America Online 2010 Annual Report Download - page 239

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owned and controlled by AOL or an Affiliate that is wholly owned by AOL, (b) is based in and primarily targeted to end users in the United
States, and (c) is launched on or after the Thirtieth Amendment Effective Date. For clarity, each AOL Client application listed under "List of
[****] AOL Client Applications" in Section 3 of Exhibit A attached hereto that is [****] will be [****] as required under the new Section 14(b)
(iii) of the Agreement as set forth in Section 5 (Client Applications) of this Thirtieth Amendment.
[****] and [****], for purposes of the Thirtieth Amendment, means (i) display of one or more brand, trademark, or similar attribution of either
(a) AOL or (b) an Affiliate that is wholly owned by AOL and [****], (ii) each of which is displayed reasonably prominently, and (iii) where
AOL's or such wholly owned Affiliate's branding, trademark, or attribution is at least [****] to the [****] of the [****]. This definition is not
intended to prohibit the display of [****] that appears as content (e.g., a [****] an article about the NBA championships or an [****] a button on
an [****] toolbar) or as part of an advertisement, sponsorship or marketing campaign (e.g., a [****] within a [****] or [****] of a [****]).
[****] means a Website [****] or a Client App [****], as applicable.
[****] AOL Client Applications means (i) Existing [****] AOL Client Applications and (ii) New [****] AOL Client Applications.
Existing [****] AOL Client Applications. Existing [****] AOL Client Applications are [****] Client Applications existing as of the Thirtieth
Amendment Effective Date, as listed in Exhibit A to the Thirtieth Amendment.
New [****] AOL Client Application. Subject to Section 3 ([****] AOL Websites and [****] AOL Client Applications) of the Thirtieth
Amendment, a New [****] AOL Client Application is a Client Application that (i) is wholly owned and controlled by AOL or an Affiliate that is
wholly owned by AOL, (ii) is [****], (iii) is based in and primarily targeted to end users in the United States, (iv) is [****] to a Client
Application wholly owned by AOL or an Affiliate that is wholly owned by AOL (e.g., as illustrated in the screenshot attached hereto in Exhibit
B), and (v) is launched on or after the Thirtieth Amendment Effective Date.
[****] AOL Websites means (i) Existing [****] AOL Websites and (ii) New [****] AOL Websites.
Existing [****] AOL Website means a website that (i) is wholly owned and controlled by AOL or an Affiliate that is wholly owned by AOL,
(ii) is [****], (iii) is based in and primarily targeted to end users in the United States, (iv) is [****] to an AOL Website (e.g., as illustrated in the
screenshot attached hereto in Exhibit B), and (v) is existing as of the Thirtieth Amendment Effective Date, as listed in Exhibit A to the Thirtieth
Amendment.
New [****] AOL Website. Subject to Section 3 ([****] AOL Websites and [****] AOL Client Applications) of the Thirtieth Amendment,
means a website that (i) is wholly owned and controlled by AOL or an Affiliate that is wholly owned by AOL, (ii) is [****], (iii) is based in and
primarily targeted to end users in the United States, (iv) is [****] to an AOL Website (e.g., as illustrated in the screenshot attached hereto in
Exhibit B), and (v) is launched on or after the Thirtieth Amendment Effective Date. For clarity, this definition is targeted towards [****] AOL
Websites with [****] (e.g., [****]), not AOL [****] or [****] in order to [****] of [****] (e.g., [****] powered by[****]).
Website [****] means a [****] that [****] a [****] AOL Website; provided that such [****] cannot be an [****] in Section [****] of the
Agreement (as amended by Section [****] of the Thirtieth Amendment) except for [****].
Client App [****] means a [****] that [****] a [****] AOL Client Application; provided that such [****] cannot be an [****] in Section
[****] of the Agreement (as amended by Section [****] of the Thirtieth Amendment) except for [****]
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