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- Merchant Site Infrastructure. Merchant will be responsible for all communications, hosting and connectivity costs and expenses associated with the Merchant Site. Merchant will provide all hardware, software, telecommunications lines and other infrastructure necessary to meet traffic demands on the Merchant Site from the AOL Network. Merchant will design and implement the infrastructure and network between the AOL Service and Merchant Site such that (i) no single component failure will have a materially adverse impact on AOL Members seeking to reach the Merchant Site from the AOL Network and (ii) sufficient bandwidth is maintained to handle sustained load and regular spikes in traffic. In the event that Merchant elects to create a custom version of the Merchant Site in order to comply with the terms of this Insertion Order, Merchant will bear responsibility for all aspects of the implementation, management and cost of such customized site.
- Optimization; Speed: Merchant will use commercially reasonable efforts to ensure that: (a) the functionality and features within the Merchant Site are optimized for the client software then in use by AOL Members; and (b) the Merchant Site is designed and populated in a manner that minimizes delays when AOL Members attempt to access such site. At a minimum, Merchant will ensure that the Merchant Site's data transfers initiate within fewer than five (5) seconds on average. Prior to commercial launch of any material promotions described herein, Merchant will permit AOL to conduct performance testing of the Merchant Site (in person or through remote communications), with such commercial launch not to commence until such time as AOL is reasonably satisfied with the results of any such testing.
- Technical Problems: Merchant agrees to use commercially reasonable efforts to address material technical problems (over which Merchant exercises control) affecting use by AOL Members of the Merchant Site (an "Merchant Technical Problem") promptly following notice thereof. In the event of a Merchant Technical Problem (including, without limitation, infrastructure deficiencies producing user delays), AOL will have the right to regulate the promotions it provides to Merchant hereunder until such time as Merchant corrects the Merchant Technical Problem at issue.
- Monitoring: Merchant will ensure that the performance and availability of the Merchant Site is monitored on a continuous basis. Merchant will provide AOL with contact information (including email, phone, pager and fax information, as applicable, for both during and after business hours) for Merchant's principal business and technical representatives, for use in cases when issues or problems arise with respect to the Merchant Site.
- Security: Merchant will utilize Internet standard encryption technologies (e.g., Secure Socket Layer – SSL) to provide a secure environment for conducting transactions and/or transferring private member information (e.g., credit card numbers, banking/financial information, and member address information) to and from the Merchant Site. Merchant will promptly remedy any security risks or breaches of security as may be identified.
- Technical Performance:
- Merchant will design the Merchant Site to support the AOL-client embedded versions of the Microsoft Internet Explorer 5.XX and 6.XX browsers (Windows and Macintosh) and the Netscape Browser 6.XX and 7.XX and make commercially reasonable efforts to support all other AOL browsers listed at: "http://webmaster.info.aol.com."and employ a methodology to detect AOL members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "http://webmaster. info.aol.com/").
- To the extent Merchant creates customized pages on the Merchant Site for AOL Members, Merchant will develop and employ a methodology to detect AOL Members (e.g. examine the HTTP User-Agent field in order to identify the "AOL Member-Agents" listed at: "http://webmaster. info.aol.com)."
- Merchant will periodically review the technical information made available by AOL at http://webmaster.info.aol.com.
- Merchant acknowledges that AOL employs host and client-side caching technologies to improve end-user performance. Merchant further acknowledges that these technologies are controlled through the use of industry-standard HTTP version 1.0 and version 1.1 headers transmitted by the origin server which is under Merchant's control. Complete information about these protocols can be found in RFC 1945 and RFC 2616, and details about AOL's implementation of those protocols can be found at http://webmaster.info.aol.com. Merchant will make best efforts to ensure that the Merchant Site conforms to these industry-standard protocols to provide a high quality experience for AOL Users.
- Prior to releasing material, new functionality or features through the Merchant Site ("New Functionality"), Merchant will use commercially reasonable efforts to (i) test the New Functionality to confirm its compatibility with AOL Service client software and (ii) provide AOL with written notice of the New Functionality so that AOL can perform tests of the New Functionality to confirm its compatibility with the AOL Service client software. Should any new material, new functionality or features through the Merchant Site be released without notification to AOL, AOL will not be responsible for any adverse member experience until such time that compatibility tests can be performed and the new material, functionality or features qualified for the AOL Service.
- AOL Internet Services Merchant Support: AOL will provide Merchant with access to the standard online resources, standards and guidelines documentation, technical phone support, monitoring and after-hours assistance that AOL makes generally available to similarly situated web-based partners. AOL support will not, in any case, be involved with content creation on behalf of Merchant or support for any technologies, databases, software or other applications which are not supported by AOL or are related to any Merchant area other than the Merchant Site. Support to be provided by AOL is contingent on Merchant providing to AOL demo account information (where applicable), a detailed description of the Merchant Site's software, hardware and network architecture and access to the Merchant Site for purposes of such performance testing as AOL elects to conduct.