Common use of Page Views Clause in Contracts

Page Views. 7.1 With respect to the Green Mountain Banners and Buttons, Yahoo shall deliver no less than *** Page Views. Yahoo shall use commercially reasonable efforts to ensure that such Page Views are delivered evenly to unique users in accordance with Yahoo's standard advertising delivery system procedures. 7.2 Yahoo will use reasonable commercial efforts to deliver such Page Views as follows: *** Page Views of the Green Mountain Banner; and *** Page Views of the Green Mountain Button. Further, Yahoo shall use reasonable commercial efforts to ensure that the Page Views of the Green Mountain Banner referenced in this Section 7.2 are allocated approximately as follows: nineteen (19%) percent to New Jersey residents, thirty-six percent (36%) to Pennsylvania residents, and forty-five percent (45%) to California residents (in each case as such residents are further defined in Section 3.1); provided that if deregulation on acceptable terms in New Jersey is delayed by more than one month, on 30 days notice Yahoo shall shift a commensurate amount of Green Mountain Banners to California and Pennsylvania subject to availability. Notwithstanding anything to the contrary on this Section 7.2, Yahoo's Page View obligations are with respect to the program as a whole as set forth in Section 7.1 and Yahoo shall not be in breach of this Agreement for failure to deliver the number of Page Views in either of the specific areas set forth in this Section 7.2. 7.3 In the event that Yahoo fails to deliver the number of Page Views referred to in Section 7.1 above by the expiration of the Term, Yahoo will "make good" the shortfall by extending its obligations under Sections 2 and 3 in the areas of the Yahoo Main Site set forth therein (or similar inventory) beyond the end of the Term until such Yahoo Page View obligation is satisfied, provided that such obligation shall be satisfied within six months from the end of the Term. The provisions set forth in this Section 7.3 set forth the entire liability of Yahoo, and Green Mountain's sole remedy, for Yahoo's breach of its Page View obligations set forth in this Section 7. 7.4 Yahoo will treat Green Mountain on a basis reasonably equivalent to its other Premier Merchants in terms of placement of Green Mountain Banners and Buttons on the Yahoo Properties and location on specific pages, taking into account the unique characteristics of this program. Throughout the Term, the parties shall discuss in good faith mutually beneficial adjustments to this advertising and promotion program, subject in all cases to Yahoo's available advertising inventory. ***Confidential treatment has been requested for the redacted portions. The confidential redacted portions have been filed separately with the Securities and Exchange Commission. 7.5 Yahoo shall provide Green Mountain access twenty-four hours a day, seven days a week, to an electronic database (updated on a monthly basis) that describes Yahoo's calculation of the Page Views.