Client Application Guidelines. (i) Google agrees that the Existing AOL Client Applications and Existing [****] AOL Client Applications, as implemented and distributed by AOL as of [****], [****] with the Client Application Guidelines and [****] the Client Application Guidelines as of the Thirtieth Amendment Effective Date or with changes made to the Client Application Guidelines by Google after the Thirtieth Amendment Effective Date except to the extent provided in (b)(ii) below. (ii) If AOL [****] to an Existing AOL Client Application or an Existing [****] AOL Client Application, its implementation or its distribution during the Renewal Term, then (A) it will provide written notice (including by email) to Google and (B) those changes must comply with the then-current Client Application Guidelines. For clarity, only [****] to the Existing AOL Client Application or the Existing [****] AOL Client Application [****] the Client Application Guidelines, not the [****] Existing AOL Client Application or Existing [****] AOL Client Application, implementation or distribution. [****]: • [****]: AOL distributes an approved toolbar [****], and bundled only with [****], and enters into an agreement to distribute the same toolbar [****], and bundled only with [****]. • [****]: Changing an existing opt-in to an opt-out. • [****] (with respect to the [****] itself): AOL distributes an approved toolbar [****], and enters into an agreement to distribute the same toolbar [****], but in which the application(s) distributed with the bundle are different. • [****]: AOL distributes a [****], and enters into an agreement to distribute the same toolbar with an entity known to be a distributor of [****]. • [****]: AOL updates from version 7.2 of the AIM client application to version 7.3 of the AIM client application, changing the AIM branding treatment (e.g., a new AIM logo), moving the location of several buttons, and changing the color schemes and skins available to end users. • [****]: AOL updates from version 7.2 of the AIM client application to version 7.3 of the AIM client application, [****] within the installation path that describes the [****] the AIM® Buddy List® feature [****] services. • [****]: AOL updates from version 7.2 of the AIM client application to version 8.0 of the AIM client application, adding entirely new functionality [****]. (iii) AOL will ensure that any New AOL Client Application(s), any New [****] AOL Client Application(s) and any ADI Client Application(s) that access the Google Sponsored Advertising Service comply with the Client Application Guidelines. Google’s [****] for AOL’s violation of the foregoing sentence is that Google [****] Client Applications, however, this sentence does not excuse the underlying action that caused the violation if that underlying action is an independent violation, or triggers some other right or provision, under a different section of this Agreement. (iv) Google will not [****] the Client Application Guidelines [****], nor in order to [****]. For clarity, [****] if AOL [****] the Client Application Guidelines [****] would not violate the prior sentence.
Appears in 2 contracts
Sources: Interactive Marketing Agreement (AOL Inc.), Interactive Marketing Agreement (AOL Inc.)