Common use of Customization Clause in Contracts

Customization. ICP shall customize all ICP Programming and the ICP Internet Site for AOL Members as follows: 5.2.1 ICP shall customize and co-brand the ICP Internet Site for distribution over certain AOL Properties as more particularly described on Exhibit A-3. The customization and co-branding described in Exhibit A-3 represents the manner in which AOL currently contemplates that such customization and co-branding will appear. ICP shall make any reasonable changes to the customization and/or co-branding requirements of any AOL Property that may occur during the Term. 5.2.2 ICP shall ensure that AOL Members accessing the ICP Programming or linking to the ICP Internet Site do not receive any advertisements, promotions, links, or pointers (i) for any entity reasonably construed to be in competition with AOL or any AOL Property, (ii) for any entity in an Exclusive Category without AOL's prior written consent, or (iii) otherwise in violation of the applicable AOL Property's then-standard advertising policies. 5.2.3 ICP shall provide continuous navigational ability for AOL Members to return to an agreed-upon point on the applicable AOL Property (for which AOL shall supply the proper address) from ICP Internet Site or ICP Programming (e.g., the point on the applicable AOL Property from which such site is linked), which, at AOL's option, may be satisfied through the use of a hybrid browser format. ICP shall ensure that navigation back to the AOL Network from the ICP Internet Site, whether through a particular pointer or link, the "back" button on an Internet browser, the closing of an active window, or any other return mechanism, shall not be interrupted by ICP through the use of any intermediate screen or other device not specifically requested by the user, including without limitation through the use of any html pop-up window or any other similar device. Rather, such AOL traffic shall be pointed directly back to the AOL Network as designated by AOL.

Customization. ICP shall customize all ICP Programming and the ICP Internet Site for AOL Members as follows: 5.2.1 (a) ICP shall customize and co-brand the ICP Internet Site for distribution over certain AOL Properties as more particularly described on Exhibit A-3A-1. The customization and co-branding described in Exhibit A-3 A-1 represents the manner in which AOL currently contemplates that such customization and co-branding will appear. ICP shall make any reasonable changes to the customization and/or co-branding requirements of any AOL Property that may occur during the Term. 5.2.2 (b) ICP shall ensure that AOL Members accessing the ICP Programming or linking to the ICP Internet Site do not receive any advertisements, promotions, links, promotions or pointers links (i) for any entity reasonably construed to be in competition with AOL Interactive Service or any AOL Property, (ii) for any entity in an Exclusive Category without AOL's prior written consent, or (iii) otherwise in violation of the applicable AOL Property's then-standard advertising policies. ICP shall ensure that AOL Members accessing the ICP Programming or linking to the ICP Internet Site do not receive advertisements, promotions or links in a category in which AOL or the applicable AOL Property has an [****] another [****] to a third party; provided, however, that if ICP is in violation of the terms of this Section 5.2(b) due to AOL's failure to inform ICP of such category and such violation is not willful or repeated, then AOL's [****] shall [****] require that ICP promptly (within two (2) business days) [****] any such [****], or [****] (or otherwise [****] of [****]). 5.2.3 (c) ICP shall provide continuous navigational ability for AOL Members to return to an agreed-upon point on the applicable AOL Property (for which AOL shall supply the proper address) from ICP Internet Site or ICP Programming (e.g., the point on the applicable AOL Property from which such site is linked), which, at AOL's option, may be satisfied through the use of a hybrid browser format. ICP shall ensure that navigation back to the AOL Network from the ICP Internet Site, whether through a particular pointer or link, the "back" button on an Internet browser, the closing of an active window, or any other return mechanism, shall not be interrupted by ICP through the use of any intermediate screen or other device not specifically requested by the user, including without limitation through the use of any html pop-up window or any other similar device. Rather, such AOL traffic shall be pointed directly back to the AOL Network as designated by AOL. --------------- [****] REPRESENTS MATERIAL WHICH HAS BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. (d) Upon AOL's request, ICP shall use AOL's tools and technology for all community-related utilities and functionality (including, without limitation, chat, message boards, and web page community services such as AOL Hometown) within ICP Programming and the ICP Internet Site and any registration or similar processes permitted hereunder (once AOL's registration tools become available) to the extent technically feasible and to the extent such tools and technology can be integrated in a substantially similar manner as ICP's current tools in terms of user experience.

Customization. ICP shall customize all ICP Programming and the ICP Internet Site Secondary Page for AOL Members as follows: 5.2.1 (a) ICP shall customize and co-brand the Secondary Page and ICP Internet Site Programming for distribution over certain the AOL Properties listed in Exhibit A-1 using AOL's design guideline templates and co-branding requirements, including by (x) displaying on the Secondary Page framing (e.g., C-frame, side navigation/menu bars, headers and footers) of size and type determined by AOL and which contain branding for the applicable AOL Property and ICP as more particularly described determined by AOL and, as determined by AOL, links to the applicable AOL Property, a search box and/or promotional spaces to be programmed by AOL, and (y) matching the look and feel of the applicable AOL Property on Exhibit A-3the ICP Programming. The In addition, ICP shall comply with any customization and co-branding described in requirements set forth on Exhibit A-3 represents the manner in which AOL currently contemplates that such customization and co-branding will appear. A. ICP shall make any reasonable changes to the customization and/or co-branding of the Secondary Page and ICP Programming to conform to the standard requirements of any AOL Property that may occur or otherwise reasonably requested by AOL during the Term. 5.2.2 (b) ICP shall ensure that AOL Members accessing the ICP Programming or linking to the ICP Internet Secondary Page or Primary Site do not receive any advertisements, promotions, links, promotions or pointers links (i) for any entity reasonably construed to be in competition with AOL or any the applicable AOL Property, (ii) for any entity in a category in which AOL or the applicable AOL Property has an Exclusive Category without AOL's prior written consentexclusive or other preferential relationship, or (iii) otherwise in violation of the applicable AOL Property's then-standard advertising policies. AOL hereby approves of ICP'spromotion of internet service to truckers through the Secondary Page ICP Programming, provided that such service is promoted as only being available at truckstops and not competitive to AOL's internet access services. ICP shall ensure that all Advertisements sold by ICP or its agents comply with all applicable federal, state and local laws and regulations. 5.2.3 (c) Run of Service Banner Placements, as set forth in Exhibit A, for ICP within the AOL Network shall provide continuous navigational ability for linked directly to the Primary Site which may contain ICP's own community and communications utilities and functionality (e.g., chat, message boards), but must otherwise comply with all other restrictions on ICP Programming described herein. Links to from the ICP Programming in the Workplace Channel Trucker's area on the AOL Service shall be programmed to click through to a Secondary Page (e.g., an "article of the day") within the ICP Programming which shall not contain ICP's own community and communications utilities and functionality mentioned above. ICP may include a link on the Secondary Page that directs AOL Members to return to an agreedthe home page of the Primary Site where ICP's own communications and community functionality tools may exist. (d) ICP shall host all pages of the ICP Programming and Secondary Page under a domain name co-upon point on branded with the applicable AOL Property (i.e., pnv.▇▇▇.▇▇▇) and traffic to pages hosted on any such domain name shall be deemed to be AOL and ICP traffic. ICP agrees that for which AOL shall supply the proper address) from ICP Internet Site or ICP Programming purpose of third party industry measurement metrics (e.g.such as Media Metrix and Relevant Knowledge), the point on the applicable AOL Property from which traffic (i.e., page views) within such site is linked), which, at AOL's option, may be satisfied through the use of a hybrid browser format. ICP shall ensure that navigation back to the AOL Network from the ICP Internet Site, whether through a particular pointer or link, the "back" button on an Internet browser, the closing of an active window, or any other return mechanism, shall not be interrupted by ICP through the use of any intermediate screen or other device not specifically requested by the user, including without limitation through the use of any html pop-up window or any other similar device. Rather, such AOL traffic pages and sites shall be pointed directly back exclusively attributable to the AOL Network as designated by AOL.

Customization. ICP shall customize all ICP Programming and the ICP ------------- Internet Site for AOL Members as follows: 5.2.1 ICP shall customize and co-brand the ICP Internet Site for distribution over certain AOL Properties as more particularly described on Exhibit A-3. The customization and co-branding described in Exhibit A-3 represents the manner in which AOL currently contemplates that such customization and co-branding will appear. ICP shall make any reasonable changes to the customization and/or co-branding requirements of any AOL Property that may occur during the Term. 5.2.2 ICP shall ensure that AOL Members accessing the ICP Programming or linking to the ICP Internet Site do not receive any advertisements, promotions, linkspromotions or links for the benefit of any Interactive Service (excluding an Interactive Service whose primary business is the provision of health and/or medical related Content to the public and/or private sector), or pointers (i) for any entity reasonably construed to be in competition with AOL or any AOL Property, (ii) for any entity in an Exclusive Category without AOL's prior written consent, or (iii) otherwise in violation of the applicable AOL Property's then-standard advertising policies. In addition, ICP shall use commercially reasonable efforts to not promote products, goods or services within the ICP Programming or on the ICP Internet Site in a category in which AOL or the applicable AOL Property has an exclusive or other preferential relationship. 5.2.3 ICP shall provide continuous navigational ability for AOL Members to return to an agreed-upon point on the applicable AOL Property (for which AOL shall supply the proper address) from ICP Internet Site or ICP Programming (e.g., the point on the applicable AOL Property from which such site is linked), which, at AOL's option, may be satisfied through the use of a hybrid browser format. ICP shall ensure that navigation back to the AOL Network from the ICP Internet Site, whether through a particular pointer or link, the "back" button on an Internet browser, the closing of an active window, or any other return mechanism, shall not be interrupted by ICP through the use of any intermediate screen or other device not specifically requested by the user, including without limitation through the use of any html pop-up window or any other similar device. Rather, such AOL traffic shall be pointed directly back to the AOL Network as designated by AOL.