Common use of Promotional Placement Clause in Contracts

Promotional Placement. MERCHANT acknowledges that the sole obligation of AOL is to display the Promotion in the Shopping Channel in accordance with the terms and conditions of the Agreement. The specific positioning of the Promotion on any screen in the Shopping Channel shall be as determined by AOL, consistent with the editorial composition of such screen and the nature of the Promotion being purchased by MERCHANT. AOL reserves the right to reject, cancel or remove at any time the Promotion for any reason with fifteen (15) days prior notice to MERCHANT, and AOL will refund to MERCHANT a pro-rata portion of the fee allocable to the display of the Promotion based on the number of days that the Promotion was displayed. Except for the pro-rata refund set forth in the foregoing sentence, AOL will not be liable in any way for any rejection, cancellation or removal of the Promotion, except as otherwise set forth in this Agreement. AOL reserves the right to redesign or modify the organization, navigation, structure, "look and feel" and other elements of the AOL Service, AOL.com, the CompuServe Service, the Netscape Netcenter and the AOL Nxxxxxx, at its sole discretion at any time without prior notice. MERCHANT acknowledges and agrees that AOL will own all right, title and interest in and to the elements of graphics, design, organization, presentation, layout, user interface, navigation and stylistic convention (including the digital implementations thereof) which are generally associated with online areas contained within the AOL Network. In the event such modifications materially affect the placement of the Promotion, AOL will notify MERCHANT and will work with MERCHANT to display the Promotion in a comparable location and manner. If AOL and MERCHANT cannot reach agreement on a substitute placement, MERCHANT will have the right to cancel the Promotion, upon thirty (30) days advance written notice to AOL. In such case, MERCHANT will only be responsible for the pro-rata portion of payments attributable to the period from the Effective Date through the end of the thirty (30) day notice period. MERCHANT may not resell, trade, exchange, barter or broker to any third party any promotional or advertising space which is the subject of this Agreement. MERCHANT will not be entitled to any refund or proration for delays caused by MERCHANT's failure to deliver to AOL any materials relating to the Promotion.

Promotional Placement. MERCHANT acknowledges that the sole obligation of AOL is to display the Promotion in the Shopping Channel in accordance with the terms and conditions of the Agreement. The specific positioning of the Promotion on any screen in the Shopping Channel shall be as determined by AOL, consistent with the editorial composition of such screen and the nature of the Promotion being purchased by MERCHANT. AOL reserves the right to reject, cancel or remove at any time the Promotion for any reason with fifteen (15) days prior notice to MERCHANT, and AOL will refund to MERCHANT a pro-rata portion of the fee allocable to the display of the Promotion based on the number of days that the Promotion was displayed. Except for the pro-rata refund set forth in the foregoing sentence, AOL will not be liable in any way for any rejection, cancellation or removal of the Promotion, except as otherwise set forth in this Agreement. AOL reserves the right to redesign or modify the organization, navigation, structure, "look and feel" and other elements of the AOL Service, AOL.comAOL.xxx, the xxe CompuServe Service, the Netscape Netcenter and the AOL NxxxxxxNetwork, at its sole discretion at any time without prior notice. MERCHANT acknowledges and agrees that AOL will own all right, title and interest in and to the elements of graphics, design, organization, presentation, layout, user interface, navigation and stylistic convention (including the digital implementations thereof) which are generally associated with online areas contained within the AOL Networktime. In the event such modifications materially affect the placement of the Promotion, AOL will notify MERCHANT and will work with MERCHANT to display the Promotion in a comparable location and manner. If AOL and MERCHANT cannot reach agreement on a substitute placement, MERCHANT will have the right to cancel the Promotion, upon thirty (30sixty(60) days advance written notice to AOL. In such case, MERCHANT will only be responsible for the pro-rata portion of payments attributable to the period number of days from the Effective Date through the end of the thirty sixty (3060) day notice period. MERCHANT may not resell, trade, exchange, barter or broker to any third party any promotional or advertising space which is the subject of this Agreement. MERCHANT will not be entitled to any refund or proration for delays caused by MERCHANT's failure to deliver to AOL any materials relating to the Promotion. MERCHANT acknowledges and agrees that AOL will own all right, title and interest in and to the elements of graphics, design, organization, presentation, layout, user interface, navigation and stylistic convention (including the digital implementations thereof) which are generally associated with online areas contained within the AOL Network.

Promotional Placement. MERCHANT acknowledges that the sole obligation of AOL is to display the Promotion in the Shopping Channel in accordance with the terms and conditions of the Agreement. The specific positioning of the Promotion on any screen in the Shopping Channel shall be as determined by AOL, consistent with the editorial composition of such screen and the nature of the Promotion being purchased by MERCHANT. AOL reserves the right to reject, cancel or remove at any time the Promotion for any reason with fifteen (15) days prior notice to MERCHANT, and AOL will refund to MERCHANT a pro-rata portion of the fee allocable to the display of the Promotion based on the number of days that the Promotion was displayed. Except for the pro-rata refund set forth in the foregoing sentence, AOL will not be liable in any way for any rejection, cancellation or removal of the Promotion, except as otherwise set forth in this Agreement. AOL reserves the right to redesign or modify the organization, navigation, structure, "look and feel" and other elements of the AOL Service, AOL.com, the XXX.XX and CompuServe Service, the Netscape Netcenter and the AOL Nxxxxxx, for Canadians at its sole discretion at any time without prior notice. MERCHANT acknowledges and agrees that AOL will own all right, title and interest in and to the elements of graphics, design, organization, presentation, layout, user interface, navigation and stylistic convention (including the digital implementations thereof) which are generally associated with online areas contained within the AOL Network. In the event such modifications materially affect the placement of the Promotion, AOL will notify MERCHANT and will work with MERCHANT to display the Promotion in a comparable location and manner. If AOL and MERCHANT cannot reach agreement on a substitute placement, MERCHANT will have the right to cancel the Promotion, upon thirty sixty (3060) days advance written notice to AOL. In such case, MERCHANT will only be responsible for the pro-rata portion of payments attributable to the period from the Effective Date through the end of the thirty sixty (3060) day notice period. MERCHANT may not resell, trade, exchange, barter or broker to any third party any promotional or advertising space which is the subject of this Agreement. MERCHANT will not be entitled to any refund or proration for delays caused by MERCHANT's failure to deliver to AOL any materials relating to the Promotion.

Promotional Placement. MERCHANT acknowledges that the sole obligation of AOL --------------------- is to display the Promotion in the Shopping Channel in accordance with the terms and conditions of the Agreement. The specific positioning of the Promotion on any screen in the Shopping Channel shall be as determined by AOL, consistent with the editorial composition of such screen and the nature of the Promotion being purchased by MERCHANT. AOL reserves the right to reject, cancel or remove at any time the Promotion for any reason with within fifteen (15) days prior notice to MERCHANT, and AOL will refund to MERCHANT a pro-rata portion of the fee allocable to the display of the Promotion based on the number of days that the Promotion was displayed. Except for the pro-rata refund set forth in the foregoing sentence, AOL will not be liable in any way for any rejection, cancellation or removal of the Promotion, except as otherwise set forth in this Agreement. AOL reserves the right to redesign or modify the organization, navigation, structure, "look and feel" and other elements of the AOL Service, AOL.com, XXX.xxx and the CompuServe Service, the Netscape Netcenter and the AOL Nxxxxxx, at its its; sole discretion at any time without prior notice. MERCHANT acknowledges and agrees that AOL will own all right, title and interest in and to the elements of graphics, design, organization, presentation, layout, user interface, navigation and stylistic convention (including the digital implementations thereof) which are generally associated with online areas contained within the AOL Network. In the event such modifications materially affect the placement of the Promotion, AOL will notify MERCHANT and will work with MERCHANT to display the Promotion in a comparable location and manner. If AOL and MERCHANT cannot reach agreement on a substitute placement, MERCHANT will have the right to cancel the Promotion, upon thirty fifteen (3015) days advance written notice to AOL. In such case, MERCHANT will only be responsible for the pro-rata portion of payments attributable to the period from the Effective Date through the end of the thirty fifteen (3015) day notice period. MERCHANT may not resell, trade, exchange, barter or broker to any third party any promotional or advertising space which is the subject of this Agreement. MERCHANT will not be entitled to any refund or proration for delays caused by MERCHANT's MERCHANTs failure to deliver to AOL any materials relating to the Promotion.