
manner that materially adversely affects the performance of the program as
compared to its performance at the time the Agreement was executed.
3.2. Stack. Netscape will produce the Page as set forth on Exhibit 1. The
Premier Graphics on any Page will appear to be overlapped in a stack (the
"STACK"). A Premier Graphic will be accessible by the end user by pressing or
"clicking" on a tab for the relevant Premier Provider's service. Netscape will
produce the Page such that when an end user presses or "clicks" on hypertext
links ("PREMIER LINKS") placed by Premier Provider on the Premier Graphic, the
end user's Browser will access Premier Provider's applicable HTML pages located
at the applicable URL's ("PREMIER URL'S") for such pages on the collection of
English- language HTML documents Premier Provider maintains as its primary web
site whose home page is located at the URL ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇ or such other
web site of any of Premier Provider's flagship search and directory services and
any online services or channels associated with the featured flagship search and
directory service, pursuant to Section 4.1 of the Agreement ("PREMIER PROVIDER'S
WEB SITE").
3.3. Rotation. Netscape will rotate the display of the Premier Graphics to
be displayed on the top of the Stack when each Page is served to an end user who
has not selected a Premier Graphic as a default, as described in Section 3.4 of
this Addendum. Subject to the provisions of Section 4.1 of the Agreement and
Section 3.4 of this Addendum, the Premier Graphic will appear on the top of the
Stack of each Page * ( * %) ("ROTATION PERCENTAGE") of the time in which the
Page is served up to end users who have not selected a particular Premier
Graphic or selected a default Premier Graphic when accessing the particular
Page. Premier Provider acknowledges that the Rotation Percentage is an
annualized target, and that, accordingly, at any given time the display of the
Premier Graphic may be adjusted by Netscape to occur above or below the Rotation
Percentage, subject at all times to the impression guarantee and Premier Graphic
rotation adjustment mechanism described in Section 11.2 of the Agreement and,
pursuant to Section 11.7 of the Agreement, Netscape's obligation to not change
the form or function of the Page in a manner that materially adversely affects
the performance of the program as compared to its performance at the time the
Agreement was executed.
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* Confidential Treatment has been requested with respect to certain portions of
this exhibit. Confidential portions have been omitted from the public filing and
filed separately with the Securities and Exchange Commission.
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3.4. End User Default. Netscape shall produce each Page such that the end
user may select which Premier Graphic, including, without limitation, the
Premier Graphic, the end user would prefer to have displayed on the top of the
Stack upon the calling up of each Page by such end user. If an end user selects
a favorite, default Premier Graphic, the Premier Graphic selected by the end
user will be displayed on top of the Stack when that end user accesses such
Page. If an end user has elected to have a particular Premier Graphic appear on
top of the Stack on a default basis, the other Premier Graphics, including,
without limitation, the Premier Graphic, to the extent the Premier Graphic is
not selected as such default, will not appear on the top of the Stack unless
selected by the end user.
3.5. Page Specifications. The specifications of each of the Premier
Graphics, including, without limitation, the Premier Graphic, the Stacks, and
their placement on the Page are set forth on Exhibit 1 hereto; provided however,
that Netscape may, subject to Section 11.7 of the Agreement and upon notice to
Premier Provider, (i) change the location of the Stacks or the Premier Graphics
on the Page, (ii) redesign or reconfigure the Stacks, the Page, Netscape's Web
Site, and/or the manner in which an end user interacts with any of the pages of
Netscape's Web Site, or (iii) revise Exhibit 1, and Premier Provider shall
promptly, and in any event, within no more than thirty (30) days following
receipt of the notice, supply Netscape with a revised Premier Provider Premier
Graphic which conforms to the specifications of the revised Exhibit 1. Netscape
reserves the right to use, in its sole discretion, those portions of the Page
not used by the Stack. In the event that Netscape revises Exhibit 1 and Premier
Provider must supply conforming materials, such conforming materials shall be
received by Netscape and fully functional no later than five (5) days (excluding
holidays) prior to the date Netscape specifies for the posting of the revised
Premier Provider Premier Graphic or Stack on Netscape's Web Site. If Netscape
has not received such revised and conforming materials no later than five (5)
days prior to the date Netscape specifies for the posting of the revised Premier
Provider Premier Graphic or Stack on Netscape's Web Site, or if the materials
supplied by Premier Provider do not function in accordance with the
specifications set by Netscape, then Netscape shall either (i) post previous
versions of Premier Provider's supplied materials, or (ii) make such changes as
necessary to bring the materials into conformity with the new specifications,
until such time as the specifications of Exhibit 1 are again revised.
3.6. Update of Premier Graphic. Premier Provider may elect to revise or
update its Premier Graphic, provided that such Premier Graphic complies with the
specifications of Exhibit 1. Netscape shall provide Premier Provider with a
"Program Schedule" of material due dates and planned updates attached hereto as
Exhibit 2.
4. ADDITIONAL PREMIER PROVIDER BENEFITS.
4.1. Limit on Premier Providers. Netscape shall limit the number of
companies whose tabs appear on the Stack at any one time to a total of seven (7)
entities. Netscape shall allocate the rotation of Premier Graphics in
conformance with Sections 4.1 and 4.2 of the Agreement.
5. DEFINITION OF IMPRESSION AND CLICK
5.1. (a) Impression Defined. An impression for the purposes of the
Agreement and the Addendum ("Impression") occurs upon the serving up to an end
user of: (i) the HTML pages displaying the Premier Graphic on the top of a Stack
as described in Section 5.1 (b) below; (ii) any of Premier Provider's Web Site
in conjunction with a search query executed by an end user through entering the
search terms in the URL window of a Browser; (iii) a link through a Disabling
Device only if and to the extent permitted under Section 6.2; or (iv) any other
Premier Provider content as a consequence of an end user accessing a promotional
page on Netscape's Web Site if the parties agree that such promotional page
traffic shall constitute an Impression.
(b) Premier Provider's Premier Graphics may be served on the top of
the Stack to an end user by the following means: (i) the Premier Graphics is
displayed as part of a random rotation, as described in Section 3.3 of this
Addendum; (ii) the Premier Graphic has been set as an end user's default
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selection, as described in Section 3.4 of this Addendum; or (iii) an end user
selects or clicks on the Premier Graphic tab in the Stack.
5.2 Click Defined. A click ("Click") for the purposes of the Agreement and
the Addendum means an action typically resulting from a user positioning his
mouse cursor on the clickable hyperlink on the Netcenter Front Page linking the
Netcenter Widget to Premier Provider's search engine and selecting or clicking
on that hyperlink. Clicks are counted as a redirection of a user's click through
the Netscape server access logs to any page on the Premier Provider's Web Site.
6. PREMIER PROVIDER OBLIGATIONS. In addition to the other obligations set
forth herein, Premier Provider agrees to the following provisions.
6.1. Mailto Link. Premier Provider shall include on the page served to an
end user in conjunction with the results of the end user's search query on
Premier Provider's service a "mailto" link which users of Premier Provider's
service can use to direct questions or help requests to Premier Provider.
Netscape shall also include such a "mailto" link on the page. Premier Provider
will use reasonable efforts to reply promptly, but in any event within one (1)
week, to any such question or help request.
6.2. No Disabling. Premier Provider shall not provide or implement any
means or functionality that would (i) alter, modify or enable end users to alter
or modify, the Browser standard user interface or configuration, (ii) disable
any functionality of the Browser or any other Internet browser software, or
(iii) modify the functioning of pages served from Netscape's Web Site
("Disabling Devices"). If Premier Provider changes its policy regarding no
Disabling Devices, Premier Provider shall provide Netscape with prompt written
notice thereof and shall establish and maintain controls and procedures
sufficient to timely and accurately determine the number of Impressions
resulting from Disabling Devices and report to Netscape the number of refers to
the Premier Provider Web Site resulting from Disabling Devices. In the event
that the number of Impressions resulting from Disabling Devices in any one (1)
month period exceeds one percent (1%) of the aggregate number of times that the
Page is served up to end users during such month, Netscape shall be relieved of
its obligations under Section 11.8 of the Agreement.
6.3. Use of Premier Graphic Space. Premier Provider shall: (i) not use, or
assign the right to use, the space allotted the Premier Graphic, or links
therein, for the benefit of a third party without first obtaining Netscape's
prior written consent therefor; and (ii) not produce the Premier Graphic such
that it includes comparisons of Premier Provider's services with other services.
Premier Provider shall maintain the Premier Graphic for the purpose of promoting
Premier Provider's Internet search and directory services and any associated
online services or channels pursuant to Section 4.1 of the Agreement. Netscape
will require all Premier Providers to comply with the same restrictions on the
use of their respective Premier Graphics.
6.4. Preference for Netscape Products and Services. Premier Provider shall
accord, in light of the intent of the parties to highlight their strategic
relationship as evidenced by the terms and conditions of this Agreement, in
Premier Provider's Web Site Netscape's products and services the prominence
described in Section 8 of the Agreement.
7. PAYMENT TO NETSCAPE.
7.1. Payment Terms. Except as otherwise set forth herein or in the
Agreement, all amounts payable by Premier Provider hereunder are payable within
thirty (30) days after receipt by Premier Provider of the corresponding invoice
submitted by Netscape.
8. USAGE REPORTS.
8.1. Provide Usage Reports. Netscape and Premier Provider will each provide
the other, via email to the email address set forth below, with usage reports
("USAGE REPORTS") containing the information and in the format set forth in
Exhibit 3 hereto. The Usage Reports shall cover each one-month time period of
the Premier Period, and the parties shall use reasonable commercial efforts to
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deliver the Usage Reports within fifteen (15) days following the end of each
month. If, due to technical problems, a party is unable to provide any portion
of a Usage Report in any given month, the following data shall be used for each
day for which data is missing: ninety percent (90%) of the usage figures
reported for the same day of the week most recently reported (e.g. if data for
the day seven (7) days prior is available, ninety percent (90%) of the usage
figures for such day; if not available, the data for the day fourteen (14) days
prior, and so on).
8.2. No Liability. NETSCAPE AND PREMIER PROVIDER WILL USE REASONABLE
COMMERCIAL EFFORTS TO ENSURE THE TIMELY DELIVERY, ACCURACY AND COMPLETENESS OF
THE USAGE REPORTS, BUT NEITHER PARTY WARRANTS THAT THE USAGE REPORTS WILL
CONFORM TO ANY PUBLISHED NUMBERS AT ANY GIVEN TIME. NEITHER PARTY SHALL BE HELD
LIABLE FOR ANY CLAIMS AS THEY RELATE TO SUCH USAGE REPORTS.
9. TERMINATION.
9.1 Effect of Termination. Except as specifically provided otherwise in
this Agreement, upon the expiration or termination of the Agreement, all rights
and obligations hereunder shall cease (other than Premier Provider's payment
obligations hereunder to the extent accrued on or prior to the termination date
or as otherwise provided in this Section 9.1) and each party will promptly and
at the direction of the other party, either return or destroy, and will not take
or use, any items of any nature that belong to the other party and all items
containing or related to Confidential Information (as defined in Exhibit C of
the Agreement) of the other party. The following provisions shall survive the
expiration or termination of this Agreement for any reason: Section 8.2 of this
Addendum (No Liability), Section 9.1 of this Addendum (Effect of Termination),
and Section 9.2 of this Addendum (No Compensation). In addition, to the extent
that any credit provided by Premier Provider to Netscape pursuant to Section 4
of Exhibit B of the Agreement shall not be applied against advertising services
provided by Premier Provider to Netscape during the Premier Period, such section
shall survive the expiration or termination of this Agreement until all such
credits shall be applied against such services.
9.2. No Compensation. Premier Provider shall not be entitled to any
compensation, damages or payments in respect to goodwill that has been
established or for any damages on account of prospective profits or anticipated
sales, and Premier Provider shall not be entitled to reimbursement in any amount
for any training, advertising, market development, investments, leases or other
costs that shall have been expended by either party before the expiration or
termination of this Agreement, regardless of the reason for or method of
termination of this Agreement. Premier Provider hereby waives its rights under
applicable laws for any such compensation, reimbursement or damages.
10. Right to Refuse. Netscape will have the right to review the contents and
format of the Premier Graphic. If Netscape, in its sole discretion, at any time
determines that Premier Provider's Premier Graphic contains any material, or
presents any material in a manner that Netscape deems inappropriate for any
reason, Netscape will inform Premier Provider of the reason Netscape has made
such determination and may (i) refuse to include the Premier Graphic in the
Page, and/or (ii) immediately terminate this Agreement if Premier Provider has
not revised to Netscape's reasonable satisfaction the Premier Graphic within one
(1) business day of written notice from Netscape. If Netscape, in its sole
discretion, at any time determines that the Premier Provider's Web Sites
contains any material, or presents any material in a manner, that Netscape deems
inappropriate for any reason, Netscape may immediately terminate this Agreement
upon notice to Premier Provider. Netscape reserves the right to refuse to
include the Premier Graphic in the Page if such Premier Graphic does not
completely conform to the specifications set forth in Exhibit 1.
11. Capitalized terms defined in the Agreement shall have the same meaning in
this Addendum as in the Agreement.
12. Except as explicitly modified, all terms, conditions and provisions of the
Agreement shall continue in full force and effect. For the purposes of Sections
15, 16, 17, 18.2 and 18.3 of the Agreement, the term "Service" shall include (i)
Premier Graphic, the Premier URLs, or the Premier Links, (ii) any material to
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which users can link through any of the foregoing, or (iii) any use of Premier
Provider's search and directory service pursuant to this Agreement.
13. In the event of any inconsistency or conflict between the Agreement and
this Addendum, the terms, conditions and provisions of this Addendum shall
govern and control.
14. This Addendum and the Agreement constitute the entire and exclusive
agreement between the parties with respect to this subject matter. All previous
discussions and agreements with respect to this subject matter are superseded by
the Agreement and this Addendum.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed
by their duly authorized representatives, effective as of the Addendum Effective
Date.
NETSCAPE COMMUNICATIONS EXCITE, INC.
CORPORATION
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇ ▇▇▇▇
---------------------------------------------------- ----------------------------------------------------
Signature Signature
Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇
------------------------------------------------- --------------------------------------------------
Print or Type Print or Type
Title: Senior Vice President, Finance and Corporate Title: President and Chief Executive Officer
Controller
------------------------------------------------- --------------------------------------------------
Date: 5/26/98 Date: 5/20/98
------------------------------------------------- --------------------------------------------------
Attached Exhibits:
Exhibit 1: Specifications of the Page
Exhibit 2: Program Schedule
Exhibit 3: Usage Reports
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EXHIBIT 1
SPECIFICATIONS OF THE PAGE
As of June 1, 1998, the Launch Date, Net Search will support Netscape Navigator
versions 2, 3 and 4 (on both the Macintosh and PC ("Wintel") platforms), and
Microsoft Internet Explorer 3.0 (PC only). (See Net Search Premier Graphics Test
Specification, External for complete list). All other browsers will be routed to
a simple version of the Page which encourages users to download a more current
version of Netscape's browser. Netscape will spend up to one hour of engineering
time per sampler per month to integrate a Premier Graphic into the Net Search
Page if available. If more engineering or QA time than is available becomes
necessary to fix bugs discovered, or if the necessary changes to fix any bugs
include changes to the appearance of the Premier Graphic, the Premier Graphic
will be returned for revision. The specifications are as follows:
[ Size. All Premier Provider materials should be exactly 468 by 165 pixels.
Text and interactive forms included in the Premier Graphic should be of a
default font size of 12 points. (Be aware, however, that text and forms may
resize on your audience's browsers as they change their default font
sizes.) Keep in mind that the [FONT SIZE=] tag is not implemented in early
versions of web browsers.
A Premier Graphic is measured by taking a screen shot on a system configured
as follows: A PC running Windows 95, with the settings configured for small
fonts, and an NEC MultiSync XV17+ (17 inch) monitor. The screen shot will
be taken of Netscape Navigator Gold version 3.1, with the Proportional Font
set at 12pt Times New Roman, and the Fixed Font set at 10pt Courier New.
The measurement will be taken in Paintbrush. Netscape will provide
"measurement services", if needed, for companies that don't have the
specified platform configuration.
HTML Quirks. We have found a few less-than-obvious quirks which cause some
browsers to crash, which we thought would be helpful to pass on:
1. [FORM] tags must follow IMMEDIATELY AFTER your sampler's first
[TABLE] tag. Any variation of this whatsoever will cause a
significant number of users to crash.
2. Any empty [TD] tags should be separated by a carriage return. HTML
should read as follows: [TD]
[/TD]
as opposed to
[TD][/TD]
3. If text appears without any spacing between words (for instance, in a
sentence as opposed to in a table), any text that falls closer than 50
pixels to the edge of the Premier Graphic should be tested on a Unix
machine. Often, this text will be cut off on that platform.
4. Interleaving HTML tags will cause several browsers to crash. Tags
should be ordered as follows: [H3][FONT COLOR="#000055"]Text
here[/FONT][/H3] as opposed to [H3][FONT COLOR="#000055"]Text
here[/H3][/FONT].
[ Tables. In order to maintain the robustness of the Page, please do not
include any more than one nested table, for a total of two tables per
sampler. Any more than one nested table will cause crashes for a
significant number of users. One simple table is ideal, as even one
nested table may cause some implementation problems when integrated
with the Net Search Page. If you are nesting a table, please test
carefully.
[ Image maps. Only a client-side image map is necessary, since browsers
which don't support client-side maps will not be directed to the main
Net Search Page.
[ File sizes. To keep the user's load time low, we request that Premier
Provider files in total do not exceed 20K unless cleared by the U.S.
Search production manager at ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇.
[ Animated GIFs. Due to the large number of users whose browsers do not
support animated GIFs, and their typically large file size, we are not
implementing animated GIFs at this time.
[ JavaScript. JavaScript tends to cause older browsers to behave
unpredictably and in many cases crash, and there is delicate
technology in place to implement Site Sampler functionality. As a
result, the implementation of Java Script in a Premier Graphic is not
an option at this time.
[ Delivery. Content providers should email files to Netscape at
▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇. If you are providing multiple files, you
should place them in a folder labeled with the content provider's
name. For the best possible results, deliver a Premier Graphic that is
already integrated into a copy of the Net Search Page.
[ Filenames. It is important that filenames be in the following format:
search_providername.fmt (for example, search_premprov.gif,
search_premprov.htm). If there are two or more files of a certain
format, filenames should be in the following format:
search_providername#.fmt (for example, search_premprov.gif,
search_premprov.gif). When you update your Premier Graphic, continue
to increment the number to help avoid caching issues.
[ Format. All content providers need to provide HTML files that include
the layout for their materials. All HTML should be uppercase. Please
include the TARGET="_top" attribute in all HREF tags. Height and width
tags need to be specified for all images. Graphics files should be in
GIF format; all other formats should be cleared with the Destinations
production manager at ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇.
[ Graphics. By limiting the number of individual graphics (server calls)
in your Premier Graphic, you will improve overall Page performance and
allow the Page to load more quickly. Cropping as close as possible to
the image, leaving no white space around them, will also allow the
Page to load more quickly. To minimize dithering and insure that the
users across all platforms see what you expect them to see, we
recommend use of the Netscape Color Palette.
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EXHIBIT 2
PROGRAM SCHEDULE
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Final materials due NetSearch goes live
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June 4, 1998 June 11, 1998
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June 11, 1998 June 18, 1998
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June 18, 1998 June 25, 1998
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June 24, 1998 (note: Wednesday) July 1, 1998 (note: Wednesday)
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July 2, 1998 July 9, 1998
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July 9, 1998 July 16, 1998
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July 16, 1998 July 23, 1998
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July 23, 1998 July 30, 1998
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July 30, 1998 August 6, 1998
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August 6, 1998 August 13, 1998
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August 13, 1998 August 20, 1998
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August 20, 1998 August 27, 1998
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August 27, 1998 September 3, 1998
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September 3, 1998 September 10, 1998
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September 10, 1998 September 17, 1998
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September 17, 1998 September 24, 1998
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September 24, 1998 October 1, 1998
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October 1, 1998 October 8, 1998
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October 8, 1998 October 15, 1998
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October 15, 1998 October 22, 1998
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October 22, 1998 October 29, 1998
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October 29, 1998 November 5, 1998
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November 5, 1998 November 12, 1998
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November 12, 1998 November 19, 1998
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November 25, 1998 (note: Wednesday) December 3, 1998
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December 3, 1998 December 10, 1998
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December 10, 1998 December 17, 1998
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December 17, 1998 December 29, 1998 (note: Tuesday)
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December 29, 1998 (note: Tuesday) January 7, 1999
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EXHIBIT 3
USAGE REPORTS
Sample report provided by Premier Provider to Netscape each month.
For the week of: 6/1/97 - 6/7/97
Netscape Browsers All Browsers
NSCP 4.x - 5% NSCP Total - 75%
3.x - 40% MSIE Total - 18%
2.x - 5% AOL Total - 6%
1.x - 2% Other - 1%
Total, basic - 52%
MSIE Browsers
NSCP Gold 3.x - 25% MSIE 4.x - 5%
Total, Gold - 25% 3.x - 65%
2.x - 25%
NSCP 4.x - 2% 1.x - 5%
3.x - 18% Total MSIE - 100%
2.x - 3%
1.x - 0%
Total, 23%
Total All - 100%
Premier Provider shall also provide Netscape with I/Pro audits, the top 100
search terms and the number of searches on each term.
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Sample report provided by Netscape to Premier Provider each month.
For the month of June 1997
(1) (2) (3) (4) (5)
Rotated Default Total First User Total
Exposures Exposures Exposures Selected Exposures
(1+2) Exposures (3+4)
June 1 1M 200K 1.2M 400K 1.6M
June 2 1.1M 210K 1.31M 500K 1.81M
June 3 1.2M 220K 1.42M 600K 2.02M
. . .
. . .
June 31 1.8M 280K 2.08M 800K 3.08M
Total
A running total of the Exposures will also be included.