{"id":42351,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/information-services-agreement-inktomi-corp-and-wired-digital.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"information-services-agreement-inktomi-corp-and-wired-digital","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/information-services-agreement-inktomi-corp-and-wired-digital.html","title":{"rendered":"Information Services Agreement &#8211; Inktomi Corp. and Wired Digital Inc."},"content":{"rendered":"<pre> \n                        INFORMATION SERVICES AGREEMENT\n\n\n     This Information Services Agreement (\"Agreement\") is entered into as of\nApril 1, 1998 (the \"Effective Date\"), by and between Inktomi Corporation, a\nDelaware corporation with its principal place of business at 1900 South Norfolk\nStreet, Suite 310, San Mateo, California, 94403 (\"Inktomi\") and Wired Digital,\nInc., a Delaware corporation with its principal place of business at 660 Third\nStreet, 4th Floor, San Francisco, CA 94107 (\"Customer\").\n\n                                   RECITALS\n\n     A.   Inktomi provides services utilizing certain technology for searching\nand indexing the Internet (the \"Inktomi Search Engine,\" as more fully defined\nbelow).\n\n     B.   Customer wishes Inktomi to provide search engine services using the\nInktomi Search Engine in accordance with the terms and conditions of this\nAgreement.\n\n                                   AGREEMENT\n\n     In consideration of the foregoing and the mutual promises contained herein\nthe parties agree as follows:\n\n     1.   Definitions. For purposes of this Agreement, the following terms will\n          -----------\nhave the indicated meanings:\n\n          1.1.  \"Customer Service(s)\" means any online search service utilizing\n                 -------------------\nthe Inktomi Technology, whether branded HotBot or otherwise and whether\ndisplayed as a separate Web site or the relevant portion of a Web page, that is\noperated, assembled, developed or marketed by Customer alone or in conjunction\nwith third parties, including the commercial Internet search service currently\noperated by Customer and located on the Web at www.hotbot.com (\"HotBot\").\n\n          1.2.  \"Database\" means Inktomi's full text index database of Web pages\n                 --------                                                       \naccessible by end users of the Customer Services at any given time.\n\n          1.3.  \"Inktomi Data Protocol\" means the written specification on how\n                 ---------------------\nan Interface communicates and interacts with the Inktomi Search Engine.\n\n          1.4.  \"Inktomi Search Engine\" means Inktomi's current Search Engine as\n                 ---------------------\nof the Effective Date, inclusive of the Database, as the same may be upgraded,\nmodified, changed, or enhanced by Inktomi at its sole discretion, subject to the\nterms of this Agreement. The Inktomi Search Engine does not and will not include\nfeatures, options and modules developed and \n\n\n\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \ncustomized specifically for third parties and provided to such third parties on\nan exclusive basis, or features, options, modules and future products which\nInktomi licenses or provides separately.\n\n          1.5.  \"Inktomi Technology\" means the Inktomi Search Engine, the\n                 ------------------\nInktomi Data Protocol, the Interface Construction Tools and all other computer\nsoftware, technology and\/or documentation which is supplied by Inktomi for use\nin or in connection with delivery of the Services, including without limitation\nall source code and object code therefor and all algorithms, ideas and\nIntellectual Property Rights therein.\n \n          1.6.  \"Intellectual Property Rights\" means any and all rights existing\n                 ----------------------------\nfrom time to time under patent law, copyright law, semiconductor chip protection\nlaw, moral rights law, trade secret law, trademark law, unfair competition law,\npublicity rights law, privacy rights law, and any and all other proprietary\nrights, and any and all applications, renewals, extensions and restorations\nthereof, now or hereafter in force and effect worldwide.\n\n          1.7.  \"Interface\" means the editorial and graphical content and design\n                 ---------\nof the Web pages served to end users of Customer Services, including without\nlimitation the Search Page, all Results Pages, instruction pages, frequently\nasked questions pages and any Customer Service end user terms and guidelines.\n\n          1.8.  \"Interface Construction Tools\" means all software tools, if any,\n                 ----------------------------    \nin object code form, provided by Inktomi to assist Customer to build Interfaces\nto the Inktomi Search Engine, including without limitation Inktomi's application\nserver currently known as Forge.\n\n          1.9.  \"Net Revenues\" are gross advertising and sponsorship revenues\n                 ------------\nbooked by Customer attributable to (a) all [*] and (b) all other [*] within\nthe [*] that [*] to the [*] of [*] provided by Inktomi, including without \n[*] and [*], but [*] all [*], [*]: [*] by [*] for the applicable\nmonth, subject to [*] to [*].\n\n          1.10. \"Results Pages\" means all Web pages displaying search results\n                 -------------\npresented to end-users directly as a result of accessing the query mechanisms of\nthe Inktomi Search Engine or indirectly though a cache controlled or influenced\nby Customer.\n\n          1.11. \"Results Set\" means a set of results consisting of between [*]\n                 -----------\nand [*] records presented to an end-user of the Customer Service (either\ndirectly from the Inktomi Search Engine or indirectly through a cache controlled\nor influenced by Customer) in response to a search query.\n\n          1.12. \"Search Engine\" means computer software which crawls the\n                 -------------\nInternet, downloads and analyzes text and other data, sorts and organizes the\ndata, creates an index of accessible data, and, after receiving a particular\nsearch request (in the form of a word query), locates material accessible in the\ndatabase, and presents the results of the search.\n\n                                       2\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \n          1.13.  \"Search Page\" means the Web page on a Customer Service through\n                 -----------\nwhich end users may access the Inktomi Search Engine and run searches against\nthe Database.\n\n          1.14.  \"Services\" means the Internet search engine services to be\n                  --------\nprovided by Inktomi for Customer under this Agreement, as more fully described\non Exhibit A.\n\n          1.15.  \"Term\" shall have the meaning indicated in Section 10.\n                  ----                                                 \n\n          1.16.  \"Usage Data\" means the demographic, psychographic, statistical\n                  ----------\nand other end user data generated by operation of the Inktomi Search Engine in\nconnection with the Customer Services, excluding Web usage data generated by the\nDatabase.\n\n          1.17.  \"Web\" means the so-called World Wide Web, containing, inter\n                  ---                                                  -----\nalia, pages written in hypertext markup language (HTML) and\/or any similar\n----\nsuccessor technology.\n\n          1.18.  \"Web page\" means a document on the Internet which may be viewed\n                  --------  \nin its entirety without leaving the applicable distinct URL address.\n\n          1.19.  \"Web site\" means a collection of inter-related Web pages.\n                  --------                                                \n\n     2.   Provision of Services; Implementation.\n          ------------------------------------- \n\n          2.1.   Services and Implementation. Subject to the terms and \n                 ---------------------------\nconditions of this Agreement, Inktomi shall provide the Services to Customer for\nuse as part of the Customer Services, such services to be provided substantially\nin accordance with the functionality specifications, performance criteria and\nlimitations specified on Exhibit A. Inktomi, at its own expense, shall provide\nall data transmission capacity (bandwidth), disk storage, server capacity and\nother hardware and software required to run the Inktomi Search Engine and\nmaintain the Database. Customer, at its own expense, shall create the Interfaces\nto the Inktomi Search Engine for the Customer Services, and shall provide all\ndisk storage, server capacity and other hardware and software required to run\nand maintain the Customer Services and the Interfaces, and to modify and serve\nadvertisements on the Interfaces. Inktomi shall provide reasonable assistance\n(through telephone, e-mail, the Web, or fax) to Customer during regular business\nhours regarding development of the Interfaces and integration of the same with\nthe Inktomi Search Engine. Customer, at its own expense, shall provide all data\ntransmission capacity (bandwidth) required to connect to and receive information\nfrom the Inktomi Search Engine. Customer may only provide search services based\non the Services to end users of the Customer Services, and shall have no right\nto distribute or resell or provide services based on the Services to other\nservice providers. Inktomi shall keep Customer reasonably informed of any\nmodifications or changes to the Inktomi Search Engine and will not make any such\nmodifications or changes if the same would preclude Inktomi from performing the\nServices substantially in accordance with the functionality specifications,\nperformance criteria and limitations specified on Exhibit A.\n\n          2.2.   Test Cluster. During the development period for any new\n                 ------------\nInterface or modification period for any existing Interface, Customer shall only\nhave access through the\n\n                                       3\n\n \nInktomi Data Protocol to a non-production version of the Inktomi Search Engine\n(the \"Test Cluster\"). Upon completion of the new or modified Interface and all\ndesired testing against the Test Cluster, Customer shall present the Interface\nto Inktomi for technical review and testing against the production version of\nthe Inktomi Search Engine. Inktomi shall promptly notify Customer of any\ntechnical problems or issues discovered by Inktomi regarding the Interface. Once\naccepted by Inktomi, Inktomi shall provide access to Customer to the production\nversion of the Inktomi Search Engine. Customer may run reasonable tests against\nthe Test Cluster and the production version of the Inktomi Search Engine,\nprovided however that Customer may not conduct any load testing (prior to\ncommercial launch of its search service) without the prior consent of Inktomi.\nLoad testing as used herein means the generation and delivery of more than five\nqueries per second.\n\n          2.3.   Inktomi Data Protocol. Inktomi has previously provided the\n                 ---------------------\nInktomi Data Protocol and the Interface Construction Tools to Customer. Inktomi\ngrants to Customer a nontransferable, nonexclusive license during the Term to\nuse the Inktomi Data Protocol and the Interface Construction Tools solely to\ncreate and maintain the Interfaces to the Inktomi Search Engine for the Customer\nServices. Inktomi will provide all future releases of the Inktomi Data Protocol\nand Interface Construction Tools to Customer at the same time Inktomi makes such\nreleases available to its general customer base.\n\n          2.4.   Other Services and Support. Upon request, and provided that\n                 --------------------------\nCustomer is current with service fees due under this Agreement, Inktomi may\nprovide additional services and support beyond the services and support set\nforth herein. Any such service or support shall be provided at Inktomi's then\napplicable consulting rates and charges.\n\n          2.5.   Inktomi Technology.  As between Customer and Inktomi, Customer\n                 ------------------                                            \nacknowledges that Inktomi owns all right, title and interest in and to the\nInktomi Technology (except for any software licensed by third parties to\nInktomi), and that Customer shall not acquire any right, title, and interest in\nor to the Inktomi Technology, except as expressly set forth in this Agreement.\nCustomer shall not modify, adapt, translate, prepare derivative works from,\ndecompile, reverse engineer, disassemble or otherwise attempt to derive source\ncode from any Inktomi software or documentation.  Customer will not remove,\nobscure, or alter Inktomi's copyright notice, trademarks, or other proprietary\nrights notices affixed to or contained within any Inktomi software or\ndocumentation.\n\n          2.6.   Interface. As between Inktomi and Customer, Inktomi\n                 ---------   \nacknowledges that Customer owns all right, title and interest, including without\nlimitation all Intellectual Property Rights, in and to the Interfaces (except\nfor any software licensed by third parties to Customer and except for editorial\ncontent regarding the use and functionality of the Inktomi Search Engine\nprovided by Inktomi to Customer for incorporation into the Customer Services,\nwhich content shall be and remain Inktomi Technology), and that Inktomi shall\nnot acquire any right, title or interest in or to the Interfaces, except as\nexpressly set forth in this Agreement.\n\n          2.7.   Nonexclusive Services. Customer understands that Inktomi will\n                 ---------------------\nprovide the Services on a nonexclusive basis. Customer acknowledges that Inktomi\nhas customized and \n\n                                       4\n\n \nprovided, and will continue to customize and provide, its software and\ntechnology to other parties for use in connection with a variety of\napplications, including search engine applications. Nothing in this Agreement\nwill be deemed to limit or restrict Inktomi from customizing and providing its\nsoftware and technology to other parties for any purpose, including in\nconnection with search engine applications, or in any way affect the rights\ngranted to such other parties.\n\n     3.   Publicity; Branding and Attribution; Trademark License; House Ads.\n          ----------------------------------------------------------------- \n\n          3.1.   Publicity. Except as provided in the Inktomi Attribution and\n                 ---------\nPublicity Guidelines attached hereto as Exhibit C, Customer shall not mention\nInktomi, SmartCrawl or any other Inktomi product, technology or service in any\npress release or marketing materials or Web site without Inktomi's prior written\nconsent, which shall not be unreasonably withheld or delayed. Except as provided\nin the Customer Publicity Guidelines attached hereto as Exhibit D, Inktomi shall\nnot mention Customer (or its affiliates), Customer Services or any Customer\nproduct incorporating Inktomi Technology or the Database in any press release or\nmarketing materials or Web site without Customer's prior written consent, which\nshall not be unreasonably withheld or delayed. Inktomi agrees not to contact \nend-users of Customer Services without Customer's prior consent, except where\nsuch end-users are engaging in conduct that is adversely affecting the\nperformance or usage of the Inktomi Search Engine.\n\n          3.2.   Branding and Attribution. Customer shall have sole control and\n                 ------------------------\ndiscretion over branding of Customer Services. Without limiting the foregoing,\nCustomer may place proper proprietary notices for its copyright and trademark\ninterests in the Interface and on its trademarks and marketing materials.\nInktomi will receive appropriate, subsidiary attribution on all Results Pages as\nthe provider of Services and will be invited to participate in certain Customer\nmarketing and promotional opportunities, in accordance with the Inktomi\nAttribution and Publicity Guidelines set forth on Exhibit C and will receive\nattribution in Customer Service marketing materials to the extent Customer's\nother information service providers receive attribution therein.\n\n          3.3.   Trademark License. Inktomi hereby grants Customer a\n                 -----------------\nnontransferable, nonexclusive license under Inktomi's trademarks during the Term\nfor the purpose of fulfilling Customer's obligations, and exercising its rights,\nhereunder. Customer hereby grants to Inktomi a nontransferable, nonexclusive\nlicense under Customer's trademarks during the Term for the purpose of\nfulfilling Inktomi's obligations, and exercising its rights, hereunder. Each\nparty will submit advertising materials containing the other party's trademarks\nto the other party before release to the public for inspection, and such other\nparty will have the right to modify any such advertisements. All use of Inktomi\ntrademarks by Customer shall inure to the benefit of Inktomi, and all use of\nCustomer trademarks by Inktomi shall inure to the benefit of Customer. Except as\nset forth in this Section, nothing in this Agreement shall grant or shall be\ndeemed to grant to one party any right, title or interest in or to the other\nparty's trademarks. At no time during or after the term of this Agreement shall\none party challenge or assist others to challenge the trademarks of the other\nparty (except to the extent such restriction is prohibited by applicable law) or\nthe registration thereof or attempt to register any trademarks, marks or trade\nnames confusingly similar to those of the other party.\n\n                                       5\n\n \n          3.4.   House Ads. To the extent there is unsold advertising inventory\n                 ---------\non the Customer Services during the Term, Inktomi may run advertisements on the\nCustomer Services on a rotating basis (or, if available, based on key words),\nprovided however that (a) Inktomi may not use more than [*] ([*]) of the\nunsold Customer Service inventory in any one month without Customer's prior\napproval, (b) Inktomi's ads shall not be counted toward the computation of\n[*] as set forth on [*], and (c) Inktomi may not place\nadvertisements for competitors of Customer on Customer Services. Any such unpaid\nhouse ads delivered to Customer on behalf of Inktomi shall be subject to\nCustomer's standard online advertising terms and conditions.\n\n     4.   Warranties and Disclaimer.\n          ------------------------- \n\n          4.1.   Inktomi Warranties. Inktomi warrants that (i) it has full power\n                 ------------------\nand authority to enter into this Agreement, (ii) it has not previously and will\nnot grant any rights in the Inktomi Technology to any third party that are\ninconsistent with the rights granted to Customer hereunder, (iii) throughout the\nTerm, the Inktomi Technology and the Services provided for Customer shall be [*]\nand shall [*] with the [*] on [*], and (iv) the Inktomi Technology [*],\nand Inktomi shall [*] in connection with the Customer Services, any [*] \nor other programs containing [*] which are [*] or [*] to [*] with an\n[*]. Inktomi does [*] warrant that the Services [*] of [*] or that [*] of the\nServices will be [*]. INKTOMI MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER\nEXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING [*] OF [*], [*] FOR A\n[*], AND [*].\n\n          4.2.   Customer Warranties. Customer warrants that it has full power\n                 -------------------\nand authority to enter into this Agreement. Customer further warrants that it\nwill seek all necessary governmental approvals required to effectuate this\nAgreement. CUSTOMER MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS,\nIMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF\nMERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.\n\n     5.   End-User Support. Customer, at its own expense shall provide first\n          ----------------\nlevel customer support services to end users of the Customer Services. Inktomi,\nat its own expense, shall provide second level technical support services to\nCustomer regarding the operation of the Inktomi Search Engine. Such support\nservices will be provided during regular business hours Pacific time via\ntelephone, e-mail, the Web, or fax. Responses will be provided within the same\nbusiness day where possible and in any event within one business day following\nreceipt.\n\n                                       6\n\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \n     6.   Payments.\n          -------- \n\n          6.1.   Service Fees. Customer shall pay Inktomi service fees in the\n                 ------------\namount and on terms specified on Exhibit B attached hereto.\n\n          6.2.   Records. Customer shall keep complete and accurate records\n                 -------\npertaining to the Net Revenue it generates in connection with Customer Services\nattributable to the Inktomi Search Engine, and the number of Results Sets served\nfrom a cache controlled or maintained by Customer. Such records shall be\nmaintained for a two-year period following the year in which any payments\npertaining to such revenue were due. Inktomi shall have the right to examine\nCustomer's records from time to time but no more than once every six (6) months\nto determine the correctness of any payment made under this Agreement. Such\nexamination shall be conducted at reasonable times during Customer's normal\nbusiness hours and upon at least ten (10) business days' advance notice and in a\nmanner so as not to interfere unreasonably with the conduct of Customer's\nbusiness. If any such examination indicates that Customer has underpaid by more\nthan [*] ([*]) of the aggregate payments due for the period subject to such\nexamination, Customer shall reimburse Inktomi for reasonable costs of such\nexamination.\n\n          6.3.   Taxes. Customer shall be responsible for all sales taxes and\n                 -----\nother similar taxes imposed by any federal, state or local governmental entity\non the transactions contemplated by this Agreement, excluding taxes based upon\nInktomi's net income. When Inktomi has the legal obligation to pay or collect\nsuch taxes, the appropriate amount shall be invoiced to and paid by Customer\nunless Customer provides Inktomi with a valid tax exemption certificate\nauthorized by the appropriate taxing authority.\n\n          6.4.   Payment. All fees quoted and payments made hereunder shall be\n                 -------\nin U.S. Dollars. Customer shall pay all amounts due under this Agreement to\nInktomi at the address indicated at the beginning of this Agreement or such\nother location as Inktomi designated in writing.\n\n     7.   Confidentiality.\n          ---------------\n\n          7.1.   Definition of Confidential Information. All information and\n                 --------------------------------------                        \ndocuments disclosed or produced by either party in the course of this Agreement\nwhich are disclosed in written form and identified by a marking thereon as\nproprietary, or oral information which is defined at the time of disclosure and\nconfirmed in writing within ten (10) business days of its disclosure, shall be\ndeemed the \"Confidential Information\" of the disclosing party.  Notwithstanding\nthe above, the parties agree that any information (in any form, whether in\ntangible or intangible) relating to the Inktomi Search Engine, the Inktomi\nTechnology, the Inktomi Data Protocol, the Interface Construction Tools is\nconsidered Confidential Information. In addition, the parties agree that Usage\nData shall constitute Confidential Information of the parties hereunder,\nprovided that Customer may provide advertiser-specific Usage Data to advertising\nclients, and provided further that Inktomi may provide aggregated usage data\nthat includes but does not separately identify Customer Service Usage Data to\nits other search engine \n\n                                       7\n\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \ncustomers under nondisclosure agreements for purposes of their hardware and\nother search engine traffic-related resource planning.\n\n          7.2.   Treatment of Confidential Information. Each party agrees to\n                 -------------------------------------\nprotect the other party's Confidential Information in the same manner as such\nparty protects its own Confidential Information of substantially similar\nproprietary value, but in no case less than reasonable care. Each party agrees\nthat it will use the Confidential Information of the other party only for the\npurposes of this Agreement and that it will not divulge, transfer, sell,\nlicense, lease, or otherwise disclose or release any such information or\ndocuments to third parties, with the exception of (i) its employees or\nsubcontractors who require access to such for purposes of carrying out such\nparty's obligation hereunder and (ii) persons who are employed as auditors by a\npublic accounting firm or by a federal or state agency. Each party will use\nreasonable efforts to advise any person obtaining Confidential Information that\nsuch information is proprietary and to obtain a written agreement obligating\nsuch person to maintain the confidentiality of any Confidential Information\nbelonging to the party or its suppliers.\n\n          7.3.   No Other Confidential Information. Neither party shall have any\n                 ---------------------------------\nobligation under this Section 7 for information of the other party which the\nreceiving party can substantiate with documentary evidence that has been or is\n(i) developed by the receiving party independently and without the benefit of\ninformation disclosed hereunder by the disclosing party; (ii) lawfully obtained\nby the receiving party from a third party without restriction and without breach\nof this Agreement; (iii) publicly available without breach of this Agreement;\n(iv) disclosed without restriction by the disclosing party to a third party; or\n(v) known to the receiving party prior to its receipt from the disclosing party.\n\n          7.4.   Terms of Agreement. Neither party shall make any public\n                 ------------------\ndisclosure of the specific terms of this Agreement, except with the prior\nwritten consent of the other party or to potential investors or merger partners.\nWithout limiting the foregoing, the parties shall cooperate in good faith to\nobtain confidential treatment for mutually agreed terms in the event that this\nAgreement will be filed with the Securities and Exchange Commission.\n\n     8.   Indemnification.\n          --------------- \n\n          8.1.   Inktomi Indemnification. Inktomi shall [*] Customer and\n                 -----------------------   \n[*] and [*] them [*] from and against any and all [*] and [*], including \n[*], which Customer [*] may incur as a result of: (a) any claims which, [*],\nwould constitute a [*] or [*] made by Inktomi under this Agreement, (b) any\nclaims relating to the [*], [*] or any [*] therein ([*] any [*] by [*], [*]\nor other [*] contained in the [*]), including [*] a claim that the [*], [*] or\n[*] a [*] of any [*], or (c) Inktomi's other [*], [*] or [*] hereunder\n(including [*]\n\n                                       8\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \nmade to [*] regarding the [*] or [*] of the [*]).\n\n          8.2.   Customer Indemnification. Customer shall indemnify Inktomi \n                 ------------------------\n[*] and [*] them [*] from and against any and all [*] and [*] including \n[*], which Inktomi [*] may incur as a result of: (a) any claims which, [*],\nwould constitute a [*] or [*] made by Customer under this Agreement, (b) any\nclaims relating to any [*] or any [*] therein, including [*] a claim that\nany [*] or [*] a [*] of any [*], or (c) Customer's other [*] or [*]\nhereunder or in [*] with the [*].\n\n          8.3.   Conditions. Neither party shall have any obligation to\n                 ----------\nindemnify the other party for a claim unless the indemnified party (a) gives\nprompt written notice of the claim, (b) allows the [*] to [*] control the [*] of\nsuch claim, and (c) provides the indemnifying party with the [*] and [*]\nnecessary for the [*] of such claim. The indemnified party shall have the right\nto [*] in the [*] at [*].\n\n     9.   Limitation of Liability.\n          ----------------------- \n\n          9.1.   Maximum Liability. EXCEPT FOR [*] OUT OF OR [*] TO [*] OF THE\n                 -----------------\n[*] OR [*] HEREIN, EACH PARTY'S LIABILITY UNDER THIS AGREEMENT SHALL BE [*]\nTO AMOUNTS [*] TO INKTOMI FOR THE [*] (UNDER THIS AGREEMENT AND ALL PRECEEDING\nAGREEMENTS) DURING THE [*] PRIOR TO THE [*] OF THE [*] TO [*].\n\n          9.2.   Waiver of Consequential Damages. EXCEPT FOR [*] OUT OF OR [*]\n                 -------------------------------\nTO [*] OF THE [*] OR [*] HEREIN, [*] WILL BE LIABLE FOR [*] OR [*] OR\n[*], OR FOR [*] OR [*], INCLUDING [*] FOR [*], HOWEVER [*] AND UNDER ANY\n[*], INCLUDING BUT NOT LIMITED TO [*], [*] AND [*], AND WHETHER OR NOT IT [*] OR\n[*] OR [*] OF THE [*] OF SUCH [*].\n\n          9.3.   Removal of Materials. Inktomi shall use commercially reasonable\n                 --------------------\nefforts as promptly as practicable following delivery of a request from Customer\nto remove any materials or URLs from the Database that Customer reasonably\nbelieves may lead to liability for \n\n                                       9\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \nCustomer or Inktomi, and Inktomi may remove any materials or URLs from the\nDatabase that it reasonably believes may create liability for Customer or\nInktomi, in each case with notice to the other party.\n\n     10.  Term and Termination.\n          -------------------- \n\n          10.1.  Term. The term of this Agreement (the \"Term\") shall commence on\n                 ----\nthe Effective Date and shall continue in force for a period of three years\nthereafter, unless earlier terminated as provided herein.\n\n          10.2.  Termination for Convenience. Either party may terminate this\n                 ---------------------------\nAgreement for convenience at any time following the Effective Date by giving\n[*] ([*]) months' written notice to the other party.\n\n          10.3.  Termination for Low Usage. Either party may terminate this\n                 -------------------------\nAgreement by giving [*] ([*]) days' written notice to the other party in the\nevent the average number of daily Results Sets served during any consecutive\n[*] ([*])-[*] period is less than [*] per day.\n\n          10.4.  Termination for Breach. Either party may suspend performance\n                 ----------------------\nand\/or terminate this Agreement if the other party materially breaches any term\nor condition of this Agreement and fails to cure that breach within [*] ([*])\ndays after receiving written notice of the breach.\n\n          10.5.  Termination due to Insolvency. Either party may suspend\n                 -----------------------------\nperformance and\/or terminate this Agreement if the other party becomes insolvent\nor makes any assignment for the benefit of creditors or similar transfer\nevidencing insolvency, or suffers or permits the commencement of any form of\ninsolvency or receivership proceeding, or has any petition under bankruptcy law\nfiled against it, which petition is not dismissed within sixty (60) days of such\nfiling, or has a trustee or receiver appointed for its business or assets or any\nparty thereof.\n\n          10.6.  Modification Right. At any time during the Term, [*] may\n                 ------------------   \n[*] to the [*] of the [*] of [*] to Inktomi as set forth in [*] (but not the\n[*] set forth therein) and\/or the [*] of [*] as set forth in Section [*] above.\n[*] may [*] such [*] by giving notice to Inktomi, whereupon the parties will [*]\nto discuss such [*]. If the parties are [*] to [*] with respect to the [*]\nwithin [*] ([*]) days, then [*] shall have the [*] to [*] this Agreement by\ngiving [*] ([*]) [*] written notice to Inktomi.\n\n          10.7.  Effect of Termination. Upon the termination of this Agreement\n                 ---------------------\nfor any reason (i) all license rights granted herein shall terminate, (ii)\nCustomer shall immediately pay to Inktomi all amounts due and outstanding as of\nthe date of such termination and (iii) each party shall return to the other\nparty, or destroy and certify the destruction of, all Confidential Information\nof the other party. Following expiration or termination of this Agreement, each\n\n                                      10\n\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \nparty shall cooperate and use reasonable efforts to seek to remove or modify, as\nrequested, any representations of or references to the Customer Services from\npublicly available caches, indexes, archives or search engines.\n\n          10.8.  Purchase Right Upon Abandonment. During the Term of this\n                 -------------------------------   \nAgreement and for [*] thereafter, if Customer ceases operating its HotBot search\nengine business in the ordinary course and Customer does not sell or otherwise\ndispose of all the assets relating to and used exclusively by Customer's HotBot\nbusiness (including without limitation the Interface and the HotBot specific\ntrademarks, service marks and trade names) within [*] ([*]) days following the\noccurrence of such abandonment of the HotBot business, then for [*] ([*]) days\nInktomi shall have the right to purchase all or part of Customer's remaining\nassets relating to the HotBot business on [*] and [*] terms and conditions.\n\n          10.9.  Survival. In the event of any termination or expiration of this\n                 --------\nAgreement for any reason, Sections 1, 2.5, 2.6, 4, 6, 7, 8, 9, 10 and 11 shall\nsurvive termination. Neither party shall be liable to the other party for\ndamages of any sort resulting solely from terminating this Agreement in\naccordance with its terms.\n\n          10.10. Remedies.  Each party acknowledges that its breach of the\n                 --------\nconfidentiality or service\/license restrictions contained herein may cause\nirreparable harm to the other party, the extent of which would be difficult to\nascertain.  Accordingly, each party agrees that, in addition to any other\nremedies to which the other party may be legally entitled, such party shall have\nthe right to seek immediately injunctive relief in the event of a breach of such\nsections by the other party or any of its officers, employees, consultants or\nother agents.\n\n     11.  Miscellaneous.\n          ------------- \n\n          11.1.  Capacity. Each party warrants that it has full power to enter\n                 --------\ninto and perform this Agreement, and the person signing this Agreement on either\nparty's behalf has been duly authorized and empowered to enter in such\nagreement. Each party further acknowledges that it has read this Agreement,\nunderstands it and agrees to be bound by it. Each party acknowledges that such\nparty has not been induced to enter into such agreements by any representations\nor statements, oral or written, not expressly contained herein or expressly\nincorporated by reference.\n\n          11.2.  Notice. Any notice required for or permitted by this Agreement\n                 ------\nshall be in writing and shall be delivered as follows with notice deemed given\nas indicated: (i) by personal delivery when delivered personally, (ii) by\novernight courier upon written verification of receipt, (iii) by telecopy or\nfacsimile transmission when confirmed by telecopier or facsimile transmission\nreport, or (iv) by certified or registered mail, return receipt requested, upon\nverification of receipt. All notices must be sent to the addresses first\ndescribed above or to such other address that the receiving party may have\nprovided for the purpose of notice in accordance with this Section.\n\n                                      11\n\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \n          11.3.  Assignment.  Neither party may assign its rights or delegate\n                 ----------\nits obligations under this Agreement without the other party's prior written\nconsent, except to the surviving entity in a merger or consolidation in which it\nparticipates or to a purchaser of all or substantially all of its assets, so\nlong as such surviving entity or purchaser shall expressly assume in writing the\nperformance of all of the terms of this Agreement.\n\n          11.4.  No Third Party Beneficiaries. All rights and obligations of the\n                 ----------------------------\nparties hereunder are personal to them. This Agreement is not intended to\nbenefit, nor shall it be deemed to give rise to, any rights in any third party,\nexcept as expressly provided herein.\n\n          11.5.  Governing Law. This Agreement will be governed and construed,\n                 -------------\nto the extent applicable, in accordance with United States law, and otherwise,\nin accordance with California law, without regard to conflict of law principles.\nAny dispute or claim arising out of or in connection with this Agreement shall\nbe resolved by final and binding arbitration administered by JAMS\/ENDISPUTE\n(\"JAMS\"), located at Two Embarcadero Center, Suite 1100, San Francisco,\nCalifornia, 94111, telephone (415) 982-5267. The arbitration shall be held at\nthe JAMS office in San Francisco, California, or as agreed by the parties and\nJAMS. Judgment on the award rendered by the arbitrator may be entered in any\ncourt having jurisdiction thereof. The parties acknowledge that the United\nNations Convention on Contracts for the International Sale of Goods is\nspecifically excluded from application to this Agreement.\n\n          11.6.  Independent Contractors. The parties are independent\n                 -----------------------\ncontractors. Neither party shall be deemed to be an employee, agent, partner or\nlegal representative of the other for any purpose and neither shall have any\nright, power or authority to create any obligation or responsibility on behalf\nof the other.\n\n          11.7.  Force Majeure. Neither party shall be liable hereunder by\n                 -------------\nreason of any failure or delay in the performance of its obligations hereunder\n(except for the payment of money) on account of strikes, shortages, riots,\ninsurrection, fires, flood, storm, explosions, earthquakes, acts of God, war,\ngovernmental action, or any other cause which is beyond the reasonable control\nof such party (each a \"Force Majeure Event\"). Each party will use its reasonable\nbest efforts to notify the other party of the occurrence of a Force Majeure\nEvent within three (3) business days of such occurrence.\n\n          11.8.  Compliance with Law. Each party shall be responsible for\n                 -------------------\ncompliance with all applicable laws, rules and regulations, if any, related to\nthe performance of its obligations under this Agreement.\n\n          11.9.  Waiver. The failure of either party to require performance by\n                 ------\nthe other party of any provision shall not affect the full right to require such\nperformance at any time thereafter; nor shall the waiver by either party of a\nbreach of any provision hereof be taken or held to be a waiver of the provision\nitself.\n\n          11.10. Severability. If any provision of this Agreement is held by a\n                 ------------\ncourt of competent jurisdiction to be contrary to law, such provision shall be\nchanged and interpreted so \n\n                                      12\n\n \nas to best accomplish the objectives of the original provision to the fullest\nextent allowed by law and the remaining provisions of this Agreement shall\nremain in full force and effect.\n\n          11.11. Headings. The section headings appearing in this Agreement are\n                 --------\ninserted only as matter of convenience and in no way define, limit, construe or\ndescribe the scope or extent of such paragraph, or in any way affect such\nagreements.\n\n          11.12. Counterparts. This Agreement may be executed simultaneously in\n                 ------------\ntwo or more counterparts, each of which will be considered an original, but all\nof which together will constitute one and the same instrument.\n\n          11.13. Entire Agreement. This Agreement, and the Exhibits hereto,\n                 ----------------\nconstitute the entire agreement between the parties with respect to the subject\nmatter hereof. This Agreement supersedes, and the terms of this Agreement\ngovern, any other prior or collateral agreements with respect to the subject\nmatter hereof; including without limitation the Search Engine Services Agreement\nbetween the parties dated effective as of April 1, 1997. Any amendments to this\nAgreement must be in writing and executed by an officer of the parties.\n\n     IN WITNESS WHEREOF, the parties have caused this Information Services\nAgreement to be signed by their duly authorized representatives.\n\n\nWIRED DIGITAL, INC.                     INKTOMI CORPORATION\n\n\nBy: \/s\/ Beth Vandersuce                 By: \/s\/ Jerry Kennelly\n   ----------------------------            ----------------------------\n\nName: Beth Vandersuce                   Name: Jerry Kennelly\n     --------------------------              --------------------------\n\nTitle: President                        Title: CFO\n      -------------------------               -------------------------\n\n                                      13\n\n \n                                   EXHIBIT A\n\n                                   SERVICES\n\nBasic Services:\n-------------- \n\n     Inktomi will use the Inktomi Search Engine to crawl the Internet, download\nand analyze text and other data, sort and organize the data, create an index of\naccessible data, and, after receiving a particular search request from an end\nuser (in the form of a word query), locate material accessible in the Database,\nand present the results of the search to the end user.  The functionality\nspecifications and performance criteria applicable to such services are as\nfollows:\n\n     Baseline Functionality Specifications (Current):\n\n     .    Inktomi will provide a minimum [*] document searchable Web\n          index for all queries and will provide a minimum [*] document\n          searchable Web index that may be accessed by up to [*]% of daily\n          queries.\n\n     .    Ability to search by [*] (up to [*] levels), [*], [*] and [*]\n\n     .    Ability to search by [*] and [*], and search with [*] (including\n          [*] and [*])\n\n     .    Search on included object, covering the following objects: Acrobat,\n          java applets, active x controls, audio, plugins, Flash, form, frame,\n          image, script, Shockwave, table, video and vrml\n\n     .    Search on included [*], by [*]\n\n     .    Search on [*], which permutes different combinations of the query text\n          to cover different [*] orderings ([*]\/[*], [*]\/[*], etc)\n\n     .    Search on specific [*], covering [*] and [*]\n\n     .    Limit search to [*] containing [*] to a [*]\n\n     .    Limit search to articles found in a specified newsgroup\n\n     .    Limit search to words in the HTML \"title\" field\n\n     .    Ability to selectively control the [*] of each [*] ([*] records, [*]\n          records, [*] records, [*] records, [*] records, [*] records)\n\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \n     Additional Functionality Specifications (Anticipated):\n\n     Inktomi will provide the Basic Services using the [*] version of the\n     Inktomi Search Engine when available (anticipated release date is [*]\n     [*]), which will provide the following functionality in addition to the\n     functionality specified above.  This additional functionality will be\n     provided as part of the Basic Services on the same terms and conditions as\n     the baseline functionality set forth above.\n\n     .    [*]\n     .    [*]\n     .    Search by [*]\n     .    [*] support\n     .    [*] filtration, which assists in the creation of [*] \n          [*] in which [*] site is represented [*]\n     .    [*] filtration\n\n \n     Performance Criteria\n \n     .    Size of Database       -  Minimum [*] documents for all queries and a\n                                    minimum of [*] that may be accessed for up\n                                    to [*]% of daily queries\n\n     .    Database Freshness     -  Full update once every [*] weeks by [*].\n                                    Full update once every [*] weeks by [*].\n\n     .    Uptime\/Downtime        -  Minimum [*]% uptime ([*]% downtime) over [*]\n                                    windows. Downtime = any [*] minute period in\n                                    which Inktomi Technology processes [*]\n                                    requests. The parties will work toward a\n                                    more [*] and definition of uptime\/downtime\n                                    and [*] the same during the Term.\n\n     .    Query\/Response Speed   -  Average speed Less than or = [*] (\"[*]\"\n                                    response time)\n\n     .    Latency                -  The parties will work together to determine\n                                    the definition of a \"[*]\" the [*] concerning\n                                    such standard query and [*], and [*] the\n                                    same during the Term.\n\n     [*] a [*], Inktomi will provide standard crawl and uptime reports to\nCustomer.\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \nAdditional Services\n-------------------\n\n     In addition to the Basic Services described above, Inktomi will provide the\nfollowing additional services to Customer:\n\n          [*]. Customer may [*] Web URLs to Inktomi for [*] within the Database.\n     Inktomi will make [*] to [*] the URL's and [*] to the Database within\n     [*]. It is understood that many of the URL's will \"[*]\" of the [*], [*] by\n     [*] \"[*]\". Inktomi makes [*] to [*] in the database. Inktomi and Customer\n     agree to work to provide a solution that provides [*] of [*]'s [*] or\n     otherwise affecting the [*] quality of the Database.\n\n          Directory Services. Inktomi will provide directory services to\n     Customer through the Inktomi Directory Engine (anticipated release date\n     [*]) for a period of [*] following the date such directory\n     services are first made publicly available by Inktomi. These directory\n     services will consist of\n\n               .    [*] - [*]\n               .    [*] - searches based on an [*] or [*]\n               .    [*] - dynamic categorization of [*], producing [*] \"[*]\"\n\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \n                                   EXHIBIT B\n                                        \n                                 SERVICE FEES\n\n\n     For each broadcast calendar [*] during the Term of the Agreement,\nCustomer shall pay Inktomi [*] service fees equal to the greater of (a) [*]%\nof Net Revenues for the [*]or (b) the Total Results Sets Served charge (as\ndefined below) for such [*].\n\n     The Total Results Sets Served charge for any [*] equals:\n\n     (1) the total number of [*] served during such [*] by the total number\n         of [*] in such [*] (\"Average [*] Served\"),\n\n     (2)  [*] and [*] in accordance with the following [*] schedule\n\n          For the first [*] Average [*]\n            [*]                         [*] per [*] Served\n          For all additional Average [*]\n            [*]                         [*] per [*] Served\n\n     (3)  [*] by the total number of [*] in such [*],\n\n     (4)  [*] an amount for each [*] served during the [*] containing more than\n[*] records as follows:\n\n                [*]                             [*]\n          --------------------          -------------------\n\n          [*]-[*] records               [*] per [*] served ([*]%)\n          [*]-[*] records               [*] per [*] served ([*]%)\n          [*]-[*] records               [*] per [*] served ([*]%)\n          [*]-[*] records               [*] per [*] served ([*]%)\n          [*]-[*] records               [*] per [*] served ([*]%)\n\n\n     These [*] are [*]. Only [*].\n\n     Results sets larger than [*] records may not be used for [*] in conjunction\nwith these [*] prices. This pricing assumes that all [*] in the [*] are\nsimultaneously [*] to the [*].\n\nExample 1:\n--------- \n\n     If [*] for the [*] equals [*] the total number of [*] for the [*]\nequals [*] all of which consisted of between [*] and [*] records, and there are\n[*] in such [*], the [*] would equal the [*] of:\n\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \n     [*]% of [*]                   =    $[*]\n \n     or\n \n     (1)  [*] \/ [*]                =    [*] Avg [*]\n     (2)  [*] x $[*]               =    $[*]\n     (3)  $ [*] x [*]             =    $[*]\n \n\n                                   =    $[*]\n\nExample 2:\n--------- \n\n     If [*] for the [*] equals $[*], the total number of [*] for the month\nequals [*] of which [*] consist of between [*] and [*] records and [*] \nconsist of between [*] and [*] records, and there are [*] in such [*], the [*]\nwould equal the [*] of:\n\n     [*]% of [*]                   =    $[*]\n \n     or\n \n     (1)  [*] \/ [*]                =    [*] Avg [*]\n     (2)  [*] x $[*]               =    $[*]\n     (3)  $ [*] x [*]              =    $[*]\n     (4)  $ [*] x [*]              =    $[*] \n\n                                   =    $[*]\n\nExample 3:\n--------- \n\n     If [*] for the [*] equals $[*], and the total number of [*] for the [*]\nequals [*] all of which consisted of between [*] and [*] records, and there are\n[*] in such [*], the [*] would equal the [*] of:\n\n     [*]% of [*]                   =    $[*]\n \n     or\n \n     (1)  [*] \/ [*]                =    [*] Avg [*]\n     (2)  [*] x $[*]               =    $[*]\n          [*] x $[*]               =    $[*]\n                                        ----------- \n                                   =    $[*]\n\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \n     (3)  $  [*] x [*]             =    $[*]\n \n                                   =    $[*]\n\nExample 4:\n--------- \n\n     If [*] for the [*] equals $[*] and the total number of [*] for the [*]\nequals [*] of which [*] consisted of between [*] and [*] records, [*] consisted\nof between [*] and [*] records, [*] consisted of between [*] and [*] records and\n[*] consisted of between [*] and [*] and there are [*] in such [*], the [*]\nwould equal the [*] of:\n\n     [*]% of [*]                   =    $   [*]\n \n     or\n \n     (1)  [*] \/ [*]                =    [*] Avg [*]\n \n     (2)  [*] x $  [*]             =    $  [*]\n          [*] x $  [*]             =    $  [*]\n                                        -----------\n                                        $  [*]\n \n     (3)  $  [*] x [*]             =    $  [*]\n \n     (4)  [*] x $[*]               =    $  [*]\n          [*] x $[*]               =    $  [*]\n          [*] x $[*]               =    $  [*]\n                                        -----------\n                                        $  [*]\n \n                                   =    $  [*]\n \n\n     [*] service fees shall be paid in [*] within [*] ([*]) calendar days\nfollowing the [*] of each [*].\n\n\n\n\n[*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO \nTHE OMITTED PORTIONS.\n\n \n                                   EXHIBIT C\n\n                 INKTOMI ATTRIBUTION AND PUBLICITY GUIDELINES\n\n\nAttribution on Results Pages:  A \"Powered by Inktomi\" style attribution line\nwith logo which provides a link to Inktomi's Web site located at www.inktomi.com\nwill appear on all Results Pages.  The message will have a tertiary presence to\nthe (1) Customer Service and (2) Customer brand presences on the page\n\nPress and Media Communications (press releases and media interviews and events):\nReleases, interviews and events that relate to Inktomi Technology underlying\nCustomer Services will contain a discussion of the technology in appropriate\ndetail, and the Inktomi Technology will be attributed to Inktomi.\n\nInktomi will receive attribution in press releases regarding HotBot (and other\nCustomer Services incorporating the Services) that primarily speak to issues of\nWeb page searching.  This will include but not necessarily be limited to press\nreleases about Inktomi Technology functionality and awards for HotBot (and other\nCustomer Services incorporating the Services) that are awarded based on Web\nsearch prowess.\n\nThe attribution will be placed above the description of Wired (customarily found\nat the bottom of the release) and may be included in an \"About HotBot\" section\nof the release.  The minimum text will be:  \"HotBot's Web searching is powered\nby technology from Inktomi Corporation.\"\n\nCustomer Service\/Customer Advertisements and Marketing Materials:  Inclusion of\nInktomi and technology attribution to Inktomi will be in the sole discretion of\nCustomer.\n\nCross-Marketing:  The parties will participate in cross-marketing opportunities\nas they may mutually agree, including by way of example graphical cross-links\nbetween the parties' Web sites and Customer Service.\n\n \n                                   EXHIBIT D\n\n                         CUSTOMER PUBLICITY GUIDELINES\n\n\nConsistent with support Customer's efforts to brand and promote Customer\nServices, Inktomi will refer to Customer Services and specifically the HotBot\nservice in a manner consistent with Customer's positioning strategy.\nAccordingly, the parties have agreed that references substantially consistent\nwith the sample language set forth below will be deemed acceptable and approved,\nas such guidelines may be modified from time to time by mutual agreement of the\nparties.  For any Customer\/Customer Service reference outside the scope of such\npre-approved language, Inktomi will provide Customer with advance review of the\nrelevant press release, advertising, or marketing materials as provided in\nSection 3.1.\n\nSample Pre-Approved Constructions:\n\n.    HotBot, the Wired search engine, is powered by technology from Inktomi\n     Corporation.\n\n.    Wired's HotBot search engine, powered by Inktomi technology.\n\n.    Other partners leveraging Inktomi technology in commercial search engines\n     include Wired in the U.S. (www.hotbot.com), OzEmail in Australia\/New\n                                --------------\n     Zealand (www.anzwers.com.au) and NTT in Japan (www.goo.ne.jp).\n              ------------------                    -------------\n\n.    Radar UOL offers advanced capabilities similar to those developed by\n     Inktomi for partners Wired, OzEmail and NTT.\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7859,8096],"corporate_contracts_industries":[9510],"corporate_contracts_types":[9613,9620],"class_list":["post-42351","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-inktomi-corp","corporate_contracts_companies-lycos-inc","corporate_contracts_industries-technology__programming","corporate_contracts_types-operations","corporate_contracts_types-operations__services"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42351","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42351"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42351"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42351"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42351"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}