Common use of Prospective Relief Clause in Contracts

Prospective Relief. comScore agrees that it shall institute the following procedures on or before the Effective Date and that such procedures shall remain in effect for a period of two (2) years after the Effective Date: (a) comScore shall modify the terms of its “Disclosure Statement” and “User License Agreement” such that they are consistent with its data collection practices and accurately disclose and identify (a) the categories of information collected by OSSProxy, and (b) each company collecting such information. (b) comScore shall require its third party bundling partners to include in the Disclosure Statement a functional and conspicuous hyperlink to its ULA. comScore will implement reasonable systems and controls to monitor this requirement and shall take reasonable steps to immediately remedy any violations. (c) comScore shall establish a mechanism (e.g., a dedicated toll-free number) for individuals to receive easy-to-understand instructions on how to uninstall OSSProxy from their computers. (d) comScore shall continue its practice of engaging an independent third party to perform semi-annual audits of its business practices relating to OSSProxy, except that the scope of all such audits shall be expanded to ensure compliance with the prospective relief agreed upon as part of the Settlement. To the extent that such audits reveal non-compliance, comScore shall correct any and all identified violations. The costs of the audits provided for herein shall be paid out of the Settlement Fund, but any such payments shall not exceed $100,000.00.