Common use of Content Removal Clause in Contracts

Content Removal. (a) FairMarket agrees to make available at no cost to Microsoft, and except as otherwise provided in this Agreement, Microsoft agrees to display listings and other Merchandising Listings from the FairMarket Network in the Auction Content Area. (b) FairMarket shall be primarily responsible for removing auctions, classified advertising categories or items or listings if they do not comply with generally acceptable advertising industry standards. Examples of such types of items include, without limitation, pornography, drugs, alcohol and racially or politically offensive products or ads. In addition, FairMarket will work with Microsoft to identify and establish a mutually agreed set of additional categories or items that FairMarket will be primarily responsible for removing. (c) In addition, in Microsoft's sole discretion, Microsoft may elect that the Private Label Auction Sites will not contain certain types of classified advertising, including without limitation, real estate classified ads, automobile classified ads, travel classifieds ads, employment classified ads or certain auction categories or related auction listings such as computer software, whether such listings originated on the Private Label Auction Sites or Affiliate sites. In addition to FairMarket's obligation identified in Section 2.6(b) above, Microsoft shall have the right, but not the obligation, to remove auctions or classified advertising categories or items if they do not comply with Microsoft standard advertising guidelines, or if they are competitive to the Microsoft Sites, e.g., auto auctions from Auto-by-Tel. FairMarket shall ensure that the Administrative Module provides Microsoft with the ability and all necessary functionality to remove objectionable listings from the Private Label Auction Sites. Microsoft has the right not to include listings if it has reason to believe any such listing might be illegal/fraudulent, or if a Seller is a known counterfeiter, and the like.