Defined terms used in this document shall be as defined in AOL's Content Distribution Agreement.
1. LINKED SITE INFRASTRUCTURE
ICP will be responsible for all communications, hosting and connectivity costs and expenses associated with the Linked Site. ICP will provide all hardware, software, telecommunications lines and other infrastructure necessary to meet traffic demands on the Linked Site from the AOL Network. ICP will design and implement the network between the AOL Service and Linked Site such that (i) no single component failure over which ICP exercises control will have a materially adverse impact on AOL Members seeking to reach the Linked Site from the AOL Network and (ii) no single line under material control by ICP will run at more than 70% average utilisation for a 5-minute peak in a daily period. At AOL's request, ICP will provide a detailed network diagram regarding the architecture and network infrastructure supporting the Linked Site.
2. OPTIMISATION; SPEED
(i) ICP will use commercially reasonable efforts to ensure
that the functionality and features within the Linked Site
are optimised for the client software then in use by AOL
Members and supported by AOL, and do not require an upgrade
to the user's browser software or the download of plug-ins
(except where agreed with AOL in advance). In order to comply
with this obligation, ICP may consult the technical information
made available by AOL concerning the AOL Service at http://webmaster.aol.com;
(ii) ICP will ensure that the Linked Site is designed and populated in a manner that minimises delays when AOL Members attempt to access such site. At a minimum, ICP will ensure that each page of the Linked Site loads fully (including all graphics) within thirty (30) seconds of a request on average. Prior to commercial launch of any material ICP Content, ICP will permit AOL, upon request, to conduct performance and browser compatibility testing of the Linked Site (in person or through remote communications).
(iii) ICP shall implement all necessary measures to ensure that AOL members who access the Linked Site using any browser which is compatible with the P3P privacy standard (including without limitation Microsoft Internet Explorer 6.XX) with privacy settings set to default are not required to take any further step to fully access that site without receiving error messages or experiencing other interruptions.
3. USER INTERFACE
ICP will maintain a graphical user interface within the Linked Site that is competitive in all material respects with interfaces of other similar sites based on similar technology. Accordingly, AOL reserves the right to review the user interface and site design prior to launch of the ICP Content, which launch shall be subject to AOL's approval of the interface and design (such approval not to be unreasonably withheld).
4. TECHNICAL PROBLEMS
ICP agrees to use all reasonable efforts to address any material technical problem over which ICP exercises control and which affects use by AOL Members of the Linked Site including, without limitation, infrastructure deficiencies producing user delays (an "ICP Technical Problem") promptly following notice thereof or otherwise becoming aware of the same. If ICP fails to promptly resolve an ICP Technical Problem, AOL will have the right to suspend the display of the ICP Content it provides to ICP until such time as ICP corrects the ICP Technical Problem.
ICP will ensure that the performance and availability of the Linked Site is monitored on a continuous (24 X 7) basis. ICP will provide AOL with contact information (including e-mail, phone, pager and fax information, as applicable, for both during and after business hours) for ICP's principal business and technical representatives, for use in cases when issues or problems arise with respect to the Linked Site. If AOL is unable to contact such a representative of ICP in relation to an ICP Technical Problem within a reasonable time of the problem arising, AOL shall be entitled to deem notice of that problem given to ICP. AOL shall be entitled to apply parental controls to all or part of the Linked Site.
(i) ICP will use Internet standard encryption technologies
(e.g., 128 bit Secure Socket Layer - SSL) to provide
a secure environment for conducting transactions and/or transferring
private member information (including without limitation
credit card numbers, banking/financial information, and member
address information) to and from the Linked Site. At AOL's
request, ICP will facilitate AOL's review of the
Linked Site in order to evaluate the security risks of
(ii) ICP will notify AOL of any breach of security which does or may affect AOL Members and shall comply with AOL's escalation procedures as notified to ICP.
(iii) ICP will promptly remedy any security risks or breaches of security as may be identified by AOL's Operations Security team or of which ICP may otherwise become aware.
(iv) ICP will not request AOL passwords from AOL Members, or any other information that could reasonably be construed to relate to AOL's Member accounts.
(v) ICP shall adopt a user verification process in accordance with guidelines as may be reasonably determined by AOL from time to time.
7. TECHNICAL PERFORMANCE
(i) ICP will design the Linked Site to support the AOL-Client
embedded versions of the Microsoft Internet Explorer 4.XX
and 5.XX browsers (Windows and Macintosh), the Netscape
4.XX and 6.XX browsers and make commercially reasonable
to support all other AOL browsers listed at: http://webmaster.aol.com.
ICP shall program the Linked Site in accordance with World
Wide Web Consortium (or "W3C") standards and
shall not use browser specific coding. ICP shall not require
or encourage AOL members to use an external browser to
view the Linked Site.
(ii) ICP will design its site to support HTTP 1.0 or 1.1 as defined in RFC 1945 and to adhere to AOL's parameters for refreshing or preventing the caching of information in AOL's proxy system (including static and dynamic content, and cookies) as outlined in the document provided at: http://webmaster.aol.com. ICP is responsible for the manipulation of these parameters in web based objects so as allow them to be cached or not cached as outlined in RFC 1945.
(iii) Prior to releasing new material, functionality or features through the Linked Site ("New Functionality"), ICP 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, functionality or features through the Linked Site be released without notification to AOL, AOL will have the right to suspend the display of the Promotions it provides to ICP until such time that compatibility tests are performed to AOL's satisfaction.
(iv) To the extent ICP creates customised pages on the Linked Site for AOL Members, ICP shall develop and employ a methodology to detect AOL members (by way of example only, by examining the http User-Agent field in order to identify the AOL Member-Agents, as listed at http://webmaster.aol.com.
8. CUSTOMISED SITE
If ICP creates a customised version of the Linked Site in accordance with the Agreement then these Technical Operating Standards will apply equally to that site and, without limiting the generality of the foregoing, ICP will bear responsibility for all aspects of the implementation, management and cost of that site.