Incredimail 2012 Annual Report Download - page 208

Company shall promptly make such changes to its implementation of Channel IDs as Google may request from time to time.
[***]
Signed by the parties on the dates shown below.
d. Subject to clauses 7(a), 7(b) and 7(c), if Company implements Search History on the Site it shall ensure that no Requests contain
any End User personal data. For the purposes of this clause 4.4 “personal data” means any information relating to an identified or
identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an
identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
e. Company may only put its implementation of Search History into live use once Google’s technical and account management
personnel are satisfied that Company has properly implemented Search History on the Site in accordance with Google’s technical
and branding requirements and otherwise in accordance with the Agreement and Google has approved the Company’s
implementation (such approval not to be unreasonably withheld or delayed).
f. Company will use and assign Client IDs and/or Channel IDs in relation to Search History as instructed by Google at all times, and
will provide such information to Google as Google may reasonably request with respect to the use and application of any such
Client IDs and/or Channel IDs.
g. Google will not have any obligations or liability under clause 12 (Indemnities) of the GSA arising from or in connection with any
Search History. Company shall indemnify Google against all liabilities, costs, expenses, losses and damages suffered or incurred
by Google or any Google Affiliate as a result of any third party claim in connection with, arising from or related to the use of
Search History and/or the implementation of that feature on any Site. In order for the indemnity given in this clause to apply in
relation to a particular claim, Google will: (i) notify the Company in writing of such claim, as soon as reasonably practicable
following Google’s internal investigation of such claim; (ii) provide Company with reasonable information, assistance and co-
operation in defending the claim; and (iii) give Company full control and sole authority over the defence and settlement of such
claim, subject to Google’s approval of any such settlement, which approval will not be unreasonably withheld or delayed. Nothing
in the GSA or any Order Form will exclude or limit Company’s liability under this clause 7(g). Company shall be liable for any act
or omission by any such third party provider which, if had been committed by Company directly, would constitute a breach of this
Agreement by Company.
h. Company shall ensure that the implementation of such functionality is in accordance with the mock ups in Exhibit E and that
Company
“
Search History
”
is clearly labeled with the designation approved, or notified, by Google to Company from time to time.
i. Google may prohibit the sending of Requests by Company using the Search History functionality or may refuse to serve Ads in
response to such Requests, if Google in its sole discretion determines that doing so is detrimental to Google and/or Google’s
advertiser(s).
8. Channel IDs
9. Company’s implementation of the Services
Google Company
By: /s/ Ailis Daly for Graham Law (Board Director) By: /s/ Josef Mandelbaum, Yacov Kaufman
Print name: Ailis Daly for Graham Law (Board Director) Print name: Josef Mandelbaum, Yacov Kaufman
Title: Director Title: CEO, CFO
Date: April 23, 2013 Date: April 23, 2013
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