To apply to become a Revenue Science Behavior Provider, simply complete the form below and click the "I Agree" button. By clicking the "I Agree" button, you indicate that you have read, and agree to be bound by, our Standard Behavior Provider Terms and Conditions.

After you submit your application, a representative from Revenue Science will call you to review the easy deployment steps and answer any questions you may have. If you would like to speak with us before you submit your application, please contact us at sales@revenuescience.com, or call us at 888-308-3444, Ext. 1724.

REVENUE SCIENCE, INC. STANDARD NETWORK PROVIDER TERMS AND CONDITIONS EFFECTIVE _____________________ These Standard Network Provider Terms and Conditions ("Terms and Conditions") govern the participation of the entity identified in the above form ("Customer") in the Publisher Program. By accepting these Terms and Conditions on behalf of Customer, you represent and warrant that you have requisite legal authority to legally bind Customer to these Terms and Conditions. If you do not have such authority or otherwise do not agree to these Terms and Conditions, please do not apply for or participate in our Publisher Program and do not provide us any information. Your participation in our Publisher Program is subject to RSI's approval, which it may grant or withhold in its sole and absolute discretion. If RSI does not approve your participation in our Publisher Program, the Term is terminated immediately in accordance with Section 5 and you may not participate in our Publisher Program. RSI may not approve your participation in our Publisher Program for no reason or any reason including, without limitation, your having entered into a valid Master Agreement with Revenue Science that contains a Network Provider Addendum. [RSI: Please verify the foregoing limitation is accurate.] Section 1. Definitions. Capitalized terms used in these Terms and Conditions and not otherwise defined herein have the meanings set forth in Section 12. Section 2. Licenses and Other Rights. 2.1 Customer Behavior Data. Subject to these Terms and Conditions, Customer hereby grants to RSI the right and license to do the following during the Term: (a) access, collect, transmit to computers owned or controlled by RSI and analyze the Customer Behavior Data provided to RSI by Customer or collected by RSI from the Web Sites; (b) assemble, combine and synthesize the Customer Behavior Data with Behavior Data relating to users of Third Party Web sites to develop and create Behavior/Audience Segments; (c) use, copy, reproduce, distribute and make derivative works of the Behavior/Audience Segments; and (d) sublicense, with the right to grant further sublicenses, any or all of the rights granted in (a) through (c), above, to Behavior Purchasers and other Third Party licensees of RSI. 2.2 General Restrictions and Limitations. The rights granted to RSI under these Terms and Conditions do not include the right to, and RSI will not directly or indirectly, (a) merge or commingle Customer Behavior Data with PII collected from the Web Sites or any Third Party Web site; (b) sell, license, distribute or otherwise transfer the Customer Behavior Data except as part of a Behavior/Audience Segment; or (c) use the Customer Behavior Data for any purposes not authorized under these Terms and Conditions. 2.3 Customer Responsibilities. Customer will provide RSI with access to the Web Sites and associated computer systems as permitted herein or as otherwise mutually agreed upon by the Parties in order to facilitate RSI's collection, transmission, use and analysis of, and access to, the Customer Behavior Data and such other activities as reasonably necessary for RSI to exercise its rights under these Terms and Conditions. Subject to Section 2.4, Customer will install the RSI Software on computers supporting the operation of the Web Sites to enable RSI to collect and transmit the Customer Behavior Data. Customer authorizes RSI to deploy Web Beacons and Cookie technology on the Web Sites to collect the Customer Behavior Data from and about the users of the Web Sites. 2.4 Software License. RSI hereby grants to Customer a limited, nonexclusive, nontransferable, nonsublicensable license to install and use the RSI Software during the Term on computers supporting the operation of the Web Sites solely to enable RSI to collect and transmit the Customer Behavior Data under these Terms and Conditions. The license in this Section 2.4 sets forth Customer's entire right to use, sublicense, copy, distribute or otherwise deal with the RSI Software. Without limiting the foregoing, Customer will not directly or indirectly (a) reverse engineer, decompile, or disassemble the RSI Software, (b) copy, rent, sell, lease or distribute the RSI Software; provided that, Customer may make a copy of the RSI Software for backup purposes (c) modify or create any derivative works based upon the RSI Software, or (d) remove, obscure or alter any Proprietary Rights notice related to the RSI Software. 2.5 Behavior/Audience Segments. In addition to the rights granted under Section 2.1, RSI may (a) use the Behavior/Audience Segments to create targeted advertising packages for advertisers and sell advertising campaigns to advertisers, and (b) license and distribute the Behavior/Audience Segments to Behavior Purchasers and other licensees for use of the Behavior/Audience Segments by such Behavior Purchasers and licensees to create targeted advertising packages for advertisers and sell advertising campaigns to advertisers Section 3. Customer Behavior Data. As between the Parties, Customer owns all right, title and interest in the Customer Behavior Data and all Proprietary Rights therein. Other than the rights expressly granted to RSI under these Terms and Conditions with respect to the Customer Behavior Data, no right, title or interest in or to any of the Customer Behavior Data or any Proprietary Rights therein is transferred to RSI under these Terms and Conditions. Further, the Customer Behavior Data included as part of a Customer Behavior/Audience Segment may only be licensed to Third Parties and no ownership rights in such Customer Behavior Data will be transferred to any such Third Party licensee. Section 4. Compensation. 4.1 Amount. Subject to the terms and conditions of these Terms and Conditions, RSI will pay to Customer with respect to each RSI Advertising Campaign the applicable Customer Share. "Customer Share" means, with respect to a given RSI Advertising Campaign, an amount calculated by multiplying twenty percent (20%) of the Net RSI Campaign Revenue actually received by RSI as a result of such RSI Advertising Campaign by a fraction, the numerator of which is the total number of unique users of the Customer's Web Site(s) for the RSI Advertising Campaign (as determined by RSI) and the denominator of which is the aggregate number of unique users of the websites of all Behavior Providers (including, without limitation, Customer) whose Behavior Data is used to conduct the RSI Advertising Campaign (as determined by RSI). Payment will be made at the address provided by Customer at the time of accepting these Terms and Conditions. All amounts payable under these Terms and Conditions are denominated in United States Dollars. A minimum amount of $50 must be due to Customer (historical aggregate campaign revenues) prior to issuance of payment by RSI. In the event amounts due to customer are less than $50, RSI shall withhold payment until such time as the amount due Customer reaches or exceeds $50. 4.2 Payment; Reports. 4.2.1 Payment. RSI will pay to Customer the fees payable under Section 4.1 within forty-five (45) days after the end of the applicable RSI Advertising Campaign. RSI will only pay Customer based upon amounts collected from Behavior Purchaser or Advertiser. 4.2.2 Reporting. RSI will submit, together with each payment of fees under Section 4.2.1, a report describing the basis and method for calculating the amount of the fees. 4.3 Offset; Full Payment. RSI will be entitled to withhold, deduct and set off from any payments to be made to Customer hereunder any sums owed by Customer to RSI, whether in connection with these Terms and Conditions (including any breach hereof by Customer) or otherwise. In the event a Behavior Purchaser or RSI Advertising Campaign advertiser does not pay RSI within one hundred twenty (120) days of when the amount is due, then the account will be declared an uncollectible account and no fees will be due or payable to Customer in connection therewith. The sums payable pursuant to Section 4.1 represent the full and entire compensation due to Customer in consideration of the performance of its obligations under these Terms and Conditions. Section 5. Term; Termination. 5.1 Term. The Term will commence on the date of the Agreement and, unless earlier terminated as provided for in this Section 5, will continue for a period of one (1) year (the "Initial Term"). Thereafter, the Term will renew for successive one (1) year periods (each a "Renewal Term" and, together with the Initial Term, the "Term") unless either Party gives the other written notice of termination at least thirty (30) days prior to the end of the then-current Term. 5.2 Termination For Breach. In the event a Party (the "Breaching Party") commits a material breach of these Terms and Conditions and fails to cure such breach within thirty (30) days after the other Party (the "Non-Breaching Party") gives written notice describing the breach, then the Non-Breaching Party may terminate the Term by giving a separate written notice of termination to the Breaching Party. Termination under the preceding sentence will be effective when the termination notice is given or such later date as may be specified in such notice. 5.3 Effect of Termination. Sections 3, 5.3, 6, 7.1, 7.2, 7.4, 7.5, 8 and 10 through 12 of these Terms and Conditions will survive the end of the Term. Section 6. Confidential Information. Discloser reserves any and all right, title and interest (including, without limitation, any Proprietary Rights) that it may have in or to any Confidential Information that is disclosed to or acquired by Recipient under these Terms and Conditions. Recipient will protect Confidential Information of Discloser against any unauthorized use or disclosure to the same extent that Recipient uses to protect its own Confidential Information of a similar nature, but in no event less than a reasonable degree of care. Recipient will not use Confidential Information of Discloser for any purpose other than the purpose for which it is provided by Discloser. Recipient will not disclose Confidential Information of Discloser to anyone other than employees of Recipient who have a need to know such Confidential Information in order for Recipient to perform its obligations under these Terms and Conditions, who have been notified that it is Confidential Information of Discloser and who are bound to maintain the confidentiality of the Confidential Information under terms and conditions similar to those set forth in these Terms and Conditions. This Section 6 does not prohibit any use or disclosure required by applicable law, provided that Recipient gives Discloser advance notice of any such use or disclosure including, without limitation, what Recipient intends to disclose and when so as to provide Discloser with an opportunity to seek a protective or other appropriate relief preventing or minimizing such use or disclosure of its Confidential Information. or any use or disclosure made with the consent of the Discloser. In the event of any breach or threatened breach by the Recipient of its obligations under this Section, the Discloser will be entitled to injunctive and other equitable relief to enforce such obligations. Section 7. Proprietary Rights. 7.1 Ownership. The RSI Website, RSI Technology and RSI Materials involve valuable Proprietary Rights of RSI, its suppliers and Behavior Data licensors. No title to or ownership of any RSI Website, RSI Technology and RSI Materials, or any associated Proprietary Rights, is transferred to Customer under these Terms and Conditions. Without limiting the generality of the foregoing, RSI, and its suppliers and licensors, reserve all right, title and interest (including, without limitation, any and all Proprietary Rights) in and to the RSI Website, RSI Technology and RSI Materials. 7.2 Protection of Proprietary Rights. Customer will take appropriate steps and precautions for the protection of the Proprietary Rights referred to in Section 7.1. Without limiting the generality of the foregoing, Customer will: (a) keep the RSI Website and all RSI Materials secured, under access and use restrictions sufficient to prevent any Unauthorized Use; (b) include in any copy of the RSI Materials made by Customer appropriate notices of RSI's ownership and Proprietary Rights in the same; (c) otherwise use good faith efforts to prevent any Unauthorized Use by any individual accessing the RSI Website, RSI Technology or RSI Materials through Customer. 7.3 Use of Trademarks. Subject to Customer's prior approval in each specific instance, Customer will use commercially reasonable efforts to cooperate with RSI in connection with reasonable and customary press and public relations activities relating to services contemplated by these Terms and Conditions, including, without limitation, the use of the Customer Marks on RSI's Web site and in marketing materials, the issuance of a press release, the creation of one or more case studies or other scenarios describing the nature of the services contemplated by these Terms and Conditions, and similar activities. Customer hereby grants to RSI a nonexclusive, nontransferable, royalty-free, right and license to use the Customer Marks on the RSI Web site and in marketing materials, to identify Customer as a customer of RSI and as otherwise permitted by Customer. 7.4 Customer Marks. Except as set forth in Section 7.3, no right to use any of the Customer Marks is granted under these Terms and Conditions. Customer reserves all right, title and interest in the Customer Marks and all goodwill associated therewith. 7.5 RSI Marks. No right to use any of the RSI Marks is granted under these Terms and Conditions. RSI reserves all right, title and interest in the RSI Marks and all goodwill associated therewith. Section 8. Limitations of Liability. 8.1 Force Majeure. Neither Party will be liable for, or be considered to be in breach of or default under these Terms and Conditions on account of, any delay or failure to perform as required by these Terms and Conditions (except with respect to monetary obligations) as a result of any cause or condition beyond such Party's reasonable control (including, without limitation, any act or failure to act by the other Party). This Section will not apply to any payment obligation of either Party. 8.2 No Consequential Damages. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY) OR OTHERWISE, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR INJURY TO BUSINESS REPUTATION). THE FOREGOING WILL NOT LIMIT THE OBLIGATIONS OF A PARTY FOR ITS VIOLATION OF SECTION 6, ITS VIOLATION OR MISAPPROPRIATION OF THE OTHER PARTY'S PROPRIETARY RIGHTS OR ITS OBLIGATIONS TO INDEMNIFY THE OTHER PARTY. 8.3 Limitation of Liability. RSI'S TOTAL LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY), OR OTHERWISE, ARISING OUT OF OR RELATING TO ANY NETWORK SERVICES, SOFTWARE, REPORTS OR OTHER ITEMS OR SERVICES FURNISHED BY OR ON BEHALF OF RSI UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE TOTAL COMPENSATION PAID BY CUSTOMER TO RSI UNDER THESE TERMS AND CONDITIONS WITH RESPECT TO SUCH ITEMS OR SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ASSERTION OF THE RELEVANT CLAIM. Section 9. Privacy. 9.1 NAI Principles. Customer acknowledges that RSI is a member of NAI and agrees that the Network Services are subject to the NAI Self-Regulatory Principles for Online Preference Marketing by Network Advertisers available at www.networkadvertising.org (collectively, the "NAI Principles"). 9.2 Obligations of Customer. Customer shall comply with all Laws to the extent applicable to Customer regarding the Web Sites or its use of the Network Services, and maintain and make available on each of the Web Sites a privacy policy that includes any and all disclosures and election procedures that may be required under applicable Laws in light of the Network Services contemplated by these Terms and Conditions, including, without limitation, a privacy policy that fully and completely discloses to users of the Web Sites the practices of Customer, RSI or other Third Parties with respect to the collection, use and disclosure of PII, non-PII, Cookies, Web Beacons and similar matters (including, without limitation, any correlation or merger of information provided by RSI). Without limiting the foregoing, Customer shall post and maintain a privacy policy that (a) clearly and conspicuously discloses (i) the Customer's use of the applicable Network Services, including with respect to the collection, use and disclosure of Non-PII, Cookies, Web Beacons and similar matters; (ii) the type of information that may be collected by RSI; and (iii) the consumer's ability to choose not to participate; and (b) provides a clear and conspicuous link to either (i) the NAI Non-PII Opt-Out Page at http://www.networkadvertising.org/optout_nonppii.asp or (ii) RSI's opt-out web page designated by RSI if Customer only uses RSI for services similar to the Network Services. Customer shall not configure any RSI Software, Cookie or Web Beacon that is used in connection with the Network Services to capture and transmit any PII to RSI. An example of language Customer may use for the foregoing opt-out is as follows: "We use third-party advertising companies and advertising networks to serve ads to you on our behalf when you visit our Web site. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://www.networkadvertising.org/optout_nonppii.asp." 9.3 Obligations of RSI. RSI shall (a) comply with all Laws to the extent applicable to RSI related to the Network Services and (b) post and maintain a privacy policy that fully and accurately discloses its practices with respect to Cookies, Web Beacons, and data or other information obtained from customers or users of the Web Sites or users of other Third Party web sites. 9.4 No PII. Notwithstanding any provision to the contrary, RSI shall have no obligation to collect, process, compile, merge or otherwise provide any PII to Customer associated with any Network Services. 9.5 Change in Circumstances. In the event of (a) any change in Law or enforcement of Law, (b) any judicial or regulatory decision or action, or (c) any modification of Customer's privacy policy where any of the foregoing prohibits or materially impairs RSI's ability to provide any Network Services or potentially subjects RSI or Customer to claims of Third Parties or enforcement authorities, RSI or Customer may, upon written notice to the other, suspend, discontinue or terminate, at such party's option, performance of the affected Network Services without any liability or obligation to the other Party, other than (i) the obligation, in the case of a termination by RSI, to refund to Customer any amounts paid in advance by Customer for affected Network Services for any period of time during which such Network Services will not be provided, and (ii) the obligation, in the case of a termination by Customer, to pay RSI any service fees and any other amounts that may be due under these Terms and Conditions with respect to the period prior to termination. 9.6 Changes to Terms and Conditions. RSI may at any time and from time to time modify and make changes to these Terms and Conditions, for no reason or any reason, including without limitation in order to ensure compliance with NAI Principles, Trustee requirements and any other privacy obligations applicable to RSI and Customer. If RSI modifies or makes changes to these Terms and Conditions, it will update the Effective Date set forth at the beginning of these Terms and Conditions. By continuing to participate in our Publisher Program after the Terms and Conditions are updated, Customer agrees to such modifications and changes. In the event that Customer does not agree to any such modification or change, Customer may terminate the Network Services at will (subject to these Terms and Conditions) by providing thirty days' written notice to RSI. Subject to the foregoing, RSI will notify Customer via email of any modifications to the definition of Customer Share or Behavior Provider Share that has the effect of materially reducing the amounts payable to Customer under this Agreement. Section 10. Indemnification. 10.1 Infringement. RSI shall indemnify, defend and hold harmless Customer and Customer's shareholders, directors, officers, employees, agents and representatives from and against any and all Third Party claims, actions, suits, proceedings, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) (each a "Claim") arising out of or in connection with any (a) actual or alleged infringement by the Network Services or Reports of any Third Party's Proprietary Rights protectable under the laws of the United States; or (b) any breach by RSI of any of the obligations of RSI set forth in Section 9.3. RSI will have no indemnification obligation to the extent (x) the Network Services or Reports are modified or reconfigured in any way by anyone other than RSI, (y) the Network Services or Reports are used in combination with any other products or services and, but for use in such combination, would not otherwise infringe, or (z) the Network Services or Reports are used other than in accordance with these Terms and Conditions. The indemnification obligations set forth in this Section 10.1 will be the sole and exclusive remedy of Customer for any alleged infringement. 10.2 Generally by Customer. Customer shall indemnify, defend and hold harmless RSI and RSI's shareholders, directors, officers, employees, agents and representatives from and against any and all Claims arising out of or in connection with: (a) any breach by Customer of any of the representations, warranties or obligations of Customer set forth in Section 9; or (b) Customer's use of the Network Services for any purpose other than as expressly permitted or contemplated in these Terms and Conditions. 10.3 Procedure. In the event of any Claim described in this Section 10, the Party seeking indemnification will: (a) give the indemnifying Party prompt written notice of the Claim; (b) permit the indemnifying Party to control the defense and settlement of the Claim; and (c) cooperate with the indemnifying Party (at the indemnifying Party's expense) in the defense and settlement of the Claim. Notwithstanding the foregoing, the indemnifying Party shall not settle any Claim without the indemnified Party's prior written consent (which shall not be unreasonably withheld or delayed); provided that, consent is not required for any settlement that involves only the payment of money damages by the indemnifying Party and does not otherwise prejudice or affect the indemnified Party. The indemnified Party may participate in the defense and settlement of the Claim at the indemnified Party's own expense and using attorneys selected by the indemnified Party. Section 11. Miscellaneous. 11.1 Independent Contractors. Each Party is an independent contractor and not a partner or agent of the other. These Terms and Conditions will not be interpreted or construed as creating or evidencing any partnership or agency between the Parties or as imposing any partnership or agency obligations or liability upon either Party. Further, neither Party is authorized to, and will not, enter into or incur any agreement, contract, commitment, obligation or liability in the name of or otherwise on behalf of the other Party. 11.2 No Third Party Beneficiaries. These Terms and Conditions are for the benefit of, and will be enforceable by, the Parties only. These Terms and Conditions are not intended to confer and right or benefit on any Third Party. No action may be commenced or prosecuted against a Party by any Third Party claiming as a third party beneficiary of these Terms and Conditions. 11.3 Non-Exclusive Relationship. These Terms and Conditions will not be interpreted or construed to prohibit or in any way restrict RSI's right to license any software to or from Third Parties or to perform any services for any Third Party. 11.4 Nonsolicitation. So long as any employee or independent contractor of RSI is engaged in the performance of any Network Services under these Terms and Conditions and for a period of one (1) year thereafter, Customer will not employ or solicit the employment or services of such employee or independent contractor without the prior written consent of RSI. 11.5 Notices. All notices, requests, or other communications between the Parties that are required or permitted hereunder will be in writing and will be given by: (a) delivery in person or by prepaid courier service with a nationally recognized courier company, (b) delivery by registered or certified mail, postage prepaid, return receipt requested, or (c) by fax with a duplicate original sent by one of the methods described in (a) or (b), to, in the case of Customer, the address provided by Customer at the time of accepting these Terms and Conditions, and in the case of RSI, to: [Name and Title], 10500 NE 8th Street, 13th Floor, Bellevue, Washington 98004. A Party may change the address or fax number to which notice is to be sent by giving written notice of such change. Notices will be deemed given when received as evidenced by verification from the courier company, the mail receipt or fax confirmation. 11.6 Assignment. Customer will not assign the Agreement or any of its rights under these Terms and Conditions to any Third Party without the prior written consent of RSI. Subject to the foregoing, the Agreement will be fully binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. 11.7 Nonwaiver. The failure of either Party to insist upon or enforce performance by the other Party of any provision of these Terms and Conditions, or to exercise any right or remedy under these Terms and Conditions or otherwise by law, will not be construed as a waiver or relinquishment of such Party's right to assert or rely upon the provision, right, or remedy in that or any other instance; rather the provision, right or remedy will be and remain in full force and effect. 11.8 Applicable Law; Jurisdiction and Venue. These Terms and Conditions will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington, U.S.A., without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to these Terms and Conditions. Customer hereby consents to the jurisdiction and venue of the state and federal courts located in King County, State of Washington, U.S.A. with respect to any claim arising under or by reason of these Terms and Conditions. Customer will not prosecute any action, suit, proceeding or claim arising under or by reason of these Terms and Conditions except in such courts. Section 12. Definitions. Capitalized terms used in these Terms and Conditions and not otherwise defined herein, will have the following specified meanings: "Agreement" means the agreement between Customer and RSI regarding Customer's participation in our Publisher Program, which incorporates by reference these Terms and Conditions. "Behavior Data" means any data or other information relating to users of a website that is provided to or collected by RSI. "Behavior Provider" means any Person that provides and licenses Behavior Data to RSI for the purpose of developing and creating Behavior/Audience Segments. "Behavior Purchaser" means any Third Party that licenses Behavior/Audience Segments from RSI for the purpose of selling advertising campaigns. "Behavior/Audience Segments" means any behavior and/or audience segments that are developed by RSI based on Behavior Data obtained by RSI from a Behavior Provider. "Confidential Information" means any information that is proprietary or confidential to the Discloser or that the Discloser is obligated to keep confidential (e.g., pursuant to a contractual or other obligation owing to a Third Party) and that is marked or otherwise identified as "confidential" or "proprietary" at the time of disclosure. Confidential Information may be of a technical, business or other nature (including, but not limited to, information which relates to the Discloser's technology, research, development, products, services, pricing of products and services, customers, employees, contractors, marketing plans, finances, contracts, legal affairs, or business affairs). However, Confidential Information does not include any information that: (a) was known to the Recipient prior to receiving the same from the Discloser in connection with the Agreement; (b) is independently developed by the Recipient; (c) is acquired by the Recipient from another source without restriction as to use or disclosure; or (d) is or becomes part of the public domain through no fault or action of the Recipient. "Cookie" means an alphanumeric identifier that is assigned to an Internet user's computer when such computer is in communication with a server and recovered by the server, including when Web Beacons are activated. "Customer Behavior Data" means any Behavior Data relating to users of the Web Sites which is provided by Customer to RSI or collected directly by RSI. "Customer Behavior/Audience Segments" means Behavior/Audience Segments that are developed by RSI based on Behavior Data obtained under these Terms and Conditions. "Customer Marks" means all trade marks, service marks, trade names, brands and other marks of Customer. "Discloser" means a Party that discloses any of its Confidential Information to the other Party. "Laws" means all laws, regulations, rules, orders, ordinances, mandates and other requirements now or hereafter in effect, of any applicable governmental authority in any jurisdiction worldwide. "Month" means a calendar month. "NAI" means the Network Advertising Initiative. "Net RSI Campaign Revenue" means the aggregate CPM or other fees paid to RSI for any RSI Advertising Campaign, less the costs of the advertising impression inventory for the RSI Advertising Campaign. "Network Services" means RSI's collection or use of Behavior Data under these Terms and Conditions. "Non-Personally Identifiable Information (Non-PII)" means any data or other information that is not connected, correlated or identifiable with any PII, including information that is collected on an anonymous basis or that is aggregated. "Party" means RSI or Customer or any Person that acquires all of the right, title and interest of RSI or Customer in these Terms and Conditions in accordance with Section 11.6. "Personally Identifiable Information (PII)" means any data or other information that can be used to identify, contact or locate a natural person, including but not limited to: name, address, telephone number, e-mail address and social security number. PII does not include non-PII or data or other information that is collected anonymously (i.e. without identification of the individual user) or demographic or behavior data or other information that is not connected to or correlated with an identified individual. "Person" means any individual or any corporation, partnership, trust, governmental organization or other legal entity. "Proprietary Rights" means any patent, copyright, trademark, trade secret or other intellectual property right. "Recipient" means a Party that receives any Confidential Information of the other Party. "RSI Advertising Campaign" means any advertising campaign that is sold to an advertiser by RSI or licensed third-party and is conducted using any Customer Behavior/Audience Segment under the rights granted in Section 3. "RSI Marks" means REVENUE SCIENCE, AUDIENCE SELECT and such other trade marks, service marks, trade names, brands and other marks of RSI as RSI may from time to time notify Customer in writing to be RSI Marks within the meaning of these Terms and Conditions. "RSI Materials" means the RSI Marks, the RSI Software and the Confidential Information of RSI. "RSI Software" means any proprietary programming code and scripts provided by RSI to Customer under these Terms and Conditions, including RSI's Java-based client, installed by the Customer to activate RSI's Web Beacons and Cookies. "RSI Technology" means any know-how, processes, methodologies, specifications, designs, inventions, functionality, graphics, techniques, methods, applications, programs, products or other technology, or any enhancement thereto, used by RSI or made available by RSI to Customer. "RSI Website" means the website of RSI, the primary homepage of which is located at www.revenuescience.com, and any successors or replacements thereto. "Term" means the term of the Agreement as set forth in Section 5. "Third Party" means any Person other than a Party. "Web Beacon" means the string of code that represents a graphic image request on a Web page or email that submits a request to RSI's server and allows RSI's server to set and/or read a Cookie. "Web Sites" means any Web sites owned, controlled or operated by Customer and in which any Web Beacons are contained or any RSI Cookies are assigned or recovered or that are otherwise involved in any of the activities contemplated in these Terms and Conditions. "Unauthorized Use" means any use, possession, knowledge, viewing, inspection, examination, copying, disclosure or other activity involving any RSI Material, the RSI Website or Behavior/Audience Segments that is not expressly authorized under these Terms and Conditions or otherwise in writing by RSI.

*Fields marked with an asterisk are required.