To: Gary Ku who wrote (5746 ) 4/1/1999 2:05:00 PM From: Mike Hardy Respond to of 10081
Qwest QDA - Is in 10K - Thx to virtuallylong from the yahoo thread ARTICLE II QWEST DIGITAL ASSISTANT SERVICE 2.1 LAUNCH. Magic will use reasonable commercial efforts to develop and launch the QDA in accordance with the Launch Schedule, with assistance and input from Qwest as specified below and in the Launch Schedule. This work is expected to include, among other things: (a) creation of the QDA Web Site; (b) the implementation of the Qwest branding for the QDA as set forth below; and (c) acquisition, modification or development, and implementation, of the hardware, software and other technology, including the Portico Technology, needed to provide the QDA. 2.2 QWEST ASSISTANCE. Qwest will use reasonable efforts to assist Magic in the development and deployment of the QDA. Without limiting the generality of the foregoing, such Qwest assistance is expected to include, among other things: (a) making available to Magic the necessary telecommunications service interconnections for the provisioning of the QDA as specified in this Agreement; (b) making available to Magic the necessary Qwest personnel, which may consist of agents or contractors, as Qwest may reasonably determine; (c) providing Magic with groups of local or toll-free numbers for use by Qwest Subscribers at no cost to Magic; and (d) bearing all telecommunications charges related to use of the QDA, including without limitation calls to, and calls, faxes and pages originated through or from, the QDA. 2.3 BRANDING, PROMOTION. The QDA will be marketed exclusively under present or future Qwest Marks in the manner prescribed by Qwest hereunder, including the use of the Qwest Marks in the QDA version of the Portico Service GUI and Portico Service VUI, other than a mutually agreeable reference to the Magic magicTalk"!" technology powering the QDA. The parties may endeavor to develop mutually agreed upon co-marketing programs. Magic 2 <PAGE> 3 hereby grants Qwest the limited right to use internally and distribute to Qwest Subscribers printed copies of all or any part of the Subscriber Manual. The Subscriber Manual will be branded exclusively with present or future Qwest Marks (other than a mutually agreeable reference to Magic's magicTalk"!" technology powering the QDA and to a Magic copyright notice) in the manner prescribed by Qwest hereunder. 2.4 PROVISION OF QDA. When the parties agree that the QDA is ready to be released, Magic will begin providing the QDA. (a) As between Magic and Qwest, Magic will have sole responsibility for providing Qwest-branded first-level customer service and support to Qwest Subscribers in accordance with Section 2.5 ("Service Levels"), provided that Magic is granted access for this purpose to the [**] electronic administrative sign-up site. Notwithstanding the foregoing, upon thirty (30) days written notice from Qwest to Magic, Qwest may elect to transfer the responsibility for customer service and support to another provider of Qwest's choice. (b) Magic will provide a paper-free sign-up procedure for Qwest Subscribers via a toll-free telephone number that connects to Magic's Qwest-branded customer service and support operation for the QDA, provided that Magic is granted access for this purpose to the [**] electronic administrative sign-up site. (c) Magic will host the Qwest Access Site, which shall be developed and maintained by or on behalf of Qwest, and shall host and maintain the QDA Web