Incredimail 2009 Annual Report Download - page 122

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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.
4 Approved Site Tests
(c) reject the proposed test.
5 Further changes to the User Interface of the Sites.
4.1
Customer may request approval in writing to run tests on the Sites, by providing a proposed user interface and any other details
reasonably requested by Google, including such details as may be required to define the rationale, scope, commencement date,
duration and expected impact of the test(s). Google may, in its sole discretion by written notice (which may be by email):
(a) approve the proposed test subject to any conditions that Google may specify, including, but not limited to, duration of
the test and number of End Users affected ("
Approved Tests
"); or
(b) require Customer to make changes to the proposed test, which Customer shall confirm through the resubmission of
the test approval request; or
4.2
Customer shall not launch any tests on the Sites that are not Approved Tests. Prior to launching an Approved Test, Customer
shall send Google the test URL for such Approved Test and Customer shall implement any changes as may be requested by
Google. Google shall then notify Customer whether such URL is approved to launch the applicable Approved Test. Customer
may not make any changes to an Approved Test following launch of the applicable Approved Test in accordance with this
clause 4.2 without Google
’
s written consent (which may be by email).
4.3
All Approved Tests must be on Sites technically and editorially controlled by Customer at all times during the Term.
4.4
Customer will immediately notify Google of any complaints from End Users relating to the Approved Tests.
4.5
[***]
4.6 Customer shall provide any information that may be requested by Google relating to the results of the Approved Tests for the
purposes of determining whether to grant consent to changes to the user interface in accordance with clause 5 of this Order
Form.
5.1 In the event that Customer wishes to make any material changes to the user interface for the implementation of the Services on
the Sites it will:
(a)
notify Google of this (in writing or by email sent to the Google Account Manager) and submit a proposed new mock
-
up and any other relevant details of the proposed changes for approval by Google; and
(b)
not implement the proposed changes until Google has provided email confirmation of its approval of such changed
user interface (such approval to be at Google's absolute discretion, subject to clause 3.3(b)(vi) of the GSA).
5.2
All proposed changes to the user interface for the implementation of any of the Services must comply with Google
’
s standard
technical requirements and specifications and with Google’s then current brand treatment guidelines in effect for such
Services, which are located at http://www.google.com/wssynd/02brand.htmlhttp://www.google.com/wssynd/02brand.html, or
such other URL as may be notified to Customer by Google from time to time.