Common use of SOLICITATION OF SUBSCRIBERS Clause in Contracts

SOLICITATION OF SUBSCRIBERS. (a) During the term of this Agreement and for a two year period thereafter, ICP will not use the AOL Network (including, without limitation, the e-mail network contained therein) to solicit AOL Members on behalf of another Interactive Service. More generally, ICP will not send unsolicited, commercial e-mail (i.e., "spam") or other online communications through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL Member to whom commercial e-mail or other online communication is being sent has voluntarily either (i) engaged in a transaction with ICP or (ii) provided information to ICP through a contest, registration, or other communication, which included clear notice to the AOL Member that the information provided could result in commercial e-mail or other online communications being sent to that AOL Member by ICP or its agents. Any commercial e-mail or other online communications to AOL Members which are otherwise permitted hereunder will (x) include a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICP and (y) shall also be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through or into the AOL product or service in question).

Appears in 4 contracts

Samples: Confidential Customized Programming Agreement (Broadband Sports Inc), Confidential Interactive Services Agreement (Broadband Sports Inc), Confidential Anchor Tenant Agreement (Bolt Inc)

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SOLICITATION OF SUBSCRIBERS. (a) During the term of this Agreement and for a --------------------------- two year period thereafter, ICP will not use the AOL Network (including, without limitation, the e-mail network contained therein) to solicit AOL Members on behalf of another Interactive Service. More generally, ICP will not send unsolicited, commercial e-mail (i.e., "spam") or other online communications through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL Member to whom commercial e-mail or other online communication is being sent has voluntarily either (i) engaged in a transaction with ICP or (ii) provided information to ICP through a contest, registration, or other communication, which included clear notice to the AOL Member that the information provided could result in commercial e-mail or other online communications being sent to that AOL Member by ICP or its agents. Any commercial e-mail or other online communications to AOL Members which are otherwise permitted hereunder will (xa) include a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICP and (yb) shall also be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through or into the AOL product or service in question).

Appears in 2 contracts

Samples: Confidential Interactive Services Agreement (CCBN Com), Interactive Services Agreement (Drkoop Com Inc)

SOLICITATION OF SUBSCRIBERS. (a) During the term of this Agreement and for a two year period thereafter, ICP will not use the AOL Network (including, without limitation, the e-mail network contained therein) to solicit AOL Members on behalf of another Interactive Service. More generally, ICP will not send unsolicited, commercial e-mail (i.e., "spam") or other online communications through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL Member to whom commercial e-mail or other online communication is being sent has voluntarily either (i) engaged in a transaction with ICP or (ii) provided information to ICP through a contest, registration, or other communication, which included clear notice to the AOL Member that the information provided could result in commercial e-mail or other online communications being sent to that AOL Member by ICP or its agents. Any commercial e-mail or other online communications to AOL Members which are otherwise permitted hereunder will (xa) include a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICP and (yb) shall also be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through or into the AOL product or service in question).

Appears in 2 contracts

Samples: Anchor Tenant Agreement (Knot Inc), Anchor Tenant Agreement (Knot Inc)

SOLICITATION OF SUBSCRIBERS. (a) During the term of this Agreement and for a two year period thereafter, ICP will not use the AOL Network (including, without limitation, the e-mail network contained therein) to solicit AOL Members on behalf of another Interactive Service. More generally, ICP will not send unsolicited, commercial e-mail (i.e., "spam") or other online communications through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business RelationshipPRIOR BUSINESS RELATIONSHIP" will mean that the AOL Member to whom commercial e-mail or other online communication is being sent has voluntarily either (i) engaged in a transaction with ICP or (ii) provided information to ICP through a contest, registration, or other communication, which included clear notice to the AOL Member that the information provided could result in commercial e-mail or other online communications being sent to that AOL Member by ICP or its agents. Any commercial e-mail or other online communications to AOL Members which are otherwise permitted hereunder will (xa) include a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICP and (yb) shall also be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through or into the AOL product or service in question).

Appears in 2 contracts

Samples: Confidential Interactive Services Agreement (Medscape Inc), Confidential Interactive Services Agreement (Medscape Inc)

SOLICITATION OF SUBSCRIBERS. (a) During the term of this Agreement and for a two year period thereafter, ICP Company will not use the AOL Network (including, without limitation, the e-mail network contained therein) to solicit AOL Members on behalf of another Interactive Service. More generally, ICP Company will not send unsolicited, commercial e-mail (i.e., "spam") or other online communications through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL Member to whom commercial e-mail or other online communication is being sent has voluntarily either (i) engaged in a transaction with ICP Company (not including any transaction through the AOL PMR Service); or (ii) provided information to ICP Company through a contest, registration, or other communication, which included clear notice to the AOL Member that the information provided could result in commercial e-mail or other online communications being sent to that AOL Member by ICP Company or its agents. Any commercial e-mail or other online communications to AOL Members which are otherwise permitted hereunder will (xa) include a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICP Company and (yb) shall also be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through or into the AOL product or service in question).

Appears in 1 contract

Samples: Development and Services Agreement (Drkoop Com Inc)

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SOLICITATION OF SUBSCRIBERS. (a) During the term of this Agreement and for a two (2) year period thereafter, ICP will AOLA shall not use the AOL Network (including, without limitation, the e-mail email network contained therein) to solicit AOL Members on behalf of another Interactive Service. More generally, ICP AOLA will not send unsolicited, commercial e-mail email (i.e., "spam") or other online communications through or into AOL's ’s products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL Member to whom commercial e-mail email or other online communication is being sent has voluntarily either (ia) engaged in a transaction with ICP AOLA or (iib) provided information to ICP AOLA through a contest, registration, registration or other communication, which included clear notice to the AOL Member that the information provided could result in commercial e-mail email or other online communications being sent to that AOL Member by ICP AOLA or its agents. Any commercial e-mail email or other online communications to AOL Members which are otherwise permitted hereunder (i) will (x) include a prominent and easy means to "opt-“opt out" of receiving any future commercial e-mail communications from ICP AOLA and (yii) shall also be subject to AOL's ’s then-standard restrictions on distribution of bulk e-mail email (e.g., related to the time and manner in which such e-mail email can be distributed through or into the AOL product or service in question).

Appears in 1 contract

Samples: Localization Services, Licensing and Content Programming Agreement (America Online Latin America Inc)

SOLICITATION OF SUBSCRIBERS. (ai) During the term of this Agreement and for a two year period thereafter, ICP Consultant will not use the AOL Network (including, without limitation, the e-mail network contained therein) to solicit AOL Members on behalf of another Interactive Service. More generally, ICP Consultant will not send unsolicited, commercial e-mail (i.e., "spam") or other online communications through or into AOL's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the AOL Member to whom commercial e-mail or other online communication is being sent has voluntarily either (iA) engaged in a transaction with ICP Consultant or (iiB) provided information to ICP Consultant through a contest, registration, or other communication, which included clear notice to the AOL Member that the information provided could result in commercial e-mail or other online communications being sent to that AOL Member by ICP Consultant or its agents. Any commercial e-mail or other online communications to AOL Members which are otherwise permitted hereunder will (x) include a prominent and easy means to "opt-out" of receiving any future commercial e-mail communications from ICP Consultant and (y) shall also be subject to AOL's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through or into the AOL product or service in question).

Appears in 1 contract

Samples: Confidential Agreement for Consulting Services (America Online Latin America Inc)

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