This form is very brander-favorable and contains many terms that are objectionable to providers. It is common now for the service to include web pages, Java scripts, emails automatically sent to users, etc. All branding opportunities should be thought through. However, generally portals are requiring users to log in only through the portal, at which point the portal passes the data to the provider. Because this would require the provider to have 2 different code bases, many providers will not be willing to do this.
Many providers balk at paying for the privilege of agreeing to service levels.
However, in many cases the parties can come up with a suite of remedies that are fair if the provider is not operating at a minimum level of service. In many cases the brander will be relatively harsh about the consequences of the provider failing to deliver information on a timely basis, since the brander may not be able to achieve its promotional metrics if it is trying to drive users to the co-branded pages with old content. For a more flexible approach, see the provider-favorable form. Usually the provider is paying to run these banners. Thus, the provider is paying to promote the co-branded pages and not necessarily the provider itself.