3(b)(x)(e)(7)
Limitation of Liability and Indemnity
19
3(b)(xi)
Service Levels.
19
3(b)(xii)
E-Commerce and Hosting Arrangements.
19
3(b)(xii)(a)
Main Scope of E-Commerce and Hosting Arrangements
19
3(b)(xii)(a)(i)
Hosting of Download Sites
20
3(b)(xii)(a)(ii)
Hosting of Online Stores
21
3(b)(xii)(a)(iii)
URL's for Sites
21
3(b)(xii)(a)(iv)
Staffing
22
3(b)(xii)(a)(v)
Trademarks, Trade Names and Copyrights
22
3(b)(xii)(a)(vi)
Quality Functionality and Look ad Feel
22
3(b)(xii)(a)(vii)
Adjustment Period and Deviations
23
3(b)(xii)(a)(viii)
Corrections and Related Timing
23
3(b)(xii)(a)(ix)
Down Time
24
3(b)(xii)(a)(x)
Testing
24
3(b)(xii)(a)(xi)
Product Updates and New Release Postings
24
3(b)(xii)(a)(xii)
Credit Card Processing Systems
24
3(b)(xii)(a)(xiii)
Account Managers and Responsibilities
24
3(b)(xii)(a)(xiv)
Fulfillment and Other Fees
25
* Confidential treatment has been requested for portions of this exhibit. The
copy filed herewith omits the information subject to the confidentiality
request. Omissions are designated as *. A complete version of this exhibit has
been filed separately with the Securities and Exchange Commission.
ii
Page
Section
Section Title
Number
3(b)(xii)(a)(xv)
Ownership of Site URLs, Domain Names and Sites
25
3(b)(xii)(a)(xvi)
No Other Changes and Application of Provisions to the Sites.
25
3(b)(xiii)
Market Partners Sites
25
3(b)(xiii)(a)
Market Partners
25
3(b)(xiii)(b)
Fees, Payments to Market Partners.
26
3(b)(xiii)(b)(1)
Digital River Payment Terms
26
3(b)(xiii)(b)(2)
Royalty Payment and Report from Digital River to Market Partners.
26
3(b)(xiii)(b)(3)
Setup Costs
26
3(b)(xiii)(b)(4)
Audits.
26
3(b)(xiii)(c)
No Other Changes and Application of Provisions to the Market Partner Sites.
26
3(c)
Customer Support Services
26
3(d)
Online Support
27
3(d)(i)
To End Users
27
3(d)(ii)
To Symantec
27
3(e)
Shipping
27
3(f)
Compliance with Laws
28
3(g)
Digital River's Financial Condition
28
3(h)
Marketing By Digital River
28
3(i)
Distribution of Packaged Symantec Products
28
3(i)(i)
Digital River's Obligation
28
3(i)(i)(1.1)
Applicability
28
3(i)(i)(1.2)
Commencement Date; Terms
29
3(i)(i)(1.3)
Delivery Method
29
3(i)(i)(1.4)
Customer Shipping Costs
29
3(i)(i)(1.5)
Customer Payment Options
29
3(i)(ii)
Latin America Packaged Products
29
3(i)(ii)(1.1)
Applicability
29
3(i)(ii)(1.2)
Commencement Date; Term
30
3(i)(ii)(1.3)
Delivery Method
30
3(i)(iii)
Customer Shipping Costs
30
3(j)
Security
30
3(k)
Symantec Marketing Opportunities and Promotions
30
3(l)
Download Warranty Service aka Electronic Download Service ("EDS")
30
3(m)
* (*) Hours a Quarter
32
4.
Privacy and Ownership of Customer Information
32
4(a)
Symantec Privacy Policy; use and Ownership of Customer Information
32
4(b)
Disclosures to Customers; Customer Choice
32
4(c)
AntiSpam Policies and All Messaging to Customers
33
5.
Use of Symantec and Digital River Names
33
5(a)
Symantec Name
33
5(a)(i)
Orders
33
5(a)(ii)
Telephone
33
5(a)(iii)
Documents
33
5(a)(iv)
Invoices; Confirmations
33
* Confidential treatment has been requested for portions of this exhibit. The
copy filed herewith omits the information subject to the confidentiality
request. Omissions are designated as *. A complete version of this exhibit has
been filed separately with the Securities and Exchange Commission.
iii
Page
Section
Section Title
Number
5(a)(v)
Nonaffiliation
33
5(a)(vi)
Other
33
5(b)
Digital River Name
33
6.
Symantec's Trademarks, Trade Names and Copyrights
33
7.
Digital River's Trademarks, Trade Names and Copyrights
34
8.
Ownership