AMENDMENT NO. 7 to Yahoo! Publisher Network Agreement #205132
Exhibit 10.1
AMENDMENT NO. 7
to
THIS AMENDMENT NO. 7 (this “Seventh Amendment”) is entered into as of June 8, 2010 (the
“Seventh Amendment Effective Date”) by and between Yahoo! Inc (“Yahoo!”), as
successor-in-interest to Overture Services, Inc. (“Overture”) and ▇▇▇▇▇.▇▇▇ Corporation,
formerly known as Interchange Corporation, (“Publisher”), and amends the Yahoo! Publisher
Network Agreement #205132 between Overture and Publisher entered into as of October 17,
2005, as amended by Amendment No. 1 dated as of December 8, 2005, Amendment No. 2 dated as of March
31, 2006, Amendment No. 3 dated as of August 1, 2007, Amendment No. 4 dated as of April 16, 2009,
Amendment No. 5 dated as of June 12, 2009, and Amendment No. 6 dated as of November 12, 2009
(collectively, the “Agreement”).
In consideration of the mutual covenants and conditions, the receipt and sufficiency is of which
are hereby acknowledged, Publisher and Yahoo! hereby agree as follows:
1. The Agreement is amended to delete the “End Date” on the first page of the Agreement in its
entirety and to replace it with the following:
| “End Date: June 30, 2010. Thereafter, the Agreement will automatically renew for additional one (1) month periods (each a ‘Renewal Term’) unless either party gives notice of non-renewal at least fifteen (15) days before the expiration of the Term. As used in the Agreement, ‘Term’ means the period between the Start Date and the End Date and each Renewal Term, if any.” |
2. This Seventh Amendment may be executed in one or more counterparts, each of which when
executed shall be deemed to be the original, but all of which taken together shall constitute one
and the same instrument.
3. The Agreement is amended to provide that references in the Agreement to “this Agreement” or
“the Agreement” (including indirect references such as “hereunder”, “hereby”, “herein” and
“hereof”) shall be deemed references to the Agreement as amended hereby. Capitalized terms not
defined herein have the meanings set forth in the Agreement, except as amended by this Seventh
Amendment.
4. Except as amended by this Seventh Amendment, the Agreement will remain in full force and
effect in accordance with its terms. In the event of a conflict between the terms of this Seventh
Amendment and the Agreement, the terms of this Seventh Amendment shall govern.
This Seventh Amendment has been executed by the duly authorized representatives of the parties as
of the Seventh Amendment Effective Date.
| ▇▇▇▇▇.▇▇▇ CORPORATION | YAHOO! INC. | |||||||||
By:
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/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ | By: | /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ | |||||||
Name:
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▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ | Name: | ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ | |||||||
Title:
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President and COO | Title: | VP Business Development | |||||||