Common use of Management of Merchant Site Clause in Contracts

Management of Merchant Site. MERCHANT will manage, review, delete, edit, create, update and otherwise manage all Content available on or through the Merchant Site, in a timely and professional manner and in accordance with the terms of this Agreement and AOL's applicable Terms of Service and AOL's Privacy Policy (as set forth on the AOL Service) or Merchant's Privacy Policy provided such MERCHANT policy is posted online. MERCHANT will ensure that the Merchant Site is current, accurate and well-organized at all times. MERCHANT warrants that the Merchant Site and any material contained therein: (i) will conform to AOL's applicable Terms of service and AOL's privacy policy or Merchant's posted and applicable Privacy Policy; (ii) will not infringe on or violate any copyright, trademark, U.S. patent or any other third party right, including without limitation, any music performance or other music-related rights; and (iii) will not contain any Product which violates any applicable law or regulation, including those relating to contests, sweepstakes or similar promotions. AOL will have no obligations with respect to the Products available on or through the Merchant Site, including, but not limited to, any duty to review or monitor any such categories of Products; provided, however, that AOL reserves the right to review and approve any additional categories of Products and any third-party content, products or services that MERCHANT makes or desires to make available to AOL Users through the Merchant Site. Upon AOL's request, MERCHANT agrees to include within the Merchant Site a product disclaimer (the specific form and substance to be mutually agreed upon by the Parties) indicating that transactions are solely between MERCHANT and the AOL Users who purchase products from MERCHANT. MERCHANT will ensure that neither MERCHANT nor any content, product or service contained within the Merchant Site, linked to the Promotion or otherwise relating the Agreement shall (i) disparage AOL; (ii) promote a competitor of AOL; or (iii) state or imply that AOL endorses MERCHANT's Products.

Appears in 1 contract

Samples: Confidential Shopping Channel Promotional Agreement (Nutrisystem Com Inc)

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Management of Merchant Site. MERCHANT will manage, review, delete, edit, -------------------------------- create, update and otherwise manage all Content Products available on or through the Merchant Site, in a timely and professional manner and in accordance with the terms of this Agreement and AOL's applicable Terms of Service and AOL's Privacy Policy (as set forth on the AOL Service). To the extent that Merchant Site includes AOL's Quick Checkout (as defined in Section 3 of Exhibit B) or Merchant's Privacy Policy provided such MERCHANT policy will ensure that the AOL Quick Checkout is posted onlineof equal placement and promotion prominence to other available payment options. MERCHANT will ensure that the Merchant Site is current, accurate and well-organized at all times. MERCHANT warrants that the Merchant Site and any material contained therein: (i) will conform to AOL's applicable Terms of service Service and AOL's privacy policy or Merchant's posted and applicable Privacy Policy; (ii) will not infringe on or violate any copyright, trademark, U.S. patent or any other third party right, including without limitation, any music performance or other music-related rights; and (iii) will not contain any Product which violates any applicable law or regulation, including those relating to contests, sweepstakes or similar promotions. AOL will have no obligations with respect to the Products available on or through the Merchant Site, including, but not limited to, any duty to review or monitor any such categories of Products; provided, however, that AOL reserves the right to review and approve any additional Product categories of Products (in addition to those listed in Exhibit E) and any third-party content, products or services that MERCHANT makes or desires to make available to AOL Users through the Merchant Site. Upon AOL's request, MERCHANT agrees to include within the Merchant Site a product disclaimer (the specific form and substance to be mutually agreed agreed, upon by the Parties) indicating that transactions are solely between MERCHANT and the AOL Users who purchase products from MERCHANT. MERCHANT will ensure that neither MERCHANT nor any content, product or service contained within the Merchant Site, linked to the Promotion or otherwise relating the Agreement shall (i) disparage AOL; (ii) promote a competitor of AOL; or (iii) state or imply that AOL endorses MERCHANT's Products.

Appears in 1 contract

Samples: Confidential Shopping (Garden Com Inc)

Management of Merchant Site. MERCHANT will manage, review, delete, edit, --------------------------- create, update and otherwise manage all Content Products available on or through the Merchant Site, in a timely and professional manner and in accordance with the terms of this Agreement and AOL's applicable Terms of Service and AOL's Privacy Policy (as set forth on the AOL Service). To the extent that Merchant Site includes AOL's Quick Checkout (as defined in Section 3 of Exhibit B) or Merchant's Privacy Policy provided such MERCHANT policy will ensure that the AOL Quick Checkout is posted onlineof equal placement and promotion prominence to other available payment options. MERCHANT will ensure that the Merchant Site is current, accurate and well-organized at all times. MERCHANT warrants that the Merchant Site and any material contained therein: (i) will conform to AOL's applicable Terms of service Service and AOL's privacy policy or Merchant's posted and applicable Privacy Policy; (ii) will not infringe on or violate any copyright, trademark, U.S. patent or any other third party right, including without limitation, any music performance or other music-related rights; and (iii) will not contain any Product which violates any applicable law or regulation, including those relating to contests, sweepstakes or similar promotions. AOL will have no obligations with respect to the Products available on or through the Merchant Site, including, but not limited to, any duty to review or monitor any such categories of Products; provided, however, that AOL reserves the right to review and approve any additional Product categories of Products (in addition to those listed in Exhibit E) and any third-party content, products or services that MERCHANT makes or desires to make available to AOL Users through the Merchant Site. Upon AOL's request, MERCHANT agrees to include within the Merchant Site a product disclaimer (the specific form and substance to be mutually agreed agreed, upon by the Parties) indicating that transactions are solely between MERCHANT and the AOL Users who purchase products from MERCHANT. MERCHANT will ensure that neither MERCHANT nor any content, product or service contained within the Merchant Site, linked to the Promotion or otherwise relating the Agreement shall (i) disparage AOL; (ii) promote a competitor of AOL; or (iii) state or imply that AOL endorses MERCHANT's Products.

Appears in 1 contract

Samples: Confidential Shopping Channel Promotional Agreement (Garden Com Inc)

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Management of Merchant Site. MERCHANT will manage, review, delete, edit, create, update and otherwise manage all Content Products available on or through the Merchant Site, in a timely and professional manner and in accordance with the terms of this Agreement and AOL's applicable Terms of Service and AOL's Privacy Policy (as set forth on the AOL Service). To the extent that Merchant Site makes online payment options available, MERCHANT will ensure that AOL Checkout (as defined in Section 3 of Exhibit B) or Merchant's Privacy Policy provided such MERCHANT policy is posted onlineof equal placement and promotion prominence to other available payment options. MERCHANT will ensure that the Merchant Site is current, accurate and well-organized at all times. MERCHANT warrants that the Merchant Site and any material contained therein: (i) will conform to AOL's applicable Terms of service Service and AOL's privacy policy or Merchant's posted and applicable Privacy Policy; (ii) will not infringe on or violate any copyright, trademark, U.S. or Canadian patent or any other third party right, including without limitation, any music performance or other music-related rights; and (iii) will not contain any Product which violates any applicable law or regulation, including those relating to contests, sweepstakes or similar promotions. AOL will have no obligations with respect to the Products available on or through the Merchant Site, including, but not limited to, any duty to review or monitor any such categories of Products; provided, however, that AOL reserves the right to review and approve any additional categories of Products and any third-party content, products or services that MERCHANT makes or desires to make available to AOL Users through the Merchant Site. Upon AOL's request, MERCHANT agrees to include within the Merchant Site a product disclaimer (the specific form and substance to be mutually agreed upon by the Parties) indicating that transactions are solely between MERCHANT and the AOL Users who purchase products from MERCHANT. MERCHANT will ensure that neither MERCHANT nor any content, product or service contained within the Merchant Site, linked to the Promotion or otherwise relating the Agreement shall (i) disparage AOL; (ii) promote a competitor of AOL; or (iii) state or imply that AOL endorses MERCHANT's Products.

Appears in 1 contract

Samples: Confidential Shopping Channel Promotional Agreement (Netjewels Com Inc)

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