|On the Internet, competition is rife, with millions of websites pursuing billions of `surfers’ (i.e. website visitors/users) worldwide. The more surfers who `hit’ (i.e. visit) a website, the more valuable that website becomes to advertisers, who will pay to have their advertising `banners’ (i.e. window or box style advertising strips) appear on the websites containing content with a high `hit’ rate.
The most popular `browser’ or search engine networks such as Yahoo and AltaVista can command huge sums for advertising banners on their home page. Choosing the right mix of content to attract visitors and to keep them coming back is therefore paramount to success.
For the Network Owner, whose benefit this Contract is drafted, obtaining access to as much valuable/popular content as possible is one of its main goals to keep the `hit’ rate high by keeping visitors interested in new and varied content as well as the quality, useful and established content which attracted their first visits.
The Network Owner would seek as wide conditions of use of the content as possible, with a free hand to change the `look and feel’ of the way it was delivered in order to tailor it to individual markets.
The Network Owner would not wish to pay an annual or upfront fee for the license to display and redistribute that content but rather it would seek to pay only a percentage of the advertising revenue applicable to such content.
On the other hand, the Network Owner would wish to benefit from revenue earned by the Content Provider from displaying its content on the Network Owner’s network. Again, this would usually take the form of a percentage of net revenue received by the Content Provider.