Common use of Wrongful Acts Clause in Contracts

Wrongful Acts. Overture Results may only be provided to Users as set forth in the Agreement. Without limiting the generality of the foregoing, Gator shall not provide Overture Results to any Users, nor direct Users to any Web page containing Overture Results, by means of any computer or browser functionality or by means of any Web page not specified in this Agreement. Gator shall not allow any of the following to occur: (a) misleading links in which a User is persuaded to perform a search in order to obtain some other benefit, (b) hyper-linked words, unless specifically approved by Overture, (c) searches from or after 404 or other error messages, (d) searches required of the User in order for the User to do another function, such as leaving a Web page or closing a pop-up window, (e) searches performed upon a User hitting the back button or any other element of the browser, (f) searches from Users who were on adults sites, unless such Users actively typed in the URL for the Searchscout Site or are properly using Gator Services while on such sites, all as approved by Overture, (g) searches originating from Web sites containing a top level domain other than “.com”, and (h) the syndication or delivery of Search Box or Overture Results to any site or application or third party not approved in advance in writing by Overture. If Gator violates any provision of this Section and such violation remains uncured for more than two (2) business days after receipt of notice of such violation, then Overture may terminate this Agreement immediately upon notice to Gator.

Appears in 1 contract

Sources: Search Services Agreement (Claria Corp)

Wrongful Acts. Overture Results may only be provided to Users as set forth in the Agreement. Without limiting the generality of the foregoing, Gator shall not provide Overture Results to any Users, nor direct Users to any Web page containing Overture Results, by means of any computer or browser functionality or by means of any Web page not specified in this Agreement. Gator shall not allow any of the following to occur: (a) misleading links in which a User is persuaded to perform a search or visit a Web page in order to obtain some other benefit, (b) hyper-linked words, unless specifically approved by Overture, (c) searches or Behavioral Queries from or after 404 or other error messagesmessages unless otherwise agreed in writing between the parties, (d) searches or Behavioral Queries required of the User in order for the User to do another function, such as leaving a Web page or closing a pop-up window, (e) searches or Behavioral Queries performed upon a User hitting the back button or any other element of the browser, (f) searches or Behavioral Queries from Users who were on adults sites, unless such Users actively typed in the URL for the Searchscout Site or are properly using Gator Services while on such sites, all as approved by Overture, (g) searches or Behavioral Queries originating from Web sites containing a top level domain other than “.com,” “.net,” “.org,” “.gov,” “.tv” or “.biz”, and (h) the syndication or delivery of Search Box or Overture Results to any site or application or third party not approved in advance in writing by Overture, which approval Overture may withhold for any reason, with or without good cause. If Gator violates any provision of this Section and such violation remains uncured for more than two (2) business days after receipt of notice of such violation, then Overture may terminate this Agreement immediately upon notice to Gator.

Appears in 1 contract

Sources: Contextual Search Agreement (Claria Corp)