Incredimail 2014 Annual Report Download - page 134

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“ Default Search Homepage ” means, at Company’
s option, webpages hosted and controlled by Company or a Company Partner
including a search box, or the Bing Site homepage (in which event, Microsoft will recognize and track traffic from Company and each Company
Partner for purposes of accounting for Gross Revenue), with such webpages offered to end-
users to be the default homepage (which may include
being the default homepage in a new browser tab) for such end-users within their browser(s) on the end-users’
device, or may be other such
websites with a search box, so long in all instances as the primary purpose of the website is a general internet search page. Upon a User
conducting a search, the Default Search Homepages will Redirect to the Bing Search Service, or may be set to the Bing Site, during the Term.
Exhibit 4
illustrates, without limitation, examples of how the Default Search Homepages will appear during the Term, unless mutually agreed
otherwise by the Parties.
“Execution Date”
means the date this Agreement is executed by Company as indicated in the signature block on the first page of this
Agreement.
“Follow-on Searches” means any search conducted by a User following an Initial Search to the extent that Microsoft’
s Tracking Codes
or other mechanism used by Microsoft allow Microsoft to account for follow-
on searches. Microsoft will ensure that Tracking Codes or such
other mechanisms are used for at least the first search following an Initial Search (and will use commercially reasonable efforts to cause such
Tracking Codes to persist or other mechanisms to track subsequent searches). Each display of a page containing Paid Listings in response to a
Follow-on Search is an mSRPV.
“Gross Revenue”
means the amounts earned by Microsoft during the Term and Tail Period that are generated in connection with this
Agreement from Paid Listings displayed to a User as a direct result of an Included Search, and recognized by Microsoft in accordance with
GAAP. The calculation of Gross Revenue is subject to Section 4.6.4 (Unauthorized or Fraudulent Revenue).
“Guidelines” means the Microsoft Editorial Guidelines and Traffic Quality Requirements.
“Included Searches”
means any internet search query generated by a User directly from any of the Search Access Points (in all cases,
that includes the Tracking Codes) (an “ Initial Search ”), and Follow-on Searches, so long as the query is able to be tracked.
“Microsoft Brand Features”
means all trademarks, service marks, logos and other distinctive brand features of Microsoft that are used
in or relate to its business and are listed in Exhibit 1 , as such Exhibit may be updated by Microsoft from time-to-time.
“Microsoft Editorial Guidelines” means the editorial guidelines as specified in Exhibit 1 .
“Microsoft Trademark Usage Guidelines” means the trademark usage guidelines as specified in Exhibit 1 .
“Microsoft User Data” means User Data collected by Microsoft.
“mSRPV” means a page containing ads displayed to a User in response to Included Searches (a monetizable search result page view).
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