Common use of Leads Clause in Contracts

Leads. Partner shall provide the counts detailing the number of times an End User contacts the Content Source or applicable broker or agent within the Content Source directly from the Licensed Content that is displayed on the Partner Site, an Additional Site, or the Partner Mobile Apps. Partner shall report email and telephone leads separately in its reporting. Partner shall also report leads that are generated for any non-listing agent directly from the Licensed Content, which reporting shall identify both the listing from which each lead was generated and the non-listing agent who received such lead. Lead counts must be provided per listing with a timestamp, provided however that in the event that Partner is not able to provide timestamps immediately upon the Effective Date, Partner may provide datestamps in lieu of timestamps until such time as Partner is able to provide timestamps, which shall in no event be later than sixty (60) days after the Effective Date. For purposes of clarity, Partner shall not be required to provide the reporting described in this Section 5.8.2.4 with respect to end users who respond to paid display advertisements that are displayed on pages that also contain Licensed Content so long as when an end user takes an action on such a paid display advertisement, Partner does not provide the advertiser with any information and/or data from, or that identifies in any way, a particular listing or property within the Licensed Content. Notwithstanding the foregoing, MSI and Partner acknowledge and agree that: (i) as of the Effective Date, Partner is not currently capable of providing the reporting metrics described in this Section 5.8.2 with respect to the Partner Mobile Apps (the “Mobile App Metrics”); (ii) as of the Effective Date, Partner is not currently capable of providing reporting with respect to leads generated for any non-listing agent directly from the Licensed Content, as described in Section 5.8.2.4, above (the “Non-Listing Agent Lead Metrics”); (iii) Partner shall begin providing all reporting metrics described in this Section 5.8.2, with the exception of the Mobile App Metrics and the Non-Listing Agent Lead Metrics, no later than fourteen (14) days after the Effective Date and shall continue providing such reporting metrics each day for the duration of the Term; (iv) Partner shall begin providing the Mobile App Metrics as soon as reasonably possible, which shall in no event be later than the date on which Partner begins including such Mobile App Metrics in reporting that Partner makes available to its customers or December 31, 2012, whichever is earlier to occur; and (v) Partner shall begin providing the Non-Listing Agent Lead Metrics as soon as reasonably possible, which shall in no event be later than one hundred twenty (120) days after the Effective Date.