4.1 The Partner agrees that the Partner Site will not, in any way, copy or resemble the Look and Feel (as defined below) of the Company Site, nor will the Partner Site create an impression that it is a part of the Company Site or approved or sponsored by the Company. The Partner agrees that during the term of this Agreement, the Partner Site shall not contain any of the Content Restrictions, nor shall it disparage the Company Site or the Company or its affiliates in any way. The Company may test the Partner Site, and if such Partner Site is not in compliance with the Content Restrictions and the terms and conditions of this Section 5, the Company, in its sole discretion, may (i) remove any Link to such non-conforming Partner Site and/or (ii) terminate this Agreement. As used herein, "Look and Feel" means the distinctive and particular elements of graphics, design, organization, presentation, layout, user interface, navigation, trade dress, colors and stylistic convention (including the digital implementations thereof) within a World Wide Web site, and the total appearance and impression substantially formed by the combination, coordination and interaction of such elements, and any derivative works.
4.2 BANNED KEYWORDS: CERTAIN KEYWORDS ARE BANNED AND PARTNER AGREES AND SHALL NOT MAKE USE OF KEYWORD TERMS, AND/OR CLOSELY ASSOCIATED TERMS, AND/OR PARTIAL TERMS AS DESCRIBED HEREIN, AND AGREES TO INCLUDE ALL OF THESE KEYWRODS TERMS IN THE PARTNER'S NEGATIVE KEYWORD LIST. SUCH KEYWORDS INCLUDE, BUT ARE NOT LIMITED TO, ALL TRADEMARKS, IN WHOLE OR IN PART, AND URL'S OF ALL MAJOR AIRLINES OF THE UNITED STATES OF AMERICA, SUCH AS AMERICAN AIRLINES, AA, AA.COM, AMERICANAIRLINES.COM, AMERICAAIRLINES, AMERICAN.COM, AMERICANAIRLINES.COM, CONTINENTAL AIRLINES, CONTINENTALAIRLINES.COM, CO, CO.COM, DELTA AIRLINES, DL.COM, DELTAAIRLINES.COM, US AIRWAYS, USAIRWAYS.COM, UNITED AIRLINES, UNITEDAIRLINES.COM, UAL.COM, NORTHWEST AIRLINES, NORTHWESTAIRLINES.COM, NWA, NWA.COM, NORTHWEST.COM, AND ONETRAVEL, ONETRAVEL.COM, 1TRAVEL.COM. IN THE EVENT THAT KEYWORD TERMS AS DESCRIBED HEREIN ARE USED BY PARTNER, COMPANY WILL CCONSIDER SUCH ACTION AS A BREACH OF THE AGREEMENT AND RESERVES THE RIGHT TO SUSPEND PARTNER'S PRIVATE LABEL WEBSITE WITHOUT NOTICE UNTIL PARTNER HAS FULLY CURED THE KEYWORD VIOLATION AS STATED IN THIS SECTION OF THE AGREEMENT. THE COMPANY RESERVES THE RIGHT TO ADD NEW KEYWORDS WITHOUT NOTICE TO THIS SECTION OF THE AGREEMENT. DURING THE TERM OF THIS AGREEMENT IT SHALL BE THE PARTNER'S SOLE RESPONSIBILITY TO BE FAMILIAR WITH CURRENT BANNED KEYWORD TERMS AS DESCRIBED HEREIN.
4.3 ANY AND ALL TRADE MARKS, REGISTERED AND/OR PROTECTED UNDER COMMON LAW RULES OF THE COMPANY, AND ANY AND ALL TRADE MARKS, REGISTERED AND/OR PROTECTED UNDER COMMON LAW RULES OF THIRD PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO, ANY AND ALL AIRLINES, HOTELS AND CAR RENTAL COMPANIES DIRECTLY OR INDIRECTLY AFFILIATED WITH THE COMPANY MAY NOT BE USED UNDER ANY CIRCUMSTANCES IN ANY FROM OR SHAPE BY PARTNER ON PARTNER'S WEBSITE(S) WAHTSOEVER. INFRINGING ON TRADEMARKS AS DESCRIBED HEREIN BY PARTNER WILL IMMEDIATELY TERMINATE THIS AGREEMENT WITHOUT NOTICE. FURTHERMORE, PARTNER AGREES TO ASSUME ANY AND ALL LIABITLTIES ARISING OUT OF ANY TRADEMARK INFRIGMENTS AS DESRIBED HEREIN, INDLUING BUT NOT LIMITED TO CONSEQUENTAL DAMAGES, INCURRED BY EITHER THE COMPANY OR ANY OF ITS THRID PARTY SUPPLIERS.
4.4 Some suppliers may, including but not limited to airlines, require the approval of the Partner website. Based upon the information the Company receives from Partner from the registration form, Company shall process this requirement on behalf of Partner and will notify Partner within a reasonable period of time. Partner understands that the supplier approval as stated herein will be directly linked to Company's final approval for Partner becoming an active Affiliate.