270 Legal [Sample Agreements]

APPLICATIONS MAINTENANCE AND SUPPORT AGREEMENT

AGREEMENT (the “Agreement”) made as of Dec 16th, 2003 (the “Effective
Date”) by and between Network Communications, Inc. with offices at 2305 Newpoint
Parkway, Lawrenceville, GA 30043, (”NCI”) and Builder Homesite, Inc., with
offices at 1812 Center Creek Drive, Austin, Texas 78754 (”BHI”).

***

1. SERVICES
1.1 SCOPE OF SERVICES

Subject to the terms and conditions of this Agreement, BHI shall, at no
cost to NCI other than as expressly provided herein, timely perform the services
and deliver the materials set forth or described in this Agreement, the
Requirements Document (attached hereto as Exhibit 1) in such form as it may be
amended by the parties from time to time (the “Requirements Document”) and in
the Operations Specifications (attached hereto as Exhibit 2) (the “Operations
Specifications”) (collectively, the “Services”), in order to operate and
maintain the NCI Site and all implements necessary to operate the same,
developed by BHI for NCI pursuant to the Website Development Agreement. BHI
acknowledges that the NCI Site will be accessible by users of the Internet
solely and directly through URL(s) designated by NCI

2. ADVERTISING AND PROMOTION
2.1 ADVERTISING SALES

NCI shall have the right, in its sole discretion, to sell advertising,
directly and via its distributors and other promotional partners, to appear on
the NCI Site, without consulting with BHI. NCI shall have the right to retain
all revenues and fees arising from or in connection with such advertising sold
by NCI, its distributors and promotional partners.

2.2 NON-DISCLOSURE

BHI agrees that, prior to the “public” release of such materials, BHI shall
treat

(a) the NCI Site, or any advertising, publicity or promotion materials
(including, without limitation, distribution through the Internet) related to
the NCI Site or which include the name of NCI or its affiliates or subsidiaries
or any trademark, trade name, or any abbreviation, contraction, or other
embodiment thereof; and

(b) any materials or properties owned, controlled, licensed or otherwise
proprietary to NCI, whether or not such materials are incorporated into the NCI
Site;

as Confidential Information as that term is defined under Section 9 to this
Agreement.

3. DELIVERY AND ACCEPTANCE
3.1 TIME OF THE ESSENCE

BHI shall perform the Services, and shall otherwise test, deliver,
implement, operate, maintain and update the NCI Site according to the Operations
Specifications. Time is of the essence with respect to all aspects of this
Agreement and the subject matter hereof.
===

Click here for the complete Applications Maintenance and Support Agreement