Exhibit 10.14
Ariba Supplier Link Program
Memorandum of Understanding
This Memorandum of Understanding ("MOU") is a non-binding document entered into
this date to summarize the understanding of collaboration efforts between Ariba
Technologies, Inc. ("Ariba") a Delaware corporation, headquartered at 0000
Xxxxxxxxxx Xxxxxxx, Xxxxxxxxx XX 00000 and the Ariba Supplier Link (ASL) Partner
("ASL Partner") named below.
Date: 9-22 , 1999
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Ariba Supplier Link (ASL) Partner:
Company name: Mediaplex, Inc.
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Corporate headquarters location: 000 Xxxxxxx Xx. 0xx Xx
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Xxx Xxxxxxxxx, XX 00000
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xxx.xxxxxxxxx.xxx
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WHEREAS, ASL Partner is in the business of selling goods and services, or
providing services or technology for the supply chain, or selling information
about goods and services, to businesses;
WHEREAS, Ariba is a developer and supplier of enterprise application software
for Operating Resource Management;
WHEREAS, Ariba and ASL Partner wish to establish a relationship under which
Ariba and ASL Partner work together to meet the needs of their customers;
NOW THEREFORE, the parties set forth their mutual non-binding intent and
understanding as follows:
I) ASL Partner shall:
A) Support open standards for integration via the internet between the Ariba
Operating Resource Management System (ORMS) and the ASL Partner's system,
where;
1) Customer implementation requirements or ASL Partner interests drive
the integration timing.
2) ASL Partner agrees to provide a technical liaison to facilitate
integration with Ariba.
B) Allow Ariba or the ASL Partner to issue a mutually-acceptable and pre-
approved press release announcing that the ASL Partner has joined the ASL
Program and is, or will
be, capable of working with Ariba ORMS customers. As part of
this obligation, ASL Partner further agrees to:
1) Provide Ariba a quote to be used in said press release; and,
2) Make appropriate executives available to be interviewed by
press and analysts that may wish to further understand the
significance of the announcement.
C) Allow Ariba to promote the ASL Partner to Ariba's customers as
an Ariba ORMS-capable supplier.
D) Allow Ariba to promote the ASL Partner on xxx.xxxxx.xxx.
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E) Solely on its own best business judgement, the ASL Partner
further agrees to participate in public relations, promotions,
and advertising sponsored by Ariba.
II) Ariba shall:
A) Promote the ASL Partner to its customers and prospects through
the following methods, the exact form of which shall be Ariba's
decision alone based solely on Ariba's business judgement;
1) Announce that Ariba and the ASL Partner have entered into
this Ariba Supplier Link program memorandum of understanding
with a press release and press activities.
2) List ASL Partner on its public web site: xxx.xxxxx.xxx.
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3) Provide information on ASL Partner to its world-wide sales
force and implementation partners.
4) Provide ASL Partner the opportunity to exhibit and or
sponsor various Ariba-sponsored customer events including
but not limited to the Ariba Advisory Council and User
Group. There may be a cost associated with some of these
exhibit activities.
5) Include ASL Partner in corporate presentations, literature,
and advertising.
B) Provide technical assistance to the ASL Partner, the extent of
which is up to the sole business judgement of Ariba.
C) Seek the advice of the ASL Partner in its product development
planning efforts.
III) Contact information:
For Ariba: ASL Program Manager
Ariba Technologies, Inc.
0000 Xxxxxxxxxx Xxxxxxx
Xxxxxxxxx, XX 00000
(000) 000-0000
XXX@xxxxx.xxx
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For ASL Partner: Mediaplex, Inc.
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Contact
Xxxxxxx X. Xxxxxx
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Name
000 Xxxxxxx Xx. 0xx Xx
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Address 1
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Address 2
Xxx Xxxxxxxxx, XX 00000
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City, State ZIP
000-000-0000 x 0000
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Phone
XXxxxxx@xxxxxxxxx.xxx
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e-mail
III) Approvals
All materials, whether printed or made available electronically,
that are prepared by either party and in any way mention the Ariba
Supplier Link Program (other than licensed use of the Ariba Supplier
Link Logo) or the other party must be approved by both parties in
writing prior to use.
IV) Term and Termination
A) The term of this MOU is one year from the date noted above
unless terminated by notice.
B) This MOU may be terminated by either party with thirty (30) days
notice to the other party.
C) Any changes to this MOU must be in writing and signed by the
parties.
D) This MOU is not intended to create a legal partnership or suggest
that the parties' activities are directed to that purpose. The
parties agree that any formal legal relationship must be
evidenced by a separate document executed between the corporate
officers of the respective parties.
V) SIGNATURES
Ariba Technologies Inc. ASL Partner:
By: /s/ Xxxxxx X. Xxxxxx By: /s/ X.X. Xxxxxx
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Signature Signature
Xxxxxx X. Xxxxxx X.X. Xxxxxx
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Name (Typed/printed) Name (Typed/printed)
Chief Financial Officer VP Strategic Business Dev.
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Title (Typed) Title (Typed)
10/14/99 9-22-99
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Date Date
