Yahoo! Application Programming Interface Terms and Conditions

These Yahoo! Application Programming Interface Terms and Conditions (this "Agreement") are a binding, legal agreement, between Yahoo! Inc. and its Affiliates (“Yahoo!,” “us” or “we”) and You, the individual or entity entering into this Agreement (“You”). This Agreement governs Your license and access to Yahoo! APIs (individually and collectively, the “Yahoo! APIs”) and their specifications (the “Yahoo! API Specifications”) and is binding upon You whether You are acting on Your own behalf or are acting on behalf of a third party, such as an Account Owner. If You are acting on behalf of a third party that is being issued Yahoo! API Credentials for the Yahoo! APIs, You represent that You have the authority to manage and access the account of such party. Similarly, You agree to ensure that any agent, representative, employee or other person or entity acting on Your behalf in connection with accessing the Yahoo! APIs complies with the terms of this Agreement. You understand that You are responsible and liable for the acts and omissions of anyone accessing the Yahoo! APIs on Your behalf, including such person’s or entity’s failure to comply with this Agreement. If a person or entity is accessing the Yahoo! APIs on Your behalf, “You” or “Your” shall be deemed to include any such person or entity.

By using the Yahoo! APIs, You are agreeing to the terms of this Agreement. If you disagree with any of the terms in this Agreement, Yahoo! does not grant you a license to use the Yahoo! APIs. The Yahoo! APIs are a feature of Yahoo!’s various advertising programs and You acknowledge that any use of the Yahoo! APIs in connection with those programs, including, but not limited to, production access to APT from Yahoo!, may be subject to additional, separate (i.e., stand alone) agreements between You and the applicable Yahoo! entity.

1. Definitions

To “access” or “use” the "the Yahoo! APIs" means: (i) any use of the Yahoo! APIs including, without limitation, using the Yahoo! APIs to communicate with any Yahoo! server or Yahoo! commercial advertising account; (ii) any use of the Yahoo! API Specifications including, without limitation, any use of the services or data types described within the Yahoo! API Specifications; and/or (iii) the use, distribution and/or development of a Yahoo! API Client.

An "Account Owner" means the owner of record of a Yahoo! commercial advertising account or a person or entity whom the owner of record has authorized to access and manage that account.

“Affiliate” of a party means an entity that controls, is controlled by or is under common control with that party, where “control” means the power to direct the management and policies of such entity or ownership of at least fifty (50) percent of such entity, and includes that entity’s officers, directors, agents, employees, successors and assigns.

“Yahoo! API Client" means any software that can access or communicate with Yahoo!’s servers using the Yahoo! APIs.

"Yahoo! API Credentials" means a license key provided to You that enables You to access Yahoo!’s servers through the Yahoo! API Client.

"Yahoo! API Data" means any data, information, instruction or content which You provide to Yahoo! and/or that Yahoo! sends back to You (or the Account Owner) using the Yahoo! APIs.

“Yahoo! API Specifications” means all information and documentation Yahoo! provides specifying or concerning the Yahoo! APIs and any Yahoo!-supplied implementations or methods of use of the Yahoo! APIs.

2. Grant of Rights to Use the Yahoo! APIs

1. Permission to Use. Subject to Your compliance with all the terms and conditions of this Agreement, Yahoo! grants You a non-exclusive, non-transferable, non-sublicensable right and license to access and use the Yahoo! APIs, solely using Your own Yahoo! API Credentials or Yahoo! API Credentials that You are expressly authorized to use, and solely for the purposes of: (i) developing a Yahoo! API Client; or (ii) managing a Yahoo! commercial advertising account via the Yahoo! API Client that You either own or are expressly authorized to manage and access. Any Yahoo! API Data that You or the Yahoo! API Client gather or receive from Yahoo! will be limited to information permitted and reasonably necessary to perform Your services under this Agreement.

   At present, there are no fees charged under this Agreement for Yahoo! API access and use, however, at a future date fees may be charged if appropriate and applicable.

2. Restrictions and Requirements of Use.

(1) No Transfer of Materials. You may not disclose or transfer, in whole or in part, Your access to the Yahoo! APIs, Yahoo! API Specifications or Your Yahoo! API Credentials to any third party unless such third party: (i) is Your agent acting on Your behalf; and (ii) has executed a written agreement agreeing to comply with the terms of this Agreement, including protecting Yahoo!’s Confidential Information and intellectual property rights to at least the same degree as this Agreement. You are fully responsible and liable for any use of Your Yahoo! API Credentials. You must notify Yahoo! immediately if Your Yahoo! API Credentials are stolen or leaked.

(2) No Transfer of Yahoo! API Data; Spam. If You are managing and accessing an Account Owner’s account on their behalf, You may not disclose, sublicense, distribute or otherwise transfer, in whole or in part, any Yahoo! API Data to any third party except to the applicable Account Owner. Similarly, (i) neither You nor the Yahoo! API Client shall collect any information from Account Owners without their express permission; (ii) You will not send or facilitate the sending of unsolicited communications of any type or use Account Owner information to solicit users in any way or facilitate or permit third parties to do so; and (iii) You will not solicit users, or facilitate the solicitation by any third party of users, as a result of their status as Account Owners or Yahoo! users.

(3) Security. You will use Your best efforts to ensure that the Yahoo! API Data, Your Yahoo! API Credentials and the Yahoo! API Specifications are kept confidential (in accordance with subsection V. b. below) and maintained in a secure environment at all times, according to commonly acceptable security standards for enterprise data. All data transfers using the Yahoo! APIs shall be secured using at least 128 Bit SSL encryption, or for transmissions directly with Yahoo!, at least as secure as the protocol being accepted by Yahoo! API servers. If You are managing and accessing an Account Owner’s account on their behalf, You shall safeguard the privacy and security of all information You collect from and provide to such Account Owner. Similarly, any use by You or the Yahoo! API Client of Account Owner information is subject to Your privacy policy, which shall be adequately displayed throughout the Yahoo! API Client and meets current industry and legal standards. If You discover or suspect any security flaw or security issue related to Your use of the Yahoo! APIs, You will report it immediately to security@yahoo-inc.com.

(4) Yahoo! API Clients.

(A) Without limiting any other restrictions set forth in this Agreement, neither You nor the Yahoo! API Clients will: (i) use or transfer Yahoo! API Data except as expressly permitted under this Agreement; (ii) collect personally identifiable information from any person without obtaining such person’s express, affirmative and informed consent to do so; (iii) co-mingle any Yahoo! API Data with the data or content of any third party; (iv) interfere or attempt to interfere with the proper workings of the Yahoo! APIs or interfere with or attempt to interfere with any monitoring by Yahoo! of Yahoo! API activity; (v) use any automated means other than the Yahoo! APIs, including, without limitation, agents, robots, scripts or spiders, to access, query or otherwise collect Yahoo!-related information (including, without limitation, Yahoo! API Data) from Yahoo! or any Yahoo! partner site; (vi) attempt to bypass or circumvent any Yahoo! security measures relating to the Yahoo! APIs; (vii) take any action that imposes an unreasonably or disproportionately large burden on Yahoo!’s infrastructure, including the Yahoo! APIs, as determined by Yahoo! in its sole discretion; or (viii) otherwise engage in any practice in connection with Your use of the Yahoo! APIs that might reasonably be considered to be unlawful, fraudulent, deceptive, unethical or misleading.

(B) The Yahoo! API Clients shall: (i) comply with all applicable laws, rules and regulations and not infringe the intellectual property rights of any third party; (ii) if You are managing and accessing an Account Owner’s account on their behalf, enable the applicable Account Owner to associate their account(s) with the services and/or functionality You provide via the Yahoo! API Client; and (iii) use the most current version of the applicable Yahoo! APIs. You shall update all Yahoo! API Clients within ninety (90) days following the release of a new version of the applicable Yahoo! APIs and cease distribution of any Yahoo! API Client using the prior version of the applicable Yahoo! APIs within such ninety (90) day period. You understand that Yahoo! may cease all support of prior versions of the Yahoo! APIs at any time.

3. Reservation of Rights. Yahoo! reserves all rights not expressly granted to You herein. As between You and Yahoo!, Yahoo! and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright and other proprietary rights) in and to the Yahoo! APIs, the Yahoo! API Specifications, Your Yahoo! API Credentials, all Yahoo! websites and all Yahoo! programs and services, as well as any derivative works in connection therewith. Except as otherwise expressly set forth in this Agreement, all rights granted herein are not sublicenseable, transferable or assignable.

3. Additional Requirements Related to Your Use of the Yahoo! APIs

1. Compliance. You must comply with all applicable laws, rules and regulations, all third party rights and all applicable Yahoo! policies in connection with Your use of the Yahoo! APIs and Yahoo! API Specifications. You will make the Yahoo! API Client available to Yahoo! for inspection and review upon reasonable notice and, if You are managing and accessing an Account Owner’s account on their behalf, You will provide Yahoo! with a list of Account Owners that You are managing using the Yahoo! API Client. Yahoo! and its Affiliates shall not have any liability for any suggestions made to You (or the Account Owner(s)) in connection with the use of the Yahoo! APIs, Yahoo! API Specifications and/or Yahoo! API Client, nor for any changes made based on such suggestions.

2. Account Owner Opt-Out. If You are managing and accessing an Account Owner’s account on their behalf, You acknowledge and understand that any Account Owner may disassociate their Yahoo! commercial advertising accounts from Your services and prevent You from using their Yahoo! API Credentials to access their Yahoo! commercial advertising accounts at any time without notice to You. You agree to provide an easy to use, accessible, conspicuous and readily available opt-out method for Account Owners that desire You or the Yahoo! API Client to stop accessing their account and to promptly comply with such opt-out.

3. Yahoo! Trademark Use. Unless otherwise set forth in a separate agreement between You and Yahoo!, and except as may be necessary in Your Yahoo! API Client to textually reference Yahoo!, You will not use any Yahoo! or Yahoo! Affiliate name, trademark, logo, service mark and/or trade name (the “Trademark” or “Trademarks”) in connection with this Agreement. Upon Yahoo!’s request, You will remove or replace any Trademark within three (3) business days upon receiving such request. Except as otherwise provided herein, all use, display or reproduction of the Trademarks must be pre-approved by us in writing and in accordance with this Agreement and the Yahoo! Trademark Guidelines attached hereto as Exhibit A. Your use of the Trademarks does not confer or imply any ownership, goodwill or other rights in the Trademarks. You acknowledge that all right, title and interest in the Trademarks and the goodwill pertaining thereto automatically vests in Yahoo! or its applicable Affiliate, and at all times will remain owned by and in the name of Yahoo! or its applicable Affiliate. You will not, at any time, in any jurisdiction, challenge or assist third parties in challenging Yahoo!’s rights in any of the Trademarks, nor attempt to register or use any of the Trademarks or any word, symbol, device or combination thereof confusingly similar to any Trademark.

4. Access to Yahoo! Systems (Sessions). If the Yahoo! API Client logs into any Yahoo! system, it must also log out for each session it creates because the Yahoo! system may not automatically end sessions by time-out.

5. Display of Content. Information obtained via the Yahoo! APIs must be: (i) displayed only within the Yahoo! API Client; and (ii) disclosed only to the Account Owner to whom such information directly pertains, consistent with this Agreement.

6. Required Disclosures. You must display a prominent disclosure on the Yahoo! API Client that the Account Owner’s Yahoo! API Credentials, account information and Yahoo! API Data are communicated to and from Yahoo! and its Affiliates via the public Internet. In addition, You must display a statement substantially similar to the following statement on the same screen as, and immediately above, every place within the Yahoo! API Client where a user enters, edits or modifies the Account Owner’s Yahoo! API Credentials: “You are about to provide Your personal Yahoo! account information to [INSERT YOUR NAME]. By so doing You are designating [INSERT YOUR NAME] to act as Your authorized agent to make changes to Your Yahoo! account. You are liable to Yahoo! for any charges to Your account made using Your account information. Yahoo! is not responsible for errors made by or through the use of this product or service.”

7. Messaging. You shall not describe Yourself and/or the Yahoo! API Client as being in any way endorsed by Yahoo!, including describing the Yahoo! API Client as “endorsed,” “certified,” “authorized,” “preferred,” “selected” or “chosen” by Yahoo! except that You may, upon our prior written approval and provided that You are in compliance with this Agreement, describe the Yahoo! API Client as a “Yahoo!-approved third party service” or “Yahoo!-approved third party application.” You shall not refer to Your relationship with Yahoo! or any of its Affiliates as a partnership or alliance of any kind, but You may describe Your relationship with us as an “agreement.”

4. Yahoo!’s Rights and Obligations related to Use of the Yahoo! APIs

1. No Guaranteed Access to Yahoo! APIs. Yahoo! may suspend or terminate Your access to the Yahoo! APIs, or modify any of the Yahoo! API Specifications or methods of accessing the Yahoo! APIs, for any or no reason at any time without notice. You acknowledge that You are solely responsible for all necessary data backup and for ensuring that, if You are managing and accessing an Account Owner’s account on their behalf, You can manage the applicable Yahoo! commercial advertising accounts without access to the Yahoo! APIs. This Agreement does not create any right to rely upon the continued availability of and/or access to the Yahoo! APIs and/or the Yahoo! API Specifications. You expressly waive any right to assert any estoppel claim, contract claim or any other legal claim relating to the availability of and/or access to the Yahoo! APIs and/or the Yahoo! API Specifications.

2. Yahoo! Monitoring. Yahoo! has the right (but not the obligation) to monitor any Yahoo! API activity for any lawful purpose, including, without limitation, to ensure compliance with this Agreement and/or to improve Yahoo!’s products and services. You shall not interfere with or attempt to interfere with such monitoring or otherwise obscure from Yahoo! Your Yahoo! API activity. Yahoo! may use any technical means to overcome such interference.

3. Usage and Quotas. Yahoo! may, at any time and in its sole discretion, set a quota on Your usage of the Yahoo! APIs or on the amount of data You can transfer using the Yahoo! APIs. You shall not exceed any such quotas, or take any action designed to or that has the effect of, increasing or avoiding such usage quotas. Yahoo! may also impose limits on certain features and services or restrict Your access to parts or all of the Yahoo! APIs or Yahoo! websites without notice or liability.

4. Technical Support and Training. In its sole discretion, Yahoo! may elect to provide You with technical support for the Yahoo! APIs and/or Yahoo! API Specifications, and may terminate or modify such support at any time without notice or liability to You. You agree to ensure that any of Your personnel who market the Yahoo! API Client shall become and remain knowledgeable about the Yahoo! APIs and the Yahoo! API Client.

5. Publicity. Yahoo! may use Your name and/or logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, research and marketing case studies and other promotional activities. Except as provided in the preceding sentence, neither party will issue a press release or make any public announcement regarding the existence, subject matter or terms of this Agreement without the other party’s prior express written consent as to the issuance and substance of such release or announcement.

6. Data. As between the parties, You, or if You are managing and accessing an Account Owner’s account on their behalf, the Account Owner, own and retain all right, title and interest (subject to the limitations set forth in this Agreement if You are managing and accessing an Account Owner’s account on their behalf) in and to all data derived from Your use of the Yahoo! APIs and Yahoo! API Client, provided, however, that You hereby grant us the right to use and disclose data derived from Your use of the Yahoo! APIs solely: (i) as part of our business operations, to use and disclose aggregate statistics obtained and/or derived in connection with Your use of the Yahoo! APIs in a manner that prevents individual identification of You or Your information (or the Account Owner’s, as applicable); (ii) to (a) perform our obligations under this Agreement; (b) operate, manage, test, maintain and enhance the Yahoo! APIs and other Yahoo! products, programs and/or services; and/or (c) protect the Yahoo! APIs from what, in our reasonable determination, is a threat to the Yahoo! APIs or other Yahoo! products, programs and/or services; (iii) if required by court order or law or required or requested by any governmental agency; and/or (iv) as otherwise expressly authorized by You.

7. Competing Applications. Notwithstanding anything to the contrary in this Agreement, Yahoo! has the right to develop, create, obtain, modify, transfer, provide and/or distribute, whether privately, commercially, or otherwise, any and all applications (including third party applications) in connection with Yahoo!’s commercial advertising programs and/or the Yahoo! APIs (“Competing Applications”), regardless of the means, methods, applications, materials or processes employed by Yahoo!, and regardless of whether such Competing Applications include some or all the functionality of the Yahoo! API Client or the Yahoo! APIs. Yahoo! and its Affiliates will not be subject to, nor liable for, any claims in connection therewith.

5. General Terms and Conditions.

1. Termination. Any licenses expressly granted in this Agreement will terminate automatically without notice if You fail to comply with any provision of this Agreement. Yahoo! reserves the right to terminate this Agreement or discontinue the Yahoo! APIs or any portion or feature thereof (including, without limitation, the Yahoo! API Specifications) for any or no reason and at any time without incurring any liability. You may terminate this Agreement by sending written notice of Your desire to terminate to ews-info@yahoo-inc.com (or such other email address as may be provided by Yahoo! from time to time). This Agreement will be deemed terminated within ten (10) business days of Yahoo!’s receipt of Your notice. Upon any termination or notice of any discontinuance, You shall immediately: (i) stop and thereafter desist from using the Yahoo! APIs; (ii) stop distributing and developing the Yahoo! API Client(s); (iii) delete and/or return all Yahoo! API Specifications in Your possession or control (including, without limitation, from the Yahoo! API Client(s) and from Your servers); and (iv) if requested by Yahoo!, certify in writing as to such destruction or return. Yahoo! may independently communicate with any Account Owner whose accounts are associated with the Yahoo! API Credentials, including to provide notice of the termination of Your right to use the Yahoo! APIs and any resulting consequences. All provisions that by their nature extend past the termination or expiration of this Agreement shall survive and will continue to bind each party in accordance with their terms, including, but not limited to, Section V.

2. Confidentiality. You shall not disclose Yahoo!’s Confidential Information to any third party without Yahoo!’s express prior written consent, provided, however that You may disclose Yahoo’s Confidential Information only to Your employees, representatives and agents who have a reasonable need to know such information and who are bound to keep such information confidential in a manner consistent with this Agreement. “Confidential Information” of Yahoo! means all nonpublic or proprietary information of Yahoo!, including, without limitation: (a) all Yahoo! technology, programming, software specifications, materials, guidelines and documentation relating to the Yahoo! APIs; (b) the Yahoo! API Specifications; and (c) any other information designated by Yahoo! as "Confidential" or “Proprietary” or a similar designation, or any other information which should reasonably be understood to be confidential or proprietary to Yahoo!. The obligations set forth above will not apply to Yahoo!’s Confidential Information that You can document is generally available to the public (other than through a breach of this Agreement). You may also disclose Yahoo! Confidential Information that is required to be disclosed in response to a valid court order or other governmental authority, provided that You provide Yahoo! with sufficient prior written notice to permit Yahoo! the opportunity to seek a protective order. You will use reasonable efforts to seek confidential treatment of such Confidential Information (in the absence of a protective order), and disclose only that portion of information that is legally required to be disclosed.

3. Indemnification. You shall indemnify, defend and hold Yahoo! and its Affiliates harmless from and against any and all third-party claims, actions, losses, damages, liability, costs and expenses (including reasonable attorney’s fees), arising out of or in connection with: (i) Your use of the Yahoo! APIs, Yahoo! API Credentials, Yahoo! API Data or Yahoo! API Specifications; (ii) any breach by You of this Agreement; (iii) Your development, use, operation or distribution of the Yahoo! API Client, including, without limitation, any infringement of any third-party proprietary rights by such application; and/or (iv) any dispute between You and any Account Owner or third party related to Your use of the Yahoo! APIs or Your management or access of an Account Owner’s Yahoo! commercial advertising account (collectively, “Claims”). You will be solely responsible for defending any Claims, subject to Yahoo!’s right to participate at its own expense with counsel it selects, and You will not agree to any settlement of such Claims without Yahoo!’s prior written consent.

4. Disclaimer and Limitation of Liability. YAHOO! DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES FOR NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YAHOO! PROVIDES THE YAHOO! APIS, YAHOO! API CREDENTIALS AND YAHOO! API SPECIFICATIONS ON AN “AS IS” BASIS. WITHOUT LIMITING THE ABOVE, YAHOO! DOES NOT WARRANT THAT THE YAHOO! APIS WILL BE ERROR FREE OR AVAILABLE WITHOUT INTERRUPTION OR BUGS. YAHOO! AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, LOSS PROFITS, BUSINESS INTERRUPTION, LOSS OF OR INTERRUPTED ACCESS TO INFORMATION, DATA OR OTHER SIMILAR DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

   THE YAHOO! APIS, YAHOO! API CREDENTIALS AND YAHOO! API SPECIFICATIONS ARE MADE AVAILABLE PRIMARILY AS A CONVENIENCE TO YOU AND, AS SUCH, YOU AGREE THAT THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK BETWEEN THE PARTIES.

5. Modification. Yahoo! may modify this Agreement at any time and in its sole discretion, by posting the modified Agreement on the applicable Yahoo! website or by e-mail, and such modified Agreement shall supersede and replace the previous version. If You do not agree to such modifications, Your sole remedy is to terminate this Agreement upon written notice to Yahoo!. Your continued use of the Yahoo! APIs, Yahoo! API Credentials and/or Yahoo! API Specifications and/or development or use of a Yahoo! API Client shall be deemed to be acceptance by You of the modified Agreement.

6. Account Owner Disputes. If You are managing and accessing an Account Owner’s account on their behalf and an Account Owner claims that (i) You are not its authorized agent and it is not legally bound to Yahoo! and/or its Affiliates for charges to its commercial advertising account made as a result of Your actions; or (ii) it has not expressly authorized changes made by You to its commercial advertising account, You shall be liable (jointly and severally with the Account Owner) for all charges resulting from changes made by You to the Account Owner’s commercial advertising account.

7. Miscellaneous. This Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws rules or principles. The jurisdiction and venue for all disputes hereunder shall be the State of California, County of Los Angeles or Santa Clara, and You and Yahoo! consent to personal jurisdiction in those courts. Any claim against Yahoo! and/or its Affiliates will be adjudicated on an individual basis and will not be consolidated in any proceeding with any claim or controversy of any other party. This Agreement represents the entire understanding between the parties and supersedes all prior agreements, oral or written, relating to the subject matter hereof. Yahoo! may provide notices to You, at Yahoo!’s option, by email to the email address provided by You to Yahoo!, or by mail to the postal address provided by You to Yahoo!. It is Your responsibility to ensure that Your email address and any other contact information You provide to Yahoo! is updated and correct. Changes to Your contact information should be sent to Your designated API service representative or via email to ews-info@yahoo-inc.com. All other notices to Yahoo! shall be made in writing to: Yahoo! Inc., ATTN: Legal Department, 2 Park Avenue, Suite 450, New York, NY 10016 and shall be sent by registered or certified first-class mail, return receipt requested, telecopier, courier service or personal delivery and shall be deemed received upon delivery. You and Yahoo! are independent contractors and nothing in this Agreement shall give You the right, power or authority to create any obligation or responsibility on behalf of Yahoo!. No failure or delay on the part of Yahoo! in exercising any right, power or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise or the exercise of any other right, power or remedy. You may not assign this Agreement, or any right or obligation hereunder, to any third party without Yahoo!’s express prior written consent. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the minimum extent necessary without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect this Agreement.

1. You may use the Trademarks solely for the purpose authorized herein by us and only in compliance with the specifications, directions, information and standards supplied by us and modified by us in our discretion from time to time. All specific uses of any Trademarks must be approved in advance by us. Approval can be requested by completing the Request for Approval Form attached as Schedule 1 and including complete samples of each proposed use.

2. You agree to: (i) comply with any requirements established by us concerning the style, design, display and use of the Trademarks; (ii) correctly use the trademark symbol (™) or registration symbol (®) with every use of the trademarks, service marks and/or trade names as part of the Trademarks as instructed by us; (iii) use the registration symbol (®) upon receiving notice from us of registration of any trademarks, service marks and/or trade names that are part of the Trademarks.

3. You may not alter or use the Trademarks in any manner that may dilute, diminish or otherwise damage Yahoo! or its Affiliate’s rights or goodwill in any trademarks, trade names and/or service marks that are part of the Trademarks.

4. You may not use the Trademarks in any manner that implies sponsorship or endorsement by Yahoo! or its Affiliates of services and products other than those provided by Yahoo! or its Affiliates.