Incredimail 2008 Annual Report Download - page 100

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- 3 -
PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE
COMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SECURITIES
EXCHANGE ACT OF 1934; [***] DENOTES OMISSIONS.
topography rights; rights in or relating to databases; rights in or relating to confidential information; rights in relation to domain names;
privacy or publicity rights and any other intellectual property rights (registered or unregistered) throughout the world; including all rights
of reversion and rights to any applications and pending registrations and the right to sue for and recover damages for past infringements;
“
Invalidating Act
”
means any of the actions in clauses 5.1(h) and 5.1(i) of this GSA;
“
Launch Date
”
means the date on which Google notifies Customer in accordance with clause 3.5(b) that Customer may put its
implementation of the applicable Services (as approved by Google) into live use;
“
NDA
”
means the non disclosure agreement entered into by the parties the effective date of which is stated on the Order Form(s);
“
Net AdSense for Content Revenues
”
means for any period during the Services Term AFC Revenues for such period minus:
[***]
“
Net AdSense for Search Revenues
”
means for any period during the Services Term AFS Revenues for such period minus:
[***]
“
Net
AdSense Revenues
”
means Net AdSense for Content Revenues and Net AdSense for Search Revenues;
“
Non
-
Qualifying Advertising Results
”
means:
[***]
“
Order Form
”
means a fully executed Google order form which incorporates this GSA;
“
Order Form Effective Date
”
means the effective date of the applicable Order Form as stated on that Order Form or, if no date is stated,
the later of the two signature dates at the foot of that Order Form;
“
Qualifying Ads
”
means Ads (excluding Non-Qualifying Advertising Results) displayed on the AdSense for Content Site or AdSense for
Search Site (as applicable) in accordance with the applicable Agreement(s);
“
Query
”
means a search query entered on the Site or through
[***]
approved by Google for such purpose (if any) by an End User by way
of a search box or other similar means implemented in accordance with the Agreement which is transmitted by Customer to Google in
order to obtain Websearch Results;
“
Request
”
means a request for an AdSense for Content Set generated by an End User accessing a web page on the AdSense for Content
Site on which the Customer has implemented the AdSense for Content Services in accordance with the applicable Google Data Protocol;
“
Services
”
means the AdSense for Search Services, AdSense for Content Services and/or WebSearch Services (as applicable);
“
Services Term
”
means the term stated in clause 2.5;
“
Site
”
means the AdSense for Search Site, AdSense for Content Site and/or WebSearch Site (as applicable);
“
Valid Query
”
means
[***]
“
Valid Request
”
means:
[***]
“
Websearch Results Page
”
means any Site page which contains any WebSearch Result(s);
“
WebSearch Result
”
means a web search result provided by Google to Customer as part of the WebSearch Services in accordance with
the applicable Agreement;