Common use of Creative Content Clause in Contracts

Creative Content. Company shall make available to Publisher the various e-mail creatives, display marketing materials, text links, and/or banner advertisements (collectively, the “Creative Content”) associated with the applicable Campaign. All Creative Content will be posted on the Network for download, publication and distribution by Publisher subject to the Terms of this Agreement. Upon grant of approval to participate in the Program, Publisher will be permitted to download all applicable Creative Content: (i) for publication on Publisher’s website and/or any other website published with, owned, operated and/or controlled by Publisher (“Publisher Website(s)”); and/or (ii) for distribution within Program-related commercial e-mail marketing messages (“E-mails”) sent to those e-mail addresses listed in Publisher’s database and/or any other database of e-mail addresses affiliated with, owned, operated and/or controlled by Publisher (“Publisher Database”). Company reserves the right in its sole discretion, to update, change or revise any Creative Content that is made available to Publisher at any time. Publisher hereby acknowledges and agrees to use only the most recent and up-to-date version of Creative Content. Publisher must immediately comply with all requests by Company to modify, alter or otherwise change the positioning, placement, frequency and/or other editorial decisions related to Creative Content; and must immediately remove Creative Content upon receiving notice from Company or upon the termination or expiration of any applicable Campaign and/or applicable IO. Publisher may not otherwise alter, modify or change any Creative Content in any manner, whatsoever without the Company’s prior consent; and shall display the Creative Content exactly as it appears on the Network. Publisher agrees that if Company’s name, including any abbreviation thereof, is not an approved “From” Line, then Publisher shall not use the same in the originating e-mail address line or “subject” line of any E-mails. If mailing to or from the State of California, Publisher must have an accurately openly registered mailing domain in the “friendly from” line, which must be accessible through “whois” searches. Publisher agrees that Company may terminate Publisher’s right to use any Creative Content in whole or in part and/or Publisher’s right to participate in any Campaign at any time, for any reason, whatsoever. Publisher further agrees to remove from its systems and prevent any downstream affiliates (including, but not limited to, “Sub-Publishers” as that term is defined below) from distributing Campaigns and/or associated Creative Content as soon as possible following Company’s written or e-mailed removal request; and in any event not more than one (1) day following Company’s dispatch of such a written removal request. Failure by Publisher to adhere to any of the foregoing requirements and/or Publisher’s use or attempted use of any marketing materials other than the heretofore approved Creative Content in connection with any applicable Campaign, shall constitute a material breach of this Agreement and shall, in addition to all other legal remedies available to Company, be grounds for the immediate termination of this Agreement, without notice or opportunity to cure.

Creative Content. Company shall make available to Publisher the various e-mail creatives, display marketing materials, text links, and/or banner advertisements (collectively, the “Creative Content”) associated with the applicable Campaign. All Creative Content will be posted on the Network for download, publication and distribution by Publisher subject to the Terms of this Agreement. Upon grant of approval to participate in the Program, Publisher will be permitted to download all applicable Creative Content: (i) for publication on Publisher’s website and/or any other website published with, owned, operated and/or controlled by Publisher (“Publisher Website(s)”); and/or (ii) for distribution within Program-related commercial e-mail marketing messages (“E-mails”) sent to those e-mail addresses listed in Publisher’s database and/or any other database of e-mail addresses affiliated with, owned, operated and/or controlled by Publisher (“Publisher Database”). Company reserves the right in its sole discretion, to update, change or revise any Creative Content that is made available to Publisher at any time. Publisher hereby ▇▇▇▇▇▇ acknowledges and agrees to use only the most recent and up-to-date version of Creative Content. Publisher must immediately comply with all requests by Company to modify, alter or otherwise change the positioning, placement, frequency and/or other editorial decisions related to Creative Content; and must immediately remove Creative Content upon receiving notice from Company or upon the termination or expiration of any applicable Campaign and/or applicable IO. Publisher may not otherwise alter, modify or change any Creative Content in any manner, whatsoever without the Company’s prior consent; and shall display the Creative Content exactly as it appears on the Network. Publisher agrees that if Company’s name, including any abbreviation thereof, is not an approved “From” Line, then Publisher shall not use the same in the originating e-mail address line or “subject” line of any E-mails. If mailing to or from the State of California, Publisher must have an accurately openly registered mailing domain in the “friendly from” line, which must be accessible through “whois” searches. Publisher agrees that Company may terminate Publisher’s right to use any Creative Content in whole or in part and/or Publisher’s right to participate in any Campaign at any time, for any reason, whatsoever. Publisher further agrees to remove from its systems and prevent any downstream affiliates (including, but not limited to, “Sub-Publishers” as that term is defined below) from distributing Campaigns and/or associated Creative Content as soon as possible following Company’s written or e-mailed removal request; and in any event not more than one (1) day following Company’s dispatch of such a written removal request. Failure by Publisher to adhere to any of the foregoing requirements and/or Publisher’s use or attempted use of any marketing materials other than the heretofore approved Creative Content in connection with any applicable Campaign, shall constitute a material breach of this Agreement and shall, in addition to all other legal remedies available to Company, be grounds for the immediate termination of this Agreement, without notice or opportunity to cure.