Tuesday, December 16, 2008

Google Chrome is Alive

Google Chrome is Alive and breathing since they took the wraps off on December 12, 2008. But don't think for one moment that Google is done with this browser. Far from it indeed. New features will include portability, scale-ability, view-ability and usability improvements.

I suspect that Google will breath more life into Chrome with each new enhancement.

Currently the 2 tools I like the best are:
1. Incognito - private no footprint web browsing
2. Web developer tools to see source code including:
- Task Manager - Shows Memory Use, Title and Stats for Nerds
- Javascript Script and Debugging Tools
- Improved View Source Code Tool

For more info on Google Chrome: http://tools.google.com/chrome/intl/en-US/features.html

But how do people like Google Chrome?

Alex Solis said, "I've only seen a few problems with the Google Chrome that have bugged me such as:When displaying forum avatar gif's it seems to almost lag and move alot slower then when viewed with Firefox or IE. The scrolling seems a bit off in the browser, hard to describe but it seems to move much faster then with Firefox, which has been bugging me when browsing. When listening to PANDORA, skipping songs causes the window to lag and delays the song from playing by 20-30 seconds. Possibly flash compatability issues?"

Personally, I like Google Chrome but it doesn't work with all my applications. So I use IE and Firefox. I need all three to test new content pages anyway. Also I believe that Google Chrome is very fast. Much faster than IE and faster on some pages than Firefox.

Wednesday, December 10, 2008

sarah palin, obama US Top 2008 Image Search

Source: Google Zeitgeist US

Google Image Search -
Fastest Rising (U.S.)
sarah palin
obama
twilight
miley cyrus
joker

In compiling the 2008 Year-End Zeitgeist, the Google search team studied the aggregation of billions and billions (Carl Saganesq) of search queries people typed in to the Google search box.

Except where noted, all of these search terms are most popular for 2008.

All of the search queries Google studied were anonymous — no personal information was used.

Monday, December 08, 2008

Google Ad Counts up a whopping 55% for Q4

Interesting information from AdGooroo.com on Google:

1. The increase of 55% in Google advertisers is the most significant increase seen in two years.
2. Google has managed to increase ad coverage to about where it was in January, 2008.
3. Q408 will likely end up as the strongest quarter on record for Google.
4. Google's November 2008 Advertisers share is 81.9% (highest all year)
5. Number of Ads per Keyword shot up to 4.38 in November and for the first time all year exceeded MSM. (US and International)
6. Top 3 advertisers for Google are Amazon, eBay and Target.

Full PDF Report:
Mid-Quarter Search Engine Update - Q408

Friday, December 05, 2008

Retweet from the Twitterhandbook.com

  Photo: Warren Whitlock,Co-Author


Here is a retweet from today's Twitter Handbook Blog

How good people make BIG things happen - FAST!
Plan Your Tweets and Blog Post With This Social Media Tool - 2008-11-29 14:55:53-05What if there were a way to plan your blogging and twitter post while planning your other marketing activities? We’ve talked about TweetLater and how a good balance of live, real time tweets mixed with some scheduled tweets about your current promotion can save you time and get results. Now you can co-ordinate these tweets with blog [...]

Seth Godin On Social Networking And Small Business - 2008-12-01 16:37:33-05We been having a discussion on Twitter today about how one determines to follow or unfollow tweeps. My quick answer is always “no rules”.. Follow whoever you want, and don’t feel that you are required to follow anyone. That being said. You will get more followers and keep them if you follow back. But are numbers enough? Here’s [...]

Is Twitter All Just Fun and Games? - 2008-12-04 10:16:37-05I was thinking about the world social and especially what it means in social media.. preparing for my presentation at Increasing Sales With Social Media coming up tomorrow in San Diego. (you can still get your ticket here, or listen to just my segment live at Friday at 9am Pacific on TwitCastRadio). Is this play or [...]

More info: RPM Success Group Inc., 4535 W. Sahara Ave, Suite 200, Las Vegas , NV 89102, USA

Monday, November 24, 2008

Google Releases SearchWiki

Last week Google released a new feature that allows you to customize your search results. The new tool called Search Wiki Allows you to promote, remove, or comment a search result.

These new features allow you to re-rank your search results according to how you see fit. By hitting the promote button on a search result that sites will now be featured at the top of the search results whenever you type in that particular search result. You can also remove particular search results all together from the list so that next time you search the same keywords that result will not pop up.

There is also a comment feature that allows you to make quick notes about a result so that next time you search the same keywords you can see what you had to say about each of the sites.

SearchWiki is only available when you are signed in on your gmail account. So if you would like to remove search wiki you are going to have to sign out of your gmail account. Google has also posted a video explaining Search Wiki in further detail.



Tuesday, November 18, 2008

The Future of SEO is in Personalization

At the Nov 11-14 PubCon, one of the most discussed topics involved search engines and SEO. One discussion in particular has caused an uproar in the SEO community and it was delivered by Bruce Clay at a session entitled "Top-Shelf Organic SEO". In this discussion Bruce cited the death of page rank as we know it and instead says the future of SEO is in personalization.

The entire concept behind personalization is that everybody who enters a search will end up with entirely different results based on past search history. Take for example the search for the word "java" which Bruce used as an example. The word "java" could have several different connotations from someone looking for a coffee beverage to others interested in programming. In practice it is believed that Google will know which search result is desired based on past personal searches.

In addition to behavior based search results, which will work off of past searches utilizing third party cookies, search engines will also be utilizing intent-based searches by analyzing your IP and revising your search results based on location. If they know where you are located search engines will be able to make assumptions about the intent of your search.

In the words of Bruce Clay, "Ranking is dead". In the very near future we will be seeing more implementation of the intent based searches from search engines, which will lead to the mindset of "ranking is dead". This will cause a shift shift towards SEOs monitoring overall sight traffic instead of page rank as an indicator of success. Bruce suggests that SEOs will have to go back and look at analytics for overall traffic, bounce rates, and site action in order to analyze results.

Friday, October 24, 2008

What do you think of Google Chrome


Well now that is has been almost two months since Google Chrome has came out I think we can all say it did not sweep the nation by storm like many of us thought. Google has not seemed to be able to apply their monopoly of the search engine world over to the browser world.

Google Chrome included a faster browsing experience, a whole new java script engine, each tab has its own process, a new simpler browser look, and the browser would be open-source for anyone to look at. The problem is they changed everything I would say too much. What they forgot is the fact that most people have their browsers set-up the way they want them to be. For instance when I use my firefox browser I have about 5 different ad-ons that I cannot go without. The fact is the majority of people are not capable of downloading google chrome and abandoning their old browser just to see a subtle performance gain.

The vast majority of people first tried Google Chrome, but after a week or so decided they liked their old browser better, including I. When I first tried Google Chrome I really liked the new look and the fast web browsing. It all sounded great at first, but then everything would just seem to crash on any pages with videos. So I had to switch back to my old browser. I have not tried to fix the problem because well I am satisfied with my Firefox browser and I am not going to take time to try and fix my broken Chrome browser when I am already very content on Firefox. I feel many people ran into the same thing. Once they ran into the slightest problem they just went straight back to their old browser. As you can see though my opinion is very biased since my browser does not function properly. In fact a fellow employee at work uses chrome and he loves it saying its just simple and fast. The fact is Chrome is faster and simpler, but that is pretty much all it has to offer so far in the already dominant field of IE and Firefox browsers. It will satisfy a small niche of the web community. Pretty much everybody will have their own experience with Google Chrome. I recommend that you just try it yourself since it only takes about a couple minutes to install and seeing how you like it.

To learn more about Google Chrome make sure to read their quirky comic they made explaining the advantages of Google Chrome.

Thursday, October 09, 2008

Eric Schmidt: Internet Cesspool

The internet is a cespool of false information said Eric Schmidt.

"The company's algorithms are trying to find the most relevant search results." But he adminted, that is not always happening. Instead there are companies out there trying to 'game' the system resulting in high ranking false and misleading information.

The best way to overcome this is to have the most relevant information appear at the top of the search results.

Tuesday, September 30, 2008

Google Page Rank Update

On September 27th Google has once again done another page rank update. It has only been 2 months since the last page rank update. In this update it seems that Google has been awarding newer blogs with page ranks boost of around 2-3 and is major websites that have been around a while with a page rank drop of around 1. It has also been reported that backlinks to your website are being updated more frequently than before. The Google pagerank update seems to be bringing more anger than joy across the internet with long established companies mysteriously being hit with a pagerank drop even though the have been working on increasing their pagerank status for a long time now. Google seems to be leaning toward newer pages and domains being formed over just updating older pages with this update. Most of our websites have suffered about a loss of 1 pagerank on the main domains, but have gained in the blogs and many of the newer webpages. If you lost or gained pagerank from the update do not think to much of it because Google reports that pagerank is just one of many items that go into their algorithm for their search engine.

Friday, August 29, 2008

Xponex Team Requested to Help with Plasmas and Projectors

In our most recent project, we have been requested by Rentacomputer.com to improve upon the Google organic search terms for "Plasma Rentals" and "Projector Rentals". If you enter these terms in Google, you will find that the Rentacomputer plasma page has secured the #1 spot, and the Rentacomputer projector page slightly lagging behind and bringing up the #8 spot.

In order to improve upon the "Projector Rentals" search term, and also ensure "Plasma Rentals" stays number one, we plan to SEO these pages with the intention of making them grow and increasing their page rank. To do this we hope to create new on-domain content, relevant to Plasmas and Projectors, with the intention of these new pages one day receiving page rank and passing them on to our target pages.

In order to ensure these new pages will one day generate page rank, we will write useful, relevant, and on topic articles that many people will enjoy reading and at the same time educate them about the subject. By creating relevant articles that people will find in Google, we will be generating traffic to these new pages and showing Google that these articles are useful. We plan to speed up this process by using social marketing techniques to get these new articles exposure and traffic, and hopefully sustaining this new flow of traffic by creating dynamic content which new viewers will find helpful to read.

One thing to note about SEO work is that results are never immediate. It will take several months to even begin to see whether or not our endeavors are bearing fruit, and to show us which techniques are working and which ones are going nowhere.

Monday, August 18, 2008

Bullet Security Cameras

Just a quick note to let you know we started a new blog the other day. A blog just about bullet cameras for our customer over at camerasecuritynow.com.

Camerasecuritynow.com sells more than just bullet cameras, but they thought to try something different and make a blog specifically for the popular little CCTV Bullet Camera.

They tell us bullet camera's are the personal favorite of may of their csutomer so I could see why they would want to make a blog dedicated to the bullet cameras.

If you did not know a bullet camera is unique in the security camera market because it seems to offer everything you would ever want in a security camera. It is small, light, discrete, inexpensive, and very easy to maintain set-up and install.

Check out the Bullet Camera blog today if you want to learn a little more about these wonderful security cameras.

Friday, August 08, 2008

Google vs. McDonald's – The Speed Test

As I imagined, Google has been compared to and measured against almost everything. From IBM to Santa Clause, for example you can find about 18,000 comparisons in seconds with a simple Google search. My favorite so far is that “Google is like your Ex (wife) – Cute, but Insane.”

But today I have the opportunity to compare, or more to the point measure, Google vs McDonald's.

This story starts with the typical Friday rush to get things done, get to lunch, get back, get some more work done, and then get the heck out of the office. So at approx. 1:15 I finished a new blog post on my Words of Freedom blog and quickly hit the submit button. Then, you guessed it, headed for McDonald's.

McDonald's is no more than 5 minutes away, but it’s still basically lunch time and the drive through is pretty busy, so it was not just a drive up and order sort of thing. But soon enough it’s my turn at the giant order board and I place my order for a BBQ snack wrap (a chicken tender in a tortilla shell) and a small fry. Artery clogging fat and cholesterol in hand I drive right back to the office. By now 19minutes have gone by as I sit back down at my desk.

Being addicted to Google more so than my snack wrap I instinctively go to Google and search on the title of my latest blog post, the post I made second before going to lunch. Which I think was something like “Richard M. Nixon on perseverance”. Ok, that’s a pretty specific search term and it looks like I may have been the first to have ever strung those five words together in the history of the internet. But that’s not the point. The point is that Google had already found my post, and at the bottom of the Google search result it said “13 minutes ago”

So with my trip taking 19 minutes and Google indexing my post 13 minutes before I got back that means it took Google only 6 minutes to find my post out of the entire internet and serve it up in a search result. Comparing that with my visit to the drive through, and excluding drive time, I see it took McDonald's 9 minutes to fill my order of a BBQ snack wrap and a fry.

By this simple experiment I believe I am not only the first to ever write “Richard M. Nixon on perseverance “ but that I am also the first to have proven beyond a shadow of a doubt that Google is faster than McDonald's. So it is a good Friday indeed.

One last thing: When I finally took a bite of my snack wrap, I quickly discovered that McDonald's had botched my order and gven me Ranch instead of BBQ.

Tuesday, August 05, 2008

Wecome Tara to the Xponex Team

We would like to welcome our newest employee, Tara Kunkle, to the Xponex Web and Media team. Tara has recently graduated from the Miami Valley Career Technology Center in Clayton, Ohio, and has experience with video editing and recording, website design, and photoshop. Currently Tara specializes in Social Marketing and Search Engine Optimization and has helped our team to stay focused with the projects at hand as well as complete others with surprising speed.

Apart from blogging and and working on our latest web project, Tara is also a resident of Preble Country and a full time student. She is currently attending Sinclair Community College where she aims to major in Visual Communications in order to improve and expand upon her skills from Miami Valley. She also coaches a little league soccer team in her spare time, and has become very involved with the community.

With the skills and experience Tara has brought to table, she has made a fine addition to the Xponex Team and we expect great things from her, and the future to come.

Tuesday, July 22, 2008

Photo Storage Sites are Collecting History

Popular image storage sites such as Flickr and Photobucket are beginning to see their services used by web communities,organizations and individuals to collect a history of events in a digital format. Many users are finding it easier and easier to upload their photos online for safe keeping and many find it much more efficient and cost effective than having the photos developed and storing them in the closet for later viewing.

These online hosting sites also offer a number of unique features which make it that much more convenient to host photos online for history keeping purposes. Users can create as many photo albums as they wish and upload as many pictures as they want to each photo album. The popular trend to keeping track of history is to name the album something significant with a date on it, and upload all related photos to the event. There is also the ability to comment on the photos and users can type the exact description of what is happening in this picture and history is beginning to be kept in this similar fashion.

Another interesting aspect of these online photo storage sites is the ability of user profiles as well as pictures to gain page rank. Flickr has enabled users to create a social network around their profiles and pictures and create something positive out of it.

As the digital age continues to advance and high grade technology becomes more easily accessible to people of all ages, we expect to see similar trends throughout the years as these.

Thursday, July 03, 2008

A.P takes on Bloggers

The American Press has recently been attacking bloggers for quoting there stories. Apparantly A.P. finds bloggers sending traffic their way a bad thing.

A.P. vice president Jim Kennedy says they will issue guidelines telling bloggers what is acceptable and what isn’t, over and above what the law says is acceptable. They will “attempt to define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt without infringing on The A.P.’s copyright.

Bloggers that break these guidelines will risk the chance of being sued or fined by the A.P. On A.P.’s website it says that if you quote just 5 words you will be fined $12.50.

TechCrunch said “They are trying to claw their way to a set of property rights that don’t exist today and that they are not legally entitled to.” So what exactly does this mean for bloggers out their like me. Well basically plain and simple A.P does not want you quoting anything about their stories, at all. If you are seen quoting their stories they will send you a take down notice and issue a fine or even try to sue you.

Apparently A.P does not understand how the internet works and it looks like they pretty much just killed their own website if they actually try and enforce this new law they made up.

Friday, June 27, 2008

Lebanon Bike Path Rules


Lebanon, Ohio Bike path was very challenging due to hills and traffic. But it was fun never the less.

For more info on Bike Paths in Ohio"
Posted by Picasa

This was the first image I blogged using Google Picasa.

Thursday, June 26, 2008

Surprising Data From Internet Research

Being a good SEO sometimes means you have to present the raw data of your research to your client, even when that data is apparently utterly ridiculous. One such recent situation has come up while researching the Google search term “Computer Service”. Our research tools report that the number 2 and 3 most popular regions for this search are Louisiana and Iowa. Now this of course this matches no practical experience the customer has seen in real life.

Though ranking in the top 5 for both the search terms “Iowa Computer Service” and “Louisiana Computer Service”, the customers own internal data shows little traffic derived from such general terms.

The real life experience the customer reports more closely matches the data we see for the individual cities where the search term most often originates from.

This then begs the question do you ignore valid generalized marketing data that you cannot verify in the real world or do you trust your source and devote some resources to the market in hopes of capturing some potential revenue that is of yet unrealized?

In this case we will urge the customer to approach and answer this question from several angels. First we recommend that they increase their efforts to build links and traffic to the landing page for the generalized search for Iowa and Louisiana, at the same time we believe that within that general area, that specific pages targeting the product within the city should be developed or strengthened.

Also, it goes without saying that main focus of this effort should be spent on the specific cities that turn up as the most common originating location for the search term. Which luckily as we mentioned earlier were the more common large cities that already derive a good deal of traffic from search terms such as “San Antonio Computer Service”, “Austin Computer Service” or “Dallas Computer Service”. Ok three of the top 5 cities are in Texas but that we can believe.

Wednesday, June 25, 2008

Barracuda Spam Firewalls

Spam Firewall
In 2007 spam email accounted for 90 - 95 percent of total e-mail sent across the web and into users Inboxes. As time has gone by, spam attackers have changed and updated their methods to bypass conventional spam detection securities. These evolving spam techniques have been seen in the form of PDF and zip files, Images, URL spam, automated spam variants, and spoofing.

One of the most effective ways to counteract these constantly evolving spammers and their attacks is to integrate your protection system with the Barracuda Spam Firewall. This firewall is an integrated hardware and software solution developed for the complete protection of your e-mail. This firewall constantly changes and updates to keep up with the current trends in spam attacks by automatically downloading and updating virus and spam definitions hourly. Since the Barracuda Spam Firewall is a 3rd party hardware and software solution there is no need to change existing e-mail and server configurations and the firewall integrates smoothly with all current spam protection methods.

Whether you work from home, are part of a small or medium business, or large corporation, there is no doubt that you will immediately see the benefits of the Barracuda Spam Firewall. These firewalls can come equipped for as little as 1-10 e-mail accounts or as many as 30,000 and can be bundled for even greater capacity and a single barracuda can be used for the protection of multiple mail servers and domains. Protect not only yourself and your employees but also your clients and customers as well with this must have spam protection method.

Also see the Barracuda E-mail Message Archiver to compile and archive all ingoing and outgoing e-mail to protect the integrity of your business.

Thursday, June 19, 2008

Securing Your Website

Secure your website
Its always important to keep your site secure from any type of attack on your website. There are several different methods of hacking into someones website so its important that any programming that is done on your website, is protective and secure. A hacker will try to discover any exploits in the system and obtain unauthorized access to the system through their knowledge of programming.

Take for instance the new Mass-SQL attack thats become and epidemic for many websites. It hit several of our domains and has caused a lot of problems for us. One site, SBMnow.com, happened to be indexed by Google after it had been hacked. So now Google says "This site may harm your computer" for our site, which is devastating to the traffic that SMBnow was seeing. Although we know the site is safe, Google sees it as harmful.

So when it comes to having programming done on your website, make sure that it is secure to avoid things like what happened to SMBnow.

Monday, June 09, 2008

Website of Convention Vendors

Convention VendorsThe convention and trade show business has many closely related, or coattail, industries. The most obvious of these is the hospitality industry with their often expensive, but conveniently located rooms actually connected to some of the countries larger convention centers. Also somewhat dependant on a successful convention center is a cities transportation sector, with many a taxi-cab driver relying on the influx of visitors to a down town for their livelihood. Also closely connected is the short term equipment rental industry, which as would imagine is just a fancy phrase for event rentals.

Recently with the increase in travel costs the convention industry has been holding its breath and hoping that attendance numbers don’t take to hard of a hit. However there is another school of thought that says higher travel costs are leading some to look even closer at the conventions and shows offered right in their own metropolitan areas.

To help educate the convention going public and to facilitate the entire convention exhibitor and convention vendor experience, which is all the more critical in light of the ever increasing travel costs, the folks at ConventioVendor.com have committed to making their site a one stop information source, with a commitment to add one new convention venue per month. In time the site will host hundreds of articles and reviews of the nation’s largest convention venues as well as information provided by local convention vendors. Hopefully, through the web, a more effective method of matching the needs of the convention going public to local convention vendors, the industry as a whole will be better able to withstand the ups and downs of today’s economy.

Wednesday, June 04, 2008

City Laptop Rentals

NewYork City Laptop Rental
This week at Xponex we have been working on RentOurLaptops.com. Rentourlaptops has seen a great increase lately in the number of laptop rentals. A laptop rental is great for a business trip that will only take a month or so and you do not feel like buying a laptop because of the price. We at xponex have been making a website for each of the 50 major cities within the U.S. This pages just give you some basic information on the city and help you schedule your laptop rental in the city. Go check out the pages if you are interested in a laptop rental for a business trip to a city or if you just need one for any occasion.

Saturday, May 31, 2008

Yahoo Terms and Conditions, Easy or Hard, U Decide

Ok, Xponex is a regular advertiser with Yahoo. I'm not sure if Yahoo hasn't figured out another way to make money off existing accounts. It' like being held up. Check out the new terms.

Today, Yahoo Term arrived. According to the email, " Terms and Conditions and Program Terms have been modified to reflect recent enhancements to our products and services.Please review the new version via the link below, as your continueduse of Yahoo advertising products after June 13, 2008 constitutesacceptance of the modified Terms and Conditions and Program Terms.

http://ysm.yahoo-email.com/a/hBIQJUdAdp9-oB7RJ3RAnohpD3I/ysm2"

I have 2 weeks to figure out what the below terms means. If anyone can help me understand if this is a good deal or not, please post a comment.

I am posting them not so I can go back and read these terms. Just cut and paste into notepad so you can read them too.

Master Terms and Conditions and Program Terms
Master Terms and Conditions INTRODUCTION AND DEFINITIONS. We provide you and, if applicable, Authorized Users, access to our products, services, code, and/or programs (each a “Program”) for your use, subject to your acceptance of and compliance with these Master Terms and Conditions (the “Master Terms and Conditions”), the terms and conditions, if any, of the Programs in which you enroll (each “Program Terms”), and the terms and conditions of any applicable insertion order(s) that you or your Affiliate(s) enter into that specifically references these Master Terms and Conditions and/or applicable Program Terms (each an “Insertion Order”) (collectively, the “Agreement”). In the Agreement, (i) “we,” “us,” and “our” mean Yahoo Inc. (“Yahoo”), except as set forth in Section 12, below, (ii) a “Yahoo Company” means Yahoo, Overture Services, Inc. (“Overture” or “Yahoo Search Marketing”), Overture Search Services (Ireland) Limited (“OSSIL”), or another Affiliate of Yahoo or Overture, (iii) “Yahoo Entities” are the Yahoo! Companies and their officers, directors, consultants, contractors, agents, attorneys, employees, third-party service providers, and third parties distributing your ads via the Distribution Network, (iv) “Yahoo! Company Websites” means all the website pages, including any Microsite, that are owned, operated, authorized, or hosted by or for the Yahoo! Companies, (v) “Yahoo! Code” is proprietary software code and related tools that we may offer to you in connection with a Program, and which are part of such Program, (vi) “Distribution Network” means the network of advertising channels, including all forms of media, applications, and devices, through which we distribute ads, whether on or off the Yahoo! Company Websites, (vii) “you” and “your” mean the entity electronically accepting the Agreement, or the company named in an Insertion Order, and any of its Affiliates that execute an Insertion Order for any Program, (viii) “Affiliate” means, with respect to an entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with such entity, (ix) “Authorized Users” means your agents, representatives, contractors, and any person or entity acting or apparently acting on your behalf, and your Affiliates that access a Program without executing their own separate Insertion Order, and (x) “PII” means personally identifiable information. Terms used but not defined herein have the meanings given to such terms in any Program Terms or Insertion Order, as applicable. Terms used in any Program Terms or Insertion Order, but not defined therein, have the meanings given to such terms in these Master Terms and Conditions. All definitions apply both to their singular and plural forms, as the context may require. CHARGES, FEES, AND PAYMENT. For any Program in which you enroll, you will pay us for all charges and fees you incur in connection with each Program in the currency indicated by us. Our measurements are the definitive measurements under the Agreement and will be used to calculate your charges. We will either bill your Payment Method for all such charges and fees in connection with each Program, or, if we have determined that you may be billed on an invoice basis, we will submit an invoice to you at the e-mail or mailing address (at our discretion) on the Insertion Order or as required by applicable law, and you will pay such charges in full within 30 days of the invoice date. If we agree to your request to send an invoice to a third party on your behalf, such third party will timely pay the invoice, and if such party does not pay the invoice, you will immediately pay all such amounts. If you enroll in a Payment Plan, you will be bound by the Payment Method & Payment Plan Program Terms, below, which may be modified by us from time to time. If we are unable to receive payment from your Payment Method successfully, or if we do not otherwise receive timely payment, you will pay all amounts then owing by you to us upon our demand and, in addition to other rights, we may terminate any agreement with you. All payments of service fees, unused promotional credits, and initial deposit(s) are non-refundable and our property. Any disputes about charges to your account(s) must be submitted to us in writing within 60 days of the date you incurred such charge, otherwise you waive such dispute and such charge will be final and not subject to challenge. If you fail to make payment as set forth herein, you will pay a late fee equal to 1% monthly (or the highest amount allowed by law if less than 1% monthly) of all past due charges, and all reasonable expenses (including attorneys’ fees) incurred by us in collecting such charges. Charges and fees do not include any applicable sales, use, value-added, withholding, excise, or any other taxes or government charges, which are payable by you and are in addition to any amounts due to us hereunder. Accounts with no activity for more than 24 months will be closed by us and will be assessed an account closing fee not to exceed the lesser of U.S. $25 (or its equivalent) or the balance in the account. If a balance remains (other than unused promotional credits and initial deposits), we will attempt to refund any portion of such balance that may be owed to you. If we are unable to refund any such balance using your contact information on file with us, we will dispose of the balance pursuant to the Agreement and our policies and procedures. ACCESS. You will not: (i) use any automated means, including agents, robots, scripts, or spiders to access, monitor, scrape, or manage your account(s) with us, or to access, monitor, scrape or copy the Yahoo! Company Websites or Yahoo! Company systems or any data therein, except those automated means expressly made available by us or authorized by us in advance in writing (e.g., third-party tools approved by us), (ii) bypass any robot exclusion headers on the Yahoo! Company Websites (including using any device, software, or routine to accomplish that goal), (iii) interfere or attempt to interfere with the proper working of the Yahoo! Company Websites, Programs, or Yahoo! Company systems, (iv) use or combine our Programs with software offered under an open source license which create any obligations with respect to our Programs contrary to the Agreement, or grant to any third party any rights to, or immunities under, our intellectual property or proprietary rights in our Programs, or (v) make available to us or our Affiliates any PII of visitors, users, or customers of your website(s) in connection with your access or use of our Program(s). Our Programs, including your password(s) related to your account(s), may not be used by, or made available to, any third party, except Authorized Users. You will promptly notify us in writing if you become aware of a potential breach of security relating to your account(s) with us (e.g., the unauthorized disclosure or use of your username or password). Authorized Users must comply with the Agreement and you are liable for their acts and omissions in connection with the Agreement, and any charges, costs, fees, or expenses they may accrue. You may use data made available to you in connection with a Program solely for internal use to manage your advertising account(s) with us and you will neither publish such data nor create profiles of our users. In order to improve our Programs, we frequently test traffic, implementations, and/or features, and you will pay for all charges as set forth in the applicable Insertion Order or your online account (e.g., impressions, clicks) during those tests. We may redesign or modify the organization, specifications, structure, and/or appearance of any location where your ads may be displayed. Further, we reserve the right to modify or discontinue offering any Program or part thereof. Your Information, Promotions (if applicable), and ads must comply with our policies and specifications, which we may change from time to time. The Yahoo! Companies may provide free clicks, free impressions, ads, credits, and/or discounts, including in connection with contests, incentives, promotions, or donations. YOUR SITE AND INFORMATION. We are not responsible for any aspect of your or any third-party website(s). You represent, warrant, and covenant that: (i) all information you provide or use (including our suggestions) in connection with the Agreement and/or on your website, including all creative, titles, descriptions, trademarks, listings, abstracts, keywords, ad target options, domain names, content of ads, data, data feeds, Selected Ad Groups, Content, and URLs (each of the foregoing, individually and collectively, “Information”) is, and will be updated to remain, current and accurate, (ii) the website to which any ad links will look substantially the same to all end users regardless of the end users’ location, (iii) your website does not contain any content owned or licensed by us, including any ads published by us or through the Distribution Network, except pursuant to a separate signed agreement with us, and (iv) your Information is either original to you or you have secured all necessary rights and licenses for its use as contemplated by the Agreement, and you are responsible for all royalties, payments, and fees with respect thereto (e.g., performing rights society fees). USE OF INFORMATION. In order to participate in any Program, you grant the Yahoo! Entities a non-exclusive, royalty-free, worldwide license in connection with all Programs to: (i) use, copy, adapt, reformat, recompile, communicate by telecommunication, truncate, edit, and/or modify any part of the Information for public performance, public display, and distribution, (ii) access, index, cache, and display the website(s) to which your ads link, or any portion thereof, by any means, including web spiders and/or crawlers, (iii) create and display copies of any text, images, graphics, audio, or video on the websites to which your ads link, and (iv) distribute your ads through the Distribution Network. None of the Yahoo! Entities will have any liability for your ads or Information, including your Selected Ad Groups. You will provide all Information to us for our review before it is posted to the Distribution Network. A Yahoo! Entity may refuse, reject, cancel, or remove any ad, Information, or space reservation at its discretion at any time. Your ads may be subject to inventory availability, and the final decision as to ad relevancy is at our discretion. We do not guarantee that your ads will be placed in, or available through, any part of the Distribution Network, nor do we guarantee that your ads will appear in a particular position or rank. CONFIDENTIALITY. “Confidential Information” means any information disclosed to you by us, either directly or indirectly, in writing, orally, or by inspection of tangible objects, other than information that you can establish: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by us, (ii) becomes publicly known and made generally available after disclosure to you by us other than through your action or inaction, or (iii) is in your possession, without confidentiality restrictions, prior to the time of disclosure by us, as shown by your files and records. You will not at any time: (i) sell, license, or transfer any Confidential Information, (ii) disclose or otherwise make available to any person or entity any Confidential Information (other than to those of your employees and Authorized Users who are bound in writing by use and confidentiality restrictions which are no less protective of us than those contained in the Agreement and who have a legitimate need to know such Confidential Information in connection with the Agreement), or (iii) access, use, reproduce, or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you and in accordance with the Agreement. You will take all measures to protect the secrecy of, and to avoid disclosure and unauthorized use of, the Confidential Information. If required by law to disclose Confidential Information, you may do so provided that: (i) you give us prompt written notice of such requirement prior to such disclosure, (ii) at our request, you assist us in obtaining an order protecting the Confidential Information from public disclosure, and (iii) any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. All Confidential Information will remain our personal property, and all documents, electronic media, and other items containing or relating to any Confidential Information must be delivered to us, destroyed, or uninstalled immediately upon our request, or upon termination of the Agreement. Nothing contained in the Agreement will prevent a Yahoo! Company from complying with applicable privacy laws and regulations, and if there is any conflict between the Agreement and the terms of the applicable Yahoo! Company privacy policy (“Privacy Policy”) (as posted on or linked from a Yahoo! Company Website), the Agreement will control. Notwithstanding anything to the contrary in the Agreement or the applicable Privacy Policy, all data and information gathered or received by us in connection with providing the Programs and all information described in the applicable Privacy Policy may be shared with and used by (x) the Yahoo! Entities (and you acknowledge the country of the Yahoo! Entity receiving the data or information may not afford the same level of protection of such data as the country in which the data or information was collected), and/or (y) certain selected third parties only in anonymous form. You may not issue any press release or other public statement regarding the Agreement, the Programs, or a Yahoo! Company without our prior written consent. REPRESENTATIONS. You represent, warrant, and covenant that: (i) you have the rights, authority, and any required permission and consent to enter into the Agreement, (ii) you are a business, not a consumer, (iii) your use of each Program is solely for lawful business purposes, (iv) all Information is free of viruses, Trojan horses, trap doors, backdoors, Easter eggs, logic bombs, worms, time bombs, cancelbots, and/or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any Yahoo! Company system data or information, (v) a click on your ad will not: cause damage to a user’s computer, download a software application(s), change a user’s settings, or create a series of multiple, sequential, stand-alone advertisements (including by pop-up window or pop-under window), (vi) you will not engage in, nor cause others to engage in, spamming or improper, malicious, or fraudulent (as determined by us) clicking, impression, or marketing activities relating to any Program, (vii) the Information, the ads (including products and services referenced therein), the website(s) to which the ads link, all emails, newsletters, and other materials and technology in connection therewith, any tools or code you use or make available in connection with a Program, and/or any act or omission by you relating to a Program or the Yahoo! Entities: (a) do not violate any applicable law, statute, directive, ordinance, treaty, contract, or regulation, or Yahoo! Company policies or guidelines (collectively, “Laws”), (b) do not infringe any copyright, patent, trademark, trade secret, or other intellectual property right of any person or entity, (c) do not breach any duty toward, or rights of, any person or entity, including rights of publicity and/or privacy, (d) are not false, deceptive, misleading, unethical, defamatory, libelous, or threatening, and (e) do not (as determined by us) reflect poorly on or tarnish the reputation or goodwill of a Yahoo! Entity, (viii) you will not reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of any Programs, or any aspect or portion thereof, or Confidential Information, including source code or algorithms, (ix) you will not alter or remove any identification, trademark, copyright, or other notice from any aspect of the Programs, (x) you will comply with any trade sanction, and/or import or export regulation that applies to your use of our Programs and obtain all necessary licenses to use, export, re-export, or import our Programs as applicable, and (xi) you will not provide access to the Programs, except to Authorized Users or employees, who are bound in writing by use and confidentiality restrictions which are no less protective of us than those contained in the Agreement. INDEMNIFICATION. You will indemnify, defend, and hold harmless the Yahoo! Entities from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with your Information and/or ads, your or Authorized Users’ use of any Program, Yahoo! Company system, or Yahoo! Company Website, your website, or your or Authorized Users’ breach of the Agreement. You are solely responsible for defending any Claim against a Yahoo! Entity, subject to such Yahoo! Entity’s right to participate with counsel of its own choosing, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a Yahoo! Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Yahoo! Entity without its prior express written consent. WARRANTY DISCLAIMER. THE PROGRAMS, DISTRIBUTION NETWORK, YAHOO! COMPANY SYSTEMS, YAHOO! COMPANY WEBSITES, YAHOO! CODE, AND DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE HEREBY DISCLAIM ON BEHALF OF ALL YAHOO! ENTITIES ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES, INCLUDING ANY WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, SERVICE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY LIABILITY OF THE YAHOO! ENTITIES IN CONNECTION WITH THE AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, WILL BE STRICTLY LIMITED TO THE LESSER OF THE AMOUNT ALREADY PAID BY YOU TO US PURSUANT TO THE AGREEMENT IN THE SIX-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND U.S. $250,000 (OR ITS EQUIVALENT). IN NO EVENT WILL ANY YAHOO! ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. YOU WILL NOT HOLD A YAHOO! COMPANY RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT, INCLUDING WITH RESPECT TO CLICKS AND/OR IMPRESSIONS BY ANY THIRD PARTY ON YOUR ADS, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY. TERMINATION. At any time, for any or no reason, you or we may terminate the Agreement and/or your participation in any Program, and we may suspend or limit your participation in any Program or part thereof, including removing your ads. The Yahoo! Entities will not have any liability regarding the foregoing decisions. Upon termination of any Program Terms or the suspension or discontinuation of any Program or your participation therein, your outstanding payment obligations incurred under such Program will become immediately due and payable. Sections 2, 3 (second, fourth, and fifth sentences only), 4(iii), and 5 through 15 of these Master Terms and Conditions, the defined terms of the Agreement, and those provisions specified in any Program Terms will survive termination of the Agreement. NOTICES. We may give notices to you by posting on any Yahoo! Company Website, or by email to the address provided by you to us. It is your responsibility to ensure that your contact and account information (including your email and billing addresses) is current and correct, and you will promptly notify us in writing of any changes to such information. You will send all notices to us via recognized overnight courier or certified mail, return receipt requested, to: General Counsel, Yahoo! Inc., 701 First Avenue, Sunnyvale, California 94089. If you enroll in one or more of the following Programs, if offered, in the United States, Canada, or Brazil: API Access, Analytics, Sponsored Search, Content Match, Search Submit Pro, Product Submit, Travel Submit, Local Featured Listings, Local Enhanced Listings, or EWS (collectively, “Overture Programs”), Overture will exclusively be, with regard to the Overture Programs, “we,” “us,” and “our,” as referred to throughout these Master Terms and Conditions, Program Terms for the Overture Programs, and any applicable Insertion Orders. If you enroll in a Program outside the United States, Canada, or Brazil, OSSIL will exclusively be “we,” “us,” and “our,” as referred to throughout these Master Terms and Conditions, Program Terms, and any applicable Insertion Orders. Notwithstanding the notice provision above, you will send all notices to Overture for any Overture Programs or OSSIL via recognized overnight courier or certified mail, return receipt requested, to: General Counsel, Yahoo! Search Marketing, 3333 Empire Avenue, Burbank, California 91504. The Agreement does not permit you to enroll in any of our Program(s) in Japan or the People’s Republic of China or our Display Advertising Program in Australia or New Zealand. CHOICE OF LAW; VENUE. The terms of the Agreement and any dispute relating thereto or between you and us will be governed by the laws of the State of California, without regard to conflict/choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County or Santa Clara County, California, or another location designated by us. Any claim against us will be adjudicated on an individual basis and will not be consolidated in any proceeding with any claim or controversy of any other party. OTHER. The Agreement constitutes the entire agreement and understanding between you and us regarding the subject matter contained herein and supersedes all proposals, representations, claims, and communications in all forms of media (including all instructions, advertisements, messages, and policies), written and oral, regarding the subject matter contained herein. No terms or conditions other than those set forth in these Master Terms and Conditions, any Program Terms or Insertion Order(s) will be binding on us unless expressly agreed to in writing by us. The terms of any specific Program Terms govern only that Program, and not any other Program, except as specifically referenced in such Program Terms. If there is a conflict between the Master Terms and Conditions, any Program Terms, and any Insertion Order, the conflict will be resolved according to the following order of precedence: (1) Program Terms, (2) Master Terms and Conditions, and (3) Insertion Order. Notwithstanding the foregoing, an Insertion Order may amend the Master Terms and Conditions and/or the applicable Program Terms only if the amended terms contained in such Insertion Order: (i) apply only to the account(s) listed in the Insertion Order, (ii) apply only to that Insertion Order and not to any other Program or Insertion Order(s), and (iii) specifically identify the provision(s) of the Program Terms or the Master Terms and Conditions they amend. Only a written instrument specifically waiving compliance that is executed by whichever of you or us is entitled to waive such compliance may waive any term(s) and/or condition(s) of the Agreement. No waiver by you or us of a breach of any provision hereof will be deemed a waiver of any other breach of such provision or a waiver of the provision itself. If any provision of the Agreement is held or made invalid or unenforceable for any reason, such invalidity will not affect the remainder of the Agreement, and the invalid or unenforceable provision will be replaced by a valid provision that has a similar economic effect. We will have no liability under the Agreement by reason of any failure or delay in the performance of our obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet and/or electrical outages, computer viruses, acts of God, war, governmental action, or any cause that is beyond our reasonable control. You and we are independent contractors and nothing in the Agreement will be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between you and us. Except as otherwise set forth in the Agreement, neither you nor we will have any right, power, or authority to create any obligation or responsibility on behalf of the other and the Agreement is not intended to benefit, nor will it be deemed to give rise to any rights in, any third party. Notwithstanding the foregoing, you acknowledge and agree that the Yahoo! Companies will be third-party beneficiaries to the Agreement and will be entitled to directly enforce, and rely upon, any provision in the Agreement which confers a benefit on, or rights in favor of, them. You may not assign, sublicense, or transfer the Agreement or any right or duty under the Agreement. Any assignment, transfer, or attempted assignment or transfer in violation of this Section 14 will be void and of no force or effect. We and our subsequent assignees may assign, delegate, sublicense, or otherwise transfer from time to time the Agreement, or the rights or obligations hereunder, in whole or in part, to any person or entity such as to our Affiliate(s). The Programs are proprietary to us and are protected by the applicable state, federal, and international intellectual property laws and we retain all rights, title, and interests in the Programs, together with all derivative works, modifications, enhancements, and upgrades, but excluding your Information. Any rights not expressly granted in the Agreement are reserved by us, and all implied licenses are disclaimed. Headings used in the Agreement are for reference purposes only. As used in the Agreement, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. We may change the Agreement and/or a Privacy Policy at any time by posting such on the applicable Yahoo! Company Website or by email, and such revised Agreement and/or Privacy Policy will supersede and replace the earlier Agreement and/or Privacy Policy. Any use by you or Authorized Users of any Program after such notice will be deemed to be acceptance by you of the revised Agreement and/or Privacy Policy. Services and obligations to be performed by us hereunder may be performed by other Yahoo! Companies and/or third-party service providers. REPRESENTATIVE. If you are an advertising agency, search engine marketer, reseller, or other entity representing Advertisers (“Representative”), this Section applies, and in such case, “you” and “your” mean Representative, any Affiliates of Representative who execute an Insertion Order, together with Advertisers. “Advertiser” means an entity (including a sole proprietor) which is/will be enrolled in a Program by you. a. Representative represents, warrants, and covenants that: (i) it is the authorized agent of the Advertiser and has the legal authority to enter into the Agreement on behalf of the Advertiser, make all decisions, and take all actions relating to the Advertiser’s accounts, (ii) by Representative executing an Insertion Order or otherwise enrolling an Advertiser in a Program, the Advertiser is also entering into the Agreement, (iii) Representative will not, without our prior written consent: (a) make any representation, guarantee, condition, or warranty concerning any Program or Yahoo! Entity, including that Representative is an affiliate or partner of a Yahoo! Entity, (b) make any commitments (e.g., guarantees as to placement of ads) to an Advertiser or potential Advertiser regarding any Program, (c) negotiate any terms or conditions related to the Programs which may affect the rights, protections, and/or obligations of a Yahoo! Entity, and/or that are inconsistent with the Agreement, or (d) engage in any telesales or telemarketing in connection with any Program, and (iv) Representative will perform its duties pursuant to the Agreement in a professional manner consistent with the requirements established by us. Upon our request, Representative will immediately deliver to us each agreement that designates Representative as the Advertiser’s agent and authorizes Representative to act on the Advertiser’s behalf in connection with the Agreement. In the event of a termination of your relationship with an Advertiser, such Advertiser may continue to use the Information, including account and performance history with respect to its ads, and Representative will no longer have API Access for such Advertiser’s accounts. Representative will not at any time use data or information received in connection with the Agreement to conduct any marketing efforts targeted at our existing advertisers. While the Agreement is effective and for twelve (12) months thereafter, Representative will not, directly or indirectly, refer for employment or solicit our employees, consultants, or agents. b. Payment Liability. Without limiting any other provision of the Agreement, Representative and each Advertiser will be jointly and severally liable for all payment obligations pursuant to Section 2 of these Master Terms and Conditions, and you hereby waive any Law that may require us to proceed against one or more of you prior to proceeding against any others who may also be liable. Notwithstanding the foregoing, (i) if we offer you Sequential Liability in a particular country and we approve the applicable Advertiser’s credit application, we will hold Representative liable for payments under Section 2, above, solely to the extent Representative has received payment from such Advertiser; for sums not received by Representative, we will hold the Advertiser solely liable (“Sequential Liability”), and (ii) if Representative (x) breaches or allegedly breaches Section 15a.(i), above, or (y) fails to comply with our request to confirm whether an Advertiser has paid to it in advance funds sufficient to make payments pursuant to Section 2, above, Representative will be obligated to immediately pay all such amounts due us regardless of whether it has received payment from such Advertiser. You acknowledge that we may directly contact any Advertiser represented by Representative, including if we have not received payment for such Advertiser’s account within 60 days from the date of the applicable invoice. ELECTRONIC SIGNATURES EFFECTIVE. a. If the Agreement is an electronic contract, then this Section applies in order to set out the legally binding terms of your use of our Programs, including the Yahoo! Company Websites. You accept the Agreement and the terms, conditions, and notices contained or referenced herein by clicking on the “I Accept” button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. When you click on the “I Accept” button during enrollment, you also consent to having the Agreement provided to you in electronic form. b. You have the right to receive the Agreement in non-electronic form and may request a non-electronic copy of the Agreement before or after you electronically sign the Agreement by submitting a request to us as specified below. You also have the right, at any time, to withdraw your consent to have the Agreement provided to you in electronic form. Should you choose to withdraw your consent to have the Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use any Program unless and until we issue you a new username and password. We will only issue you a new username and password after we receive a signed copy of a non-electronic version of the Agreement, which we will send to you upon written request. To withdraw your consent and/or request a non-electronic copy of the Agreement, please send a letter and self-addressed, stamped envelope to the applicable address set forth in Section 12, above. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. Prior to such effective date, the Agreement electronically signed by and provided to you will remain legally valid and enforceable. c. In order to access and retain the electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any charges associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet (e.g., a computer and modem or other access device). Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain the Agreement that create a material risk that you will not be able to continue to access and/or retain the electronic Agreement. PAYMENT METHOD PROGRAM TERMS – If you participate in the Payment Method Program in a particular country, the following Program Terms apply. BILLING AND PAYMENT METHOD. When you supply us with a method of payment such as a credit card, charge card, or bank account (“Payment Method”) in connection with a Program, you participate in the “Payment Method Program” and you authorize us to bill your Payment Method pursuant to these Payment Method Program Terms for any and all charges and fees you incur in connection with that Program, including recurring payments. The types of Payment Methods that we accept and the timing of the billing of the charges and fees may vary according to the Program and country; however, we do not knowingly accept debit cards and you should not provide a debit card as a form of payment. The terms of your Payment Method are determined by an agreement(s) between you and your financial institution. AUTHORIZATION. You agree to keep your Payment Method information on file with us current (such as your address, card or account number, and expiration date, if any), and you also authorize us to update your Payment Method information with data we obtain from your financial institution, the issuer of your credit card or charge card, or from MasterCard or Visa. You authorize us to retain your Payment Method information until such time as you revoke this authorization in accordance with procedures prescribed by us. Any revocation by you of this authorization will become effective: (a) if your Payment Method is a credit or charge card, when all charges and fees associated with your use of the Programs have been fully satisfied, as determined by us; or (b) if your Payment Method is a bank account, after three (3) business days. Your revocation of this authorization will have no effect on your liability for charges and fees that you have incurred in connection with your use of a Program prior to such revocation. EFFECTS OF TERMINATION. Sections 2 (third and fourth sentences) and 3 of these Payment Method Program Terms will survive any termination of the Agreement. PAYMENT PLAN PROGRAM TERMS – If you participate in the Payment Plan Program in a particular country, the following Program Terms apply. PAYMENT METHODS. If you use a Payment Plan, you authorize us to bill your Payment Method for all charges and fees in connection with each Program as specified by the Payment Plan you select (“Payment Plan Program”). Unless and until you or we discontinue your enrollment in a payment plan (“Payment Plan”), your preauthorization for billing your Payment Method is valid until the termination of the Agreement or the discontinuation of the Payment Plan by us or your participation therein. We will send a notification to the e-mail address associated with your Program account(s) after each preauthorized transaction to notify you that your account(s) has been replenished and your charges and fees have been paid. Such payments should appear on the periodic statement sent to you by the provider of your Payment Method. We reserve the right to modify, suspend, or terminate your right to prepay, any Payment Plan, and/or your participation therein at any time. If we modify a Payment Plan, notification will be posted on a Yahoo! Company Website or you will be notified by e-mail. If you do not consent to such modified terms, you may elect to discontinue your enrollment in a Payment Plan at any time by providing written notice to us before the effective date of such modified terms. Your non-termination or continued use of a Program reaffirms that we are authorized to bill your Payment Method automatically and constitutes your acceptance of the terms of any such modified terms. In connection with a Payment Plan, you agree that if your charges equal or exceed your payment, then your ads may be removed from the Distribution Network and you will incur a debit balance for the amount of any unpaid charges incurred under your account(s), including any amounts accrued prior to the time your ads are actually removed. Charges will be posted to your account and must be paid before any of your ads will be made available through the Distribution Network. TYPES OF PAYMENT PLANS. “Non-Stop Traffic Payment Plan”: Under the Non-Stop Traffic Payment Plan, you preauthorize us to periodically bill your Payment Method on a recurring basis for the amount you specify. Your Payment Method will automatically be billed with the preauthorized amount whenever your account has fewer than approximately the prior three (3) days’ worth of charges remaining, as determined by us. The preauthorized amount then will be credited to your account and, after any debit balance that you may have incurred for charges in excess of the amount you have preauthorized is first deducted, the balance will be available to pay for future charges and fees; thus, while the amount charged to your Payment Method will remain the same throughout the term of your participation in the Non-Stop Traffic Payment Plan, the amount actually available in your account to pay for future charges and fees will vary depending upon the charges and fees you have incurred. “Fixed Budget Payment Plan”: Under the Fixed Budget Payment Plan, you determine a monthly amount for charges to your Program account(s) and you preauthorize us to bill your Payment Method each month in the amount specified. Notwithstanding the monthly amount you specify, if you exceed your available balance in any month, you will incur a debit balance; this debit balance will be deducted from the amount next billed to your Payment Method and the remaining balance will be credited to your account to pay for future charges. EFFECTS OF TERMINATION. None of the terms and conditions of these Payment Plan Program Terms will survive the termination of these Payment Plan Program Terms or the applicable Program Terms. API ACCESS PROGRAM TERMS – If you participate in the API Access Program in a particular country, the following Program Terms apply. USE. If we grant you API Access in connection with a Program(s) (“API Access Program”), API Access will be considered part of such Program(s). “API Access” is the ability, via the API Code, to access certain Program account information and/or features, and to execute commands for your Program account(s). You may not use your API Access, including any data obtained therefrom, for purposes other than managing your Program account(s) to which the API Access relates. In the event your use of a Program terminates, your API Access to such Program will terminate immediately. We may limit, modify, or terminate your API Access, in our discretion, at any time, and such modifications may require you to make changes, at your expense, to the API Code for continued API Access. “API Code” is software enabling API Access created by you or us using an XML/SOAP interface we specify. You may not use API Access pursuant to this section if you are party to another agreement with a Yahoo! Company that provides for such access. CODE. If we give you Yahoo! Code, either the API Code itself or software to be incorporated into the API Code developed by you, we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited, internal-use license to use the Yahoo! Code given to you by us solely for API Access. Upon our request, you will make the API Code available to us for our review, and notify us of the features and functionality of such API Code and the application to which the API Code connects. Your use of API Access must not place an unreasonable or disproportionately large load on our systems (as determined by us) or exceed access frequency limits set by us from time to time. If you are a Representative, this Section gives you, and not the Advertiser(s), API Access. EFFECTS OF TERMINATION. None of the terms and conditions of the API Access Program Terms will survive the termination of these API Access Program Terms or the Program Terms of the Program for which you have been granted API Access. ANALYTICS PROGRAM TERMS – If you participate in the Analytics Program in a particular country, the following Program Terms apply. USE. We may provide you with Analytics in connection with a Program(s) for your use (“Analytics Program”). “Analytics” is Yahoo! Code for insertion on your webpages to enable the analytical tools available for your account. Provided that you install Analytics, Yahoo! Code will be delivered into the Internet browser of visitors to your website(s) during their interaction with your website(s). Subject to the terms of the Agreement, we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited, internal-use license for use with your Program account to use, execute, and display Analytics on your website. During the Analytics set-up process, we may append certain parameters to the URL associated with your ad to enable the Analytics Program. You may not edit or delete such parameters, which would prevent the proper functioning of Analytics and would render impaired or inaccurate results. In connection with the Analytics Program, you may not, directly or indirectly, transmit to a Yahoo! Entity any PII of the visitors to your website(s). YOUR WEBSITE. While Analytics is on your website(s), you will: (i) obtain all rights and permissions necessary for the Yahoo! Entities to use the Analytics data, including statistical and traffic information collected by us and/or provided by you, as contemplated under the Agreement, and (ii) maintain and adhere to a privacy policy on your website(s) which must, at a minimum: (a) be available as a clear and conspicuous link from the main page of your website(s) and any other website page where visitors may provide PII, (b) comply with all applicable Laws, and (c) contain language materially similar to the following: “We have contracted with Yahoo! to monitor certain pages of our website for the purpose of reporting web traffic, statistics, advertisement ‘click-throughs,’ and/or other activities on our website. No personally identifiable data is transferred to Yahoo! by us. Where authorized by us, Yahoo! may use cookies, web beacons, and/or other monitoring technologies to compile anonymous statistics about our website visitors. However, if you choose, you may opt out from Yahoo!’s collection of such information outside of the Yahoo! distribution network, by clicking on the following link: .” EFFECTS OF TERMINATION. Upon termination of these Analytics Program Terms or the Program Terms of the Program for which you have been provided Analytics, (i) you must promptly remove or have removed the Analytics from your website(s) and all items under your possession, custody, and/or control, and (ii) Section 2(i), above, will survive. DISPLAY ADVERTISING PROGRAM TERMS – If you participate in the Display Advertising Program in a particular country, the following Program Terms apply. PROGRAM USE. We provide you access to the Program for display advertising (“Display Advertising Program”) for your use. You will pay for all impressions and/or clicks on your ads that we deliver. “Preemptible Ads” are ads which are displayed on a space-available basis and are not guaranteed to appear in the Distribution Network, and are designated as such in an Insertion Order. Except with respect to Preemptible Ads, the last sentence of Section 5 of the Master Terms and Conditions does not apply to ads distributed under the Display Advertising Program. Except with respect to Preemptible Ads, we will use commercially reasonable efforts to deliver impressions in the amounts and locations by the end of the period specified in an Insertion Order, as applicable. PLACEMENT OF ADS. If your Information, including any updates, is not given to us four (4) business days prior to its anticipated distribution or does not conform to our policies and specifications, we may distribute, at our option: (i) back-up ads based on Information you have previously given us or (ii) public service announcements of our choice, and bill you at the rates in the Insertion Order. We may optimize your campaign by modifying the line items of an Insertion Order. We must approve in advance in writing the serving of ads by anyone other than us. For ads in an Insertion Order that specify frequency caps, we will use commercially reasonable efforts to comply with such frequency caps, provided that you agree that we are not liable if your ads are viewed in excess of the frequency cap. For dynamically priced campaigns, we may adjust the location of, and price for, your ads in an effort to meet your target goals (e.g., CPC, CPA, or CPL). MAKE GOODS. Except for Preemptible Ads, if we fail to deliver, by the end of the period specified in an Insertion Order, the aggregate number of impressions as agreed in the Insertion Order (subject to any reductions permitted under Section 2, above) or the impressions are delivered in the wrong location, then (i) for purposes of this Section 3 of the Display Advertising Program Terms only, the first sentence of Section 10 of the Master Terms and Conditions does not apply, and (ii) your sole and exclusive remedy is limited to the following, which we may choose in our discretion: (a) a refund of the charges representing the impressions that were undelivered or delivered to the wrong location, (b) delivery of the impressions at a later time in a comparable position as determined by us, and/or (c) an extension of the term of the Insertion Order with a refund representing any remaining undelivered impressions at the end of such extended term. TERMINATION; EFFECTS OF TERMINATION. Notwithstanding Section 11 of the Master Terms and Conditions, you may not cancel an Insertion Order under this Display Advertising Program. If you terminate the Display Advertising Program Terms, all terms and conditions of these Display Advertising Program Terms will survive until such time as all Insertion Orders under this Program have ended. Sections 3 and 4 of these Display Advertising Program Terms will survive termination of these Display Advertising Program Terms. SPONSORED SEARCH and CONTENT MATCH® PROGRAM TERMS – If you participate in the Sponsored Search Program and/or Content Match® Program in a particular country, the following Program Terms apply. USE. We provide you access to our sponsored search Program and our Program for Content Match® (“Sponsored Search Program” and “Content Match® Program,” respectively) for your use. “Selected Ad Groups” means the keywords you select, as well as certain misspellings, singular/plural combinations, and other related keywords that we may map to your ads based on the keywords, your ads themselves, and/or the websites to which the ads link (e.g., if you select the keyword “book,” your ad may also appear in response to the keywords “books” or “buy books.”). At a Yahoo! Entity’s discretion, an ad may include a title, description, text, and/or graphics. PAYMENT. In addition to any applicable service fees, you will pay for all clicks on your ads. Your bids are subject to the then-current minimum bid requirements for the Sponsored Search Program and/or Content Match® Program, as applicable. If you select the budgeting option (as may be available in connection herewith and modified by us from time to time), you will: (i) ensure that the amount you select for your approximate daily budget is reasonably related to the Selected Ad Groups you bid on, and the amounts you bid on such Selected Ad Groups; and (ii) promptly increase your approximate daily budget to an appropriate amount, if your daily budget does not comply with the foregoing. OPTIMIZATION. In the U.S. only, for those advertisers not bound by an Insertion Order, we may help you optimize your account(s). Accordingly, you expressly agree that we may also: (i) create ads, (ii) add and/or remove keywords, and/or (iii) optimize your account(s). We will notify you via email of such changes made to your account(s), and can also include a spreadsheet of such changes upon your written request. If you would like any of such changes reversed, please reply to such email within 14 days of the change(s), and we will make commercially reasonable efforts to reverse the change(s) you specifically identify. Notwithstanding the foregoing, you remain responsible for all changes made to your account(s), including all click charges incurred prior to any reversions being made. It is your responsibility to monitor your account(s) and to ensure that your account settings are consistent with your business objectives. EFFECTS OF TERMINATION. Sections 2, 3 (fifth sentence only), and 4 of these Sponsored Search and Content Match® Program Terms will survive termination of these Sponsored Search and Content Match® Program Terms. ADDITIONAL TERMS. You understand that Overture is a subsidiary of Yahoo!, and that Yahoo! and Overture use the Sponsored Search Program and/or Content Match® Program to advertise certain of their respective products and services. SEARCH SUBMIT PRO, PRODUCT SUBMIT, & TRAVEL SUBMIT PROGRAM TERMS – If you participate in the Search Submit Pro, Product Submit, and/or Travel Submit Programs in a particular country, the following Program Terms apply. USE. We provide you access to our search submit pro Program (“Search Submit Pro Program”), our product submit Program (“Product Submit Program”), and/or travel submit Program (“Travel Submit Program”) for your use. Product Submit Program only: “Categories” and “Subcategories” mean the product categories you select and that we may map to your ads based on your ads themselves and/or the websites to which the ads link. We may re-categorize any incorrectly categorized ads (as determined by us) at any time. PAYMENT. In addition to any applicable service fees, you agree to pay for all clicks on your ads. Search Submit Pro Program and Travel Submit Program only: We reserve the right to change the pricing and/or minimum monthly charge upon 30 days written notice to you, which may be provided by email. Subject to availability of advertising inventory, payment of higher fees, and any additional applicable terms, conditions, and/or policies, the display of certain ads may be enhanced through features that may be made available from time to time according to the applicable pricing schedule. Product Submit Program only: Your bids are subject to the then-current minimum bid requirements for the Product Submit Program. ADDITIONAL TERMS. A “Feed Provider” means a third-party service provider of feed creation and/or feed optimization services which is provided by us and creates Information and/or optimizes ads on your behalf for inclusion in the Distribution Network. If you choose to use the feed creation and/or feed optimization services provided by a Feed Provider or us, then: (i) the Feed Provider and/or us will have the right to create Information and/or optimize the ads; (ii) such applicable Information and ads created and/or optimized by a Feed Provider or us may not be used for any non-Yahoo! Company service; and (iii) a Feed Provider will collect and provide to us: (a) data gathered from the applicable ads, and (b) conversion data gathered from such ads, provided that you install the necessary software to enable Analytics. ALL INFORMATION AND ADS CREATED OR OPTIMIZED BY A FEED PROVIDER AND/OR US ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. Section 10 of the Master Terms and Conditions applies to any Feed Provider in connection with these Search Submit Pro, Product Submit, & Travel Submit Program Terms. Travel Submit Program only: If you or the Feed Provider submit Information, ads, or any portion thereof that do not comply with our requirements (including a failure to update the applicable Information) or are otherwise unacceptable, we may continue to use existing ads and Information. EFFECTS OF TERMINATION. Upon termination of these Search Submit Pro, Product Submit, & Travel Submit Program Terms, your ads may remain in the Distribution Network for up to 15 days following termination. Sections 2, 3, and 4 of these Search Submit Pro, Product Submit, & Travel Submit Program Terms will survive termination of such Program Terms. LOCAL BASIC LISTINGS, LOCAL ENHANCED LISTINGS, & LOCAL FEATURED LISTINGS PROGRAM TERMS – If you participate in the Local Basic Listings, Local Enhanced Listings, and/or the Local Featured Listings Programs (U.S. only), the following Program Terms apply. USE. We provide you access to the Program for local basic ads (“Local Basic Listings”), local enhanced ads (“Local Enhanced Listings Program”), and/or Program for local featured ads (“Local Featured Listings Program”) for your use. You must be a business located in the United States and selling goods and/or services at a physical business location in the United States and/or in a service area surrounding the business address you provide to us. You may not participate in these Programs if you maintain a presence, or offer services, solely on the Internet. If you operate a business in more than one physical location or service area, you must run separate ads for each location or service area. You represent, warrant, and covenant that the ad(s) and Information for each location fairly and accurately describe the goods and/or services that you sell at that particular physical business location or within the service area surrounding your address, and that you have all necessary rights, permits, and licenses to offer for sale, sell, ship, and/or perform all products or services available through the businesses and websites identified in your ads, regardless of whether such products or services are described in your ads. You may not submit, or permit the submission of, multiple ads for the identical business. Unless we have provided you our express prior written approval, all Information you submit in connection with these Programs must be in English, and if your ad links to a website, the website must be in English, with the official business name visible to any visitor to your website. Ads will be categorized into the appropriate category(ies) and geography(ies) either by you or by us, provided that we may categorize or re-categorize any uncategorized or incorrectly categorized ads (as determined by us) at any time. PAYMENT. In addition to any applicable service fees, you will be billed as specified in your online account(s) or in an Insertion Order. We reserve the right to change the pricing of these Programs at any time upon 30 days written notice to you, which may be provided by email. RATINGS AND REVIEWS. We enable users to rate and provide written reviews on the business(es) listed in your ads, including the business’ services and/or products, and such ratings and reviews will be publicly displayed. By participating in these Programs, you will be subject to such rating and review features, and we will have no liability in connection therewith nor any obligation to remove any reviews or ratings. MAPS. We may use your address in an online map and will have no liability in connection therewith nor any obligation to remove any such information. EFFECTS OF TERMINATION. Upon termination of these Local Basic Listings, Local Enhanced Listings, & Local Featured Listings Program Terms, your ads may remain in the Distribution Network for up to 30 days following termination. Sections 2, 3, 4, and 5 of these Local Basic Listings, Local Enhanced Listings, & Local Featured Listings Program Terms will survive termination of these Local Basic Listings, Local Enhanced Listings, & Local Featured Listings Program Terms. SPONSORSHIP PROGRAM TERMS – If you participate in the Sponsorship Program in a particular country, the following Program Terms apply. USE AND DEFINITIONS. We provide you access to our Program for product placements, exclusive placements, logo ads, and/or other sponsorship advertising (“Sponsorship Program”) for your use. A “Sponsorship” is the sponsorship advertising campaign described in an Insertion Order or elsewhere. The terms and conditions of any advertising to promote the Sponsorship will be subject to an Insertion Order and the applicable Program Terms. FEES. You agree that you will pay the Sponsorship fees specified in the applicable Insertion Order. If a line item of an Insertion Order for a Sponsorship specifies a number of ads, streams, impressions, or clicks, such number will be considered a minimum, and in the event of under-delivery of such minimum, the make good in Section 4 will apply. SPONSORSHIP DESIGN. You acknowledge and agree that we are, and will at all times be, the “executive producer” of the Yahoo! Company Websites, and we will be responsible for the design, layout, look-and-feel, posting, and maintenance of any aspects of the Yahoo! Company Websites, including the display and performance of the Sponsorship; however, we may consult with you regarding the appearance of the Sponsorship prior to its display. MAKE GOODS. We will use commercially reasonable efforts to deliver the Sponsorship as agreed in the Insertion Order. If we fail to deliver the Sponsorship as agreed in the Insertion Order or have under-delivered (if applicable), then (i) for purposes of this Section 4 of the Sponsorship Program Terms only, the first sentence of Section 10 of the Master Terms and Conditions does not apply, and (ii) your sole and exclusive remedy is limited to the following, which we may choose and value in our discretion: (a) a refund of the fees representing the portion of the Sponsorship that was undelivered or misdelivered, and/or (b) an extension of the term of the Sponsorship with a refund representing the portion of the Sponsorship that was undelivered or misdelivered at the end of such extended term. TERMINATION; EFFECTS OF TERMINATION. Notwithstanding Section 11 of the Master Terms and Conditions, you may not cancel a Sponsorship or an Insertion Order related to a Sponsorship. In the event of a termination of these Sponsorship Program Terms, all terms and conditions of the Agreement will survive until such time as all Insertion Orders related to a Sponsorship have ended. Sections 3, 4, and 5 of these Sponsorship Program Terms will survive termination of these Sponsorship Program Terms. MICROSITE PROGRAM TERMS – If you participate in the Microsite Program (U.S. only), the following Program Terms apply. USE AND DEFINITIONS. We provide you access to our Program for Microsites (“Microsite Program”) for your use. A “Microsite” is the pages of the Yahoo! Company Website located at the URL listed in the Insertion Order or elsewhere. “User Information” means data voluntarily, directly, and expressly provided by a user during his/her use or interaction with the Microsite. “Content” is Information to be included or potentially included in the Microsite, as well as the derivative works of such (including content submitted and/or generated by users (“User-Generated Content”)), including any and all audio, videos, data, images, files, hypertext links, scripts, trademarks, service marks, logos, and other distinctive brand features. The terms and conditions of any advertising to promote a Microsite will be subject to an Insertion Order and the applicable Program Terms. LICENSE GRANT. In connection with the Microsite Program, you grant us a non-exclusive, royalty-free, worldwide license (and, if applicable, with respect to User-Generated Content, agree to obtain the foregoing from the creating and/or submitting user) to use, copy, sublicense, encode, store, archive, distribute via the Distribution Network, transmit, modify, translate, create teaser content of, render into an audible format, publicly display, and publicly perform the Content, in whole or in part. MICROSITE DESIGN. We are, and will at all times be, the “executive producer” of the Yahoo! Company Websites, and we will be responsible for the design, layout, look-and-feel, posting, and maintenance of any aspects of the Yahoo! Company Websites, including the display and performance of the Content; however, we will consult with you regarding the appearance of the Microsite prior to its display. We may, at our discretion, include on the Microsite links to your privacy policy. We will display the links, attributions, copyright, or other proprietary notices (including trademark notices) you reasonably request in writing in connection with the display and/or performance of the Content, subject to our right to modify or exclude such links, attributions, and notices to the extent that we deem them impractical or inappropriate for the device on which the Content is intended to be reproduced, displayed, or performed. Except as may be set forth in an Insertion Order, we have no duty or obligation, express or implied, to post, host, stream, or otherwise include any Content on any Yahoo! Company Websites. Your use of the Microsite Program does not confer in us any right of ownership of the Content. You will deliver the Content and updates to the Content to us in accordance with our formatting, delivery, and technical specifications provided or made available to you by us until the earlier of the termination of the Microsite Program Terms or the date specified in the Insertion Order. You will provide ongoing assistance to us with regard to technical, administrative, and service-oriented issues relating to the use, encoding, transmission, and maintenance of the Content, as we may reasonably request. USE OF DATA. If the Microsite receives any User Information, including PII, and we share such data with you, you represent, warrant, and covenant that (i) the User Information will be used, accessed, and maintained in strict compliance with all applicable Laws, your privacy policy, the user’s authorization, and industry standard security specifications; (ii) if any user requests or we request on their behalf, you will immediately remove any PII relating to such user from your database or other records; (iii) you will not resell, disclose, transfer, or otherwise make available any PII; and (iv) you have reviewed our applicable Privacy Policy and that you will use commercially reasonable efforts to ensure that your use of User Information obtained in connection with a Microsite does not directly or indirectly cause us to violate any provision of our applicable Privacy Policy. User Information is owned by us and is our Confidential Information. TERMINATION; EFFECTS OF TERMINATION. Notwithstanding Section 11 of the Master Terms and Conditions, you may not terminate a Microsite or an Insertion Order related to a Microsite. In the event of a termination of the Microsite Program Terms, all terms and conditions of these Microsite Program Terms will survive until such time as all Insertion Orders related to a Microsite have ended; provided, however, the grants and rights with respect to User-Generated Content described in Section 2, above, will not terminate. Sections 4 and 5 of these Microsite Program Terms will survive termination of these Microsite Program Terms. PROMOTION PROGRAM TERMS – If you participate in the Promotion Program (U.S. only), the following Program Terms apply. GENERAL. We provide you access to our contest, sweepstakes, coupon, special offer, or other promotion Program (“Promotion Program”) for your use. Each promotion described in an Insertion Order or elsewhere is a “Promotion.” The terms and conditions of any advertising to promote a Promotion will be subject to an Insertion Order and the applicable Program Terms, and the terms and conditions of the Microsite associated with a Promotion will be subject to an Insertion Order and the Microsite Program Terms. Notwithstanding our approval or assistance in connection with a Promotion as may be specified in an Insertion Order or elsewhere, you are responsible for the Promotion(s), including the official rules, offer terms, or regulations governing a Promotion and the timely acquisition and fulfillment of all prizes, premiums, or discounts that may be offered in connection with a Promotion. Our approval of the official rules, offer terms, or regulations for any Promotion does not constitute an opinion as to the legal appropriateness, accuracy, or adequacy of those rules or their manner of use, nor a waiver of our indemnity rights under the Agreement. DATA. User Information collected from a user in connection with registering for a Promotion is “Promotion Registration Data.” User Information that is necessary for the fulfillment of any prizes, premiums, or discounts under a Promotion is “Promotion Fulfillment Data.” Promotion Registration Data and Promotion Fulfillment Data are referred to collectively as “Registration Data.” We grant you a limited, revocable, non-transferable license to use: (i) the Promotion Registration Data of those users who, during registration for a Promotion, agree to allow us to share their information with you and/or have specifically opted in to receive communications from you, provided that your use of such Promotion Registration Data is in accordance with your privacy policy linked from the Microsite where the User Information is collected, and (ii) the Promotion Fulfillment Data for the fulfillment of prizes, premiums, or discounts for that Promotion. Registration Data is owned by us and is our Confidential Information. In connection with a Promotion, you represent, warrant, and covenant that: (a) notwithstanding anything to the contrary in our or your applicable privacy policy, any Registration Data obtained in connection with a Promotion, including PII, will be used and maintained in strict compliance with the official rules of the Promotion, all applicable Laws, the user’s authorization, and industry-standard security specifications; (b) if any user requests or we request on their behalf, you will immediately remove any PII relating to such user from your database or other records; (c) you will not resell, disclose, transfer, or otherwise make available any PII; and (d) you have reviewed our applicable Privacy Policy and that you will use commercially reasonable efforts to ensure that your use of Registration Data obtained through a Promotion does not directly or indirectly cause us to violate any provision of our applicable Privacy Policy. TERMINATION. Notwithstanding Section 11 of the Master Terms and Conditions, you may not cancel a Promotion or an Insertion Order related to a Promotion. If you terminate these Promotion Program Terms, all terms and conditions of these Promotion Program Terms will survive until such time as all Insertion Orders related to a Promotion have ended. Sections 1 (last sentence), 2, and 3 of these Promotion Program Terms will survive termination of these Promotion Program Terms. * * * The Agreement, including the Master Terms and Conditions and Program Terms, was last updated on May 30, 2008.