Incredimail 2014 Annual Report Download - page 133

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SECTION 1: PURPOSE.
This Agreement sets forth the terms under which Company may distribute Microsoft’s Bing Search Services.
SECTION 2: DEFINITIONS. In addition to terms defined elsewhere in this Agreement, and whether used in the singular or the plural,
the following terms will have the following meanings.
“Affiliate” means any entity that, on or after the Effective Date, directly or indirectly, is controlled by a Party, where “control”
means
the ownership of, or the power to vote, at least fifty percent (50%) of the voting stock, shares or other equity interests of the entity, or the
effective ability to control the management and direction of the entity.
“Bing Search Service”
means the standalone internet search service that indexes and searches the world wide web and other data
sources that Microsoft may at its discretion choose to index as part of its online search service as it exists as of the Effective Date, including all
improvements thereto and any successor or substitute services that are used on the Bing Site.
“ Bing Site”
means www.bing.com or the localized equivalent (e.g., bing.co.uk or bing.fr) and all subdomains and any successor sites
that replace such sites and subdomains.
“Company Brand Features”
means all trademarks, service marks, logos and other distinctive brand features of Company that are used
in or relate to its business and are listed on Exhibit 2 , as such Exhibit may be updated by Company from time-to-time.
“Company Network” means Company, Company’s Affiliates and Company Partners.
“ Company Partner ”
means a publisher, distribution partner or distribution channel with whom Company has contracted to offer
search services and that have been approved by Microsoft pursuant to the terms of this Agreement.
“Company Toolbars” means an add-
on client software application developed, owned by and/or licensed to Company and distributed
by Company under this Agreement for use by end-
users with internet browser technology that provides a navigation bar on the browser general
user interface containing internet search functionality, and links to various internet sites and services specified by Company. During the Term of
this Agreement, such Company Toolbars distributed under this Agreement may be set with the Bing Search Service as the default internet search
provider from all Search Access Points within the Company Toolbars, and in order for Company to be paid under this Agreement, will include
Tracking Codes or other tracking codes within such Search Access Points (in addition to setting the Bing Search Service as the default internet
search). Exhibit 4 illustrates how the Company Toolbars will appear during the Term, unless mutually agreed otherwise by the Parties.
“Company User Data” means User Data collected by Company.
“ Default Browser Search ” means Users setting Company as the default internet search provider in a User’
s web browser and set as
default search in the User’s browser and actually Redirects to the Bing Search Service upon a query from the default search box or address bar.
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