Page Views. 10.1 With respect to the ARTISTdirect Links, Yahoo will deliver a minimum of [***]* Page Views. 10.2 Yahoo will use commercially reasonable efforts to deliver the aforementioned Page Views according to the allocation set forth below, but Yahoo's Page View obligation is with respect to the Music Merchant Program as a whole. Yahoo will not be in breach of this Agreement for failure to deliver the specific number of Page Views in any of the areas set forth below: (a) [***]* 10.3 [***]* Yahoo and ARTISTdirect will meet to discuss the performance of this Music Merchant Program as a whole and agree to consider in good faith ways to optimize elements of this Music Merchant Program. In the event that Yahoo fails to deliver the number of Page Views set forth in Section 10.1 before expiration of the Term, [***]* If Yahoo does not satisfy its Page View obligation within [***]* days after the expiration of the Term, then [***]* The parties acknowledge and agree that the [***]* referenced above has no other significance in this Agreement other than [***]* 10.4 On a regular basis and at ARTISTdirect's reasonable request, Yahoo will provide ARTISTdirect with access to an electronic database, the accuracy of which is periodically reviewed and certified by Ernst & Young, LLP or a similarly reputable and independent entity, that describes in reasonable detail Yahoo's calculation of the Page Views delivered under this Agreement. To the extent that Yahoo elects, in its sole discretion, to conduct research or analysis on behalf of or at the direction of ARTISTdirect, Yahoo will share its results with ARTISTdirect at [***]*
Appears in 1 contract
Sources: Advertising and Promotion Agreement (Artistdirect Inc)
Page Views. 10.1 With respect to the ARTISTdirect Links, Yahoo will deliver a minimum of [***]* Page Views.
10.2 Yahoo will use commercially reasonable efforts to deliver the aforementioned Page Views according to the allocation set forth below, but Yahoo's Page View obligation is with respect to the Music Merchant Program as a whole. Yahoo will not be in breach of this Agreement for failure to deliver the specific number of Page Views in any of the areas set forth below:
(a) [***]*
10.3 [***]* Yahoo and ARTISTdirect will meet to discuss the performance of this Music Merchant Program as a whole and agree to consider in good faith ways to optimize elements of this Music Merchant Program. In the event that Yahoo fails to deliver the number of Page Views set forth in Section 10.1 before expiration of the Term, [***]* If Yahoo does not satisfy its Page View obligation within [***]* days after the expiration of the Term, then [***]* The parties acknowledge and agree that the [***]* referenced above has no other significance in this Agreement other than [***]*
10.4 On a regular basis and at ARTISTdirect's reasonable request, Yahoo will provide ARTISTdirect with access to an electronic database, the accuracy of which is periodically reviewed and certified by Ernst & Young, LLP or a similarly reputable and independent entity, that describes in reasonable detail Yahoo's calculation of the Page Views delivered under this Agreement. To the extent that Yahoo elects, in its sole discretion, to conduct research or analysis on behalf of or at the direction of ARTISTdirect, Yahoo will share its results with ARTISTdirect at [***]*
Appears in 1 contract
Sources: Advertising and Promotion Agreement (Artistdirect Inc)