America Online 2010 Annual Report Download - page 243

EXECUTION COPY
Application or to an Existing [****] AOL Client Application [****], Google shall provide AOL with written notice, which notice
includes (x) a specific description of the [****], [****]. Upon AOL's [****], AOL's [****] the Google Sponsored Advertising
Service on such Client Application(s) shall be restored as soon as reasonably practicable.
(ii) AOL shall use commercially reasonable efforts to remedy any violation of the Client Application Guidelines within [****]
([****]) days of receiving notice of the violation from Google. During the pendency of any remedy period, (A) if [****]; otherwise
(B) AOL must immediately cease implementation of the Google Sponsored Advertising Service on the Client Application(s). In the
event that AOL is required to [****], then during any such period of [****], the [****] set forth in Section [****] of the
Agreement will not apply to that Client Application or the specific implementation of the Client Application, as the case may be.
(iii) In the event that AOL is not able to remedy a violation of the Client Application Guidelines within the [****] day remedy period
described above, Google may, upon written notice to AOL, remove the Client Application(s) from the Agreement. For the
avoidance of doubt, if a Client Application is removed from the Agreement, then AOL may no longer implement the Google
Sponsored Advertising Service on that Client Application and the [****] set forth in Section [****] of the Agreement will not
apply to that Client Application.
6. Queries.
6.1 New and Revised Definitions to the Existing Agreement.
(i) The following definitions set forth in Exhibit A of the Existing Agreement are deleted in their entirety and replaced with the
following:
"Queries" means (i) Search Term and (ii) [****] Queries.
"Search Term" means (i) a search query typed by an end user into (a) a search box on any Covered Property or (b) the [****],
including [****] within the [****] Client Application, the [****] Client Application and the [****] Client Application (so long as
[****] and the [****] is set to [****]) (ii) that is sent by AOL to Google for processing under the Google Sponsored Advertising
Service in accordance with Google's technical requirements (iii) without AOL editing, truncating, appending terms to or otherwise
modifying the end user search query.
(ii) The following new definition will be added to Exhibit A of the Existing Agreement:
"[****] Queries" means (i) the queries set forth in (a) through (g) below, the representative screenshots of which are attached as
Exhibit E of the Thirtieth Amendment; (ii) generated by [****] on the [****] (except in the case of (g)), (iii) that are sent by AOL
to Google for processing under the Google Sponsored Advertising Service in accordance with Google's technical requirements.
AOL may combine types of [****] Queries to generate a single Query (e.g., [****] to generate the Query submitted to Google).
Within [****] days after the Thirtieth Amendment Effective Date, AOL will provide Google with screenshots of each [****]
Query implementation and such screenshots will be incorporated to the Agreement by a written amendment. For the avoidance of
doubt, the labels used in subsections (a) through (c) below are examples of AOL's labeling as of the Thirtieth Amendment
Effective Date only, and AOL may, in its sole discretion, change such labels on the consumer-facing UI; provided that such labels
will be related to the function of the clickable link or end user action.
7
Google Confidential [Legal Department MC/CW Google]