Common use of Affiliate Information Clause in Contracts

Affiliate Information. 6.1 Subject to the terms and conditions of this Agreement and any applicable laws, rules or regulations, GeoCities shall provide Merchant with information relating to Affiliates as GeoCities deems reasonably necessary to accomplish the purposes of this Agreement ("Affiliate Information"). 6.2 Merchant represents and warrants that it will not resell any Affiliate Information or Customer Data or use Affiliate Information or Customer Data or engage in any other conduct in violation of the FTC Order. Merchant shall cooperate fully with GeoCities, and follow and comply with all reasonable instructions and directions of GeoCities, to ensure compliance with the FTC Order. 6.3 Merchant shall provide a readily-visible, accessible and otherwise reasonable mechanism on Merchant Web site for Affiliates to request the removal of all personal identifying information relating to such Affiliate from Merchant's database and other records. 6.4 Merchant shall not solicit, or facilitate any third party to solicit on behalf of Merchant, any Affiliate to join another affiliate program (including, without limitation, Merchant's own affiliate program), to create a mirror Web site for use in another affiliate program and/or to withdraw from the Program. During the term of this Agreement, Merchant may, from time to time, send communications to one or more Affiliates regarding specific product offers of Merchant or otherwise promoting Merchant's products and/or services only; provided that, except with respect to conununications with Customers, (i) the content of such communications is limited to the scope of Merchant's participation status as defined in ▇▇▇▇▇▇▇▇ ▇▇. ▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇▇) such communications do not promote or reference the products or services of any other party except GeoCities or its affiliates and (iii) Merchant provides GeoCities twenty-four (24) hours prior written notice of such communication including the actual text or a detailed description of the proposed message content, the Affiliates to whom the conununication is to be sent, the means by which the communication is to be transmitted and the approximate time and nature of the transmission. Any breach of this Section 6.4 shall be deemed a material breach of the Agreement and GeoCities may elect to terminate this Agreement upon written notice to Merchant in addition to all other available legal and equitable remedies. Merchant acknowledges that it would be impracticable and extremely difficult to determine the exact amount of GeoCities' damages in the event of Merchant's breach of this Section 6.4. Accordingly, Merchant and GeoCities agree that, as compensation to GeoCities for any such damages in addition to GeoCities' other legal and equitable remedies, rather than as a penalty to Merchant, Merchant shall pay GeoCities liquidated damages in the amount of ten dollars for each communication transmitted by Merchant to an Affiliate in violation of this Section 6.4. 6.5 For a period of twelve (12) months following the effective date of any termination or the expiration of this Agreement, Merchant shall not directly or indirectly contact or communicate with any Affiliates other than Customers.