Common use of Proportionality Clause in Contracts

Proportionality. You acknowledge that the Advertising Fund is intended to maximize recognition of the Marks and patronage of NETSPACE(R) businesses. Although we will endeavor to utilize the Advertising Fund to develop advertising and marketing materials and programs and to place advertising that will benefit all NETSPACE(R) businesses, we undertake no obligation to ensure that expenditures by the Advertising Fund in or affecting any geographic area are proportionate or equivalent to the contributions to the Advertising Fund by NETSPACE(R) businesses operating in that geographic area. Nor are we under any obligation to ensure that any NETSPACE(R) businesses will benefit directly or in proportion to its Ad Fees paid to the Advertising Fund from the development of advertising and marketing materials or the placement of advertising. Except as expressly provided in this Article, we assume no direct or indirect liability or obligation to you with respect to collecting amounts due to, or maintaining, directing or administering the Advertising Fund.

Proportionality. You acknowledge that the Advertising Fund is intended to maximize recognition of the Marks and patronage of NETSPACE(R) businesses. Although we will endeavor to utilize the Advertising Fund to develop advertising and marketing materials and programs and to place advertising that will benefit all NETSPACE(R) businesses, we undertake no obligation to ensure that expenditures by the Advertising Fund in or affecting any geographic area are proportionate or equivalent to the contributions to the Advertising Fund by NETSPACE(R) businesses operating in that geographic area. Nor are we under any obligation to ensure that any NETSPACE(R) businesses business will benefit directly or in proportion to its Ad Fees paid to the Advertising Fund from the development of advertising and marketing materials or the placement of advertising. Except as expressly provided in this Article, we assume no direct or indirect liability or obligation to you with respect to collecting amounts due to, or maintaining, directing or administering the Advertising Fund.