Confirmed User
Industry Role:
Join Date: Jun 2002
Posts: 1,982
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ii) Yahoo! shall designate a Yahoo! employee as a
traffic quality advocate who will be part of a traffic
quality group to fulfill the function of fielding
advertisers' concerns regarding traffic quality,
including its click fraud prevention efforts, within 90
calendar days of the Effective Date of the settlement.
iii) Within 90 calendar days of the Effective Date of
the settlement, Yahoo! shall start a program in which
it chooses at least three advertisers per year who will
be invited to Yahoo! to obtain special access to the
traffic quality team and additional information with
respect to Yahoo!'s click protection system, subject to
the advertisers' execution of nondisclosure agreements.
iv) Yahoo! shall work with third parties in an effort
to develop industry-wide standards that define click
fraud, set forth standards with respect to the
detection of click fraud and provide the public with
periodic general evaluations regarding the
effectiveness of providers' efforts to filter and
prevent the charging of click fraud to customers.
v) Yahoo! will temporarily lift its 60-day contractual
provision to allow Class Members to make click fraud
claims for the period from January 1, 2004 to July 31,
2006. Any Class Member that wishes to participate in
the additional claims review process will have to
complete the Assertion of Right to Participate form,
and mail by certified or registered mail the completed
form to the Claims Administrator on or before November
20, 2006.
B. Attorneys' Fees and Class Representative
Compensation
Class Counsel will request that the Courts award them
attorneys' fees and expenses. They intend to request
$4,950,000 in attorneys' fees plus costs in an amount
not to exceed $25,000. The fees and costs figures were
determined independently of negotiation of the other
terms of the settlement.
Class Counsel's petition for fees and expenses will be
filed with the court no later than October 30, 2006, and
may be reviewed by any interested party. The amount
paid for attorneys' fees, expenses, and costs will be
paid by Yahoo! and so will not diminish or affect any
Credits which Class Members may receive.
7. WHAT AM I GIVING UP IF I PARTICIPATE IN THE
SETTLEMENT?
The settlement provides that once the Court enters an
order finding the proposed settlement fair, adequate,
and reasonable and all appeals have been resolved or
all appeals periods have expired, those Class Members
who have not timely requested exclusion from this
Action shall be deemed to have and by operation of the
Final Judgment shall have fully, finally and forever
released, relinquished, and discharged all Released
Claims as set forth below.
Specifically, the settlement is intended to settle any
and all known and unknown claims from January 1, 1998
through July 31, 2006 against Yahoo! that Class Members
have asserted or could have asserted based upon or in
any way relating to, referring to, or arising out of
the charging or overcharging for Challenged Clicks (the
"Released Claims").
The settlement provides that once the Court enters an
order finding the proposed settlement fair, adequate,
and reasonable and all appeals have been resolved or
all appeals periods have expired, those Class Members
who have not timely requested exclusion from this
Action shall be deemed to have and by operation of the
Final Judgment shall have fully, finally and forever
released, relinquished, and discharged all Released
Claims as set forth below.
The release will extend to Yahoo! and its past or
present directors, officers, employees, partners,
principals, agents, predecessors, successors, parents,
affiliated and sister corporations, subsidiaries,
licensees, divisions, and related or affiliated
entities, and the Yahoo! Ad Partners (defined as all
Persons together with any past or present directors,
officers, employees, partners, principals, agents,
controlling shareholders, predecessors, successors,
parents, affiliated and sister corporations and
subsidiaries of same, that disseminated, displayed,
distributed, delivered, served, published, and/or
otherwise provided any Yahoo! Ad (defined as the
participation and/or the ability to participate in a
system which displays advertising, including without
limitation, titles and descriptions, uniform resource
locators, images, text and all other content delivered,
served, published, and/or otherwise displayed by Yahoo!
and the Yahoo! Ad Partners, including without
limitation, via any and all web sites, e-mails,
applications, and software, including without
limitation domain channels, downloadable applications,
content match, domain match, adware, spyware,
arbitrage, and e-mail campaigns)).
If the settlement is approved by the Court and not
otherwise terminated, the Court will dismiss the Action
with prejudice, and bar and permanently enjoin the
named Plaintiff and each Class Member from prosecuting
the Released Claims. As a result, once the judgment of
the Court in accordance with this settlement has become
final, each of the Class Members and their legal
successors-in-interest shall be deemed to have forever
given up any Released Claims against Yahoo! and the
other Released Parties. If you have purchased
advertising on the Yahoo! Search Marketing System
between January 1, 1998 and July 31, 2006, and do not
elect to exclude yourself from the Class, you will be
deemed to have entered in to this release and to have
released the above-described claims. If the settlement
is not approved by the Court or does not become final
for some other reason, the litigation will continue.
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