The Advertiser will be responsible for all communications, hosting and connectivity costs and expenses associated with the Advertiser Site. The Advertiser will provide all hardware, software, telecommunications lines and other infrastructure necessary to meet traffic demands on the Advertiser Site from the AOL Network. The Advertiser will design and implement the network between the AOL Service and Advertiser Site such that (i) no single component failure over which the Advertiser exercises control will have a materially adverse impact on AOL Members seeking to reach the Advertiser Site from the AOL Network and (ii) no single line under material control by the Advertiser will run at more than 70% average utilisation for a 5-minute peak in a daily period. At AOL’s request, the Advertiser will provide a detailed network diagram regarding the architecture and network infrastructure supporting the Advertiser Site.
Optimisation; Speed
i. The Advertiser will use commercially reasonable efforts to ensure that the functionality and features within the Advertiser 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, the Advertiser may consult the technical information made available by AOL concerning the AOL Service at http://webmaster.aol.com.
ii. The Advertiser will ensure that the Advertiser Site is designed and populated in a manner that minimises delays when AOL Members attempt to access such site. At a minimum, the Advertiser will ensure that each page of the Advertiser Site's loads fully (including all graphics) within thirty (30) seconds of a request on average. Prior to commercial launch of any material Promotions, the Advertiser will permit AOL, upon request, to conduct performance and browser compatibility testing of the Advertiser Site (in person or through remote communications).
iii. The Advertiser shall implement all necessary measures to ensure that AOL Members who access the Advertiser 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.
User Interface
The Advertiser will maintain a graphical user interface within the Advertiser 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 Promotions, which launch shall be subject to AOL’s approval of the interface and design (such approval not to be unreasonably withheld).
Technical Problems
The Advertiser agrees to use all reasonable efforts to address any material technical problem over which the Advertiser exercises control and which affects use by AOL Members of the Advertiser Site including, without limitation, infrastructure deficiencies producing user delays (an "Advertiser Technical Problem") promptly following notice thereof or otherwise becoming aware of the same. If the Advertiser fails to promptly resolve an Advertiser Technical Problem, AOL will have the right to suspend the display of the Promotions it provides to the Advertiser until such time as the Advertiser corrects the Advertiser Technical Problem.
Monitoring
The Advertiser will ensure that the performance and availability of the Advertiser Site is monitored on a continuous (24 X 7) basis. The Advertiser will provide AOL with contact information (including e-mail, phone, pager and fax information, as applicable, for both during and after business hours) for the Advertiser’s principal business and technical representatives, for use in cases when issues or problems arise with respect to the Advertiser Site. If AOL is unable to contact such a representative of Advertiser in relation to an Advertiser Technical Problem within a reasonable time of the problem arising, AOL shall be entitled to deem notice of that problem given to the Advertiser. AOL shall be entitled to apply parental controls to all or part of the Advertiser Site.
Security
i. The Advertiser 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 Advertiser Site. At AOL’s request, the Advertiser will facilitate AOL’s review of the Advertiser Site in order to evaluate the security risks of such site.
ii. The Advertiser will notify AOL of any breach of security which does or may affect AOL Users and shall comply with AOL’s escalation procedures as notified to the Advertiser.
iii. The Advertiser will promptly remedy any security risks or breaches of security as may be identified by AOL’s Operations Security team or of which the Advertiser may otherwise become aware.
iv. The Advertiser 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. The Advertiser shall adopt a user verification process in accordance with guidelines as may be reasonably determined by AOL from time to time.
Technical Performance
i. The Advertiser will design the Advertiser 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 efforts to support all other AOL browsers listed at: http://webmaster.aol.com. The Advertiser shall program the Advertiser Site in accordance with World Wide Web Consortium (or "W3C") standards and shall not use browser specific coding. The Advertiser shall not require or encourage AOL Members to use an external browser to view the Advertiser Site.
ii. The Advertiser 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. The Advertiser 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 Advertiser Site ("New Functionality"), the Advertiser 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 Advertiser Site be released without notification to AOL, AOL will have the right to suspend the display of the Promotions it provides to the Advertiser until such time that compatibility tests are performed to AOL’s satisfaction.
iv. To the extent the Advertiser creates customised pages on the Advertiser 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.
Customised Site
If the Advertiser creates a customised version of the Advertiser Site in accordance with the Agreement then these Technical Operating Standards will apply equally to the Customised Site and, without limiting the generality of the foregoing, the Advertiser will bear responsibility for all aspects of the implementation, management and cost of the Customised Site.