PA Advisors, LLC v. Google Inc. et al

Filing 123

RESPONSE in Opposition re #117 MOTION to Change Venue to the USDC for the Eastern District of New York by ContextWeb, Inc. filed by PA Advisors, LLC. (Attachments: #1 Exhibit 1 (Declaration of Amy E. LaValle in Support of Plaintiff's Response to ContextWeb, Inc.'s Motion to Transfer and Exhibits thereto)#2 Text of Proposed Order)(LaValle, Amy)

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PA Advisors, LLC v. Google Inc. et al Doc. 123 Att. 1 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 1 of 55 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC Plaintiff, No. 2:07-cv-480-TJW v. JURY TRIAL DEMANDED GOOGLE INC., ET AL. Defendants. PLAINTIFF'S RESPONSE TO CONTEXTWEB, INC.'S MOTION TO TRANSFER AND ITS MEMORANDUM IN SUPPORT THEREOF EXHIBIT 1 1 Dockets.Justia.com Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 2 of 55 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC Plaintiff, No. 2:07-cv-480-TJW v. JURY TRIAL DEMANDED GOOGLE INC., ET AL. Defendants. DECLARATION OF AMY E. LAVALLE IN SUPPORT OF PLAINTIFF'S RESPONSE TO CONTEXTWEB, INC.'S MOTION TO TRANSFER I, Amy E. LaValle, declare as follows: 1. I am of legal age and under no legal disability. I have personal knowledge of the facts stated in this Declaration and know them to be true and correct. 2. I serve as outside litigation counsel of record for PA Advisors, LLC ("PA Advisors") in the case styled PA Advisors, LLC v. Google Inc., et al., Civil Action No. 2:07-cv480-TJW (E.D. Tex.). 3. Attached as Exhibit A is a true and correct copy of ContextWeb's ADSDAQ Sign-Up webpage, available at https://www.adsdaq.com/adsdaqcreateuser.aspx. 4. Attached as Exhibit B is a true and correct copy of ContextWeb's ADSDAQ Who's In It webpage, available at http://exchange.contextweb.com/sellingdesk/whoinit.html. 5. Attached as Exhibit C is a true and correct copy of a February 13, 2006 ContextWeb press release titled, "ContextWeb Adds Top Newspapers to Its Growing Publisher Network," available at http://www.contextweb.com/pdf/NewspaperAnnouncement_Final_2.13. 06.pdf.\ 1 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 3 of 55 6. Attached as Exhibit D is a true and correct copy of Belo Interactive's DentonRC.com webpage, available at http://www.belointeractive.com/map.html. 7. Attached as Exhibit E is a true and correct copy of Belo Interactive's WFAA.com webpage, available at http://www.belointeractive.com/map.html. 8. Attached as Exhibit F is a true and correct copy of Belo Interactive's KHOU.com webpage, available at http://www.belointeractive.com/map.html. 9. Attached as Exhibit G is a true and correct copy of the Fedstats.gov Mapstats Federal Judicial Districts: Texas webpage, available at http://www.fedstats.gov/mapstats/fjd/ 48fjd.html. 10. Attached as Exhibit H is a true and correct copy of ContextWeb's Privacy & Security webpage, available at http://www.contextweb.com/ppolicy.html. 11. Attached as Exhibit I is a true and correct copy of a Circuit City Store Locator search results webpage, available at http://www.circuitcity.com/ccd/processAddress.do#all Stores. 12. Attached as Exhibit J is a true and correct copy of Agency.com's Dallas office contact information webpage, available at http://www.agency.com/facts/offices_main.asp? location=dallas. 13. Attached as Exhibit K is a true and correct copy of a Carat Fusion's Locate Us webpage, available at http://www.caratfusion.com/main/. 14. Attached as Exhibit L is a true and correct copy of a ContextWeb's Careers webpage, available at http://www.contextweb.com/aboutus/careers/#Proj. 15. Attached as Exhibit M is a true and correct copy of a letter from Abraham Hershkovitz to Assignment Examiner dated March 27, 2008. 2 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 4 of 55 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 5 of 55 EXHIBIT A ContextWeb - Sign Up Page Page 1 of 2 Your Website Case 2:07-cv-00480-TJW Tell us which domain(s) you want to run ads on. We will run each submitted domain through our auto-approval process. you can run our ads on any page of a domain that gets approved. See site content guidelines Enter your domain: http:// Only enter in the format "domain.com" Add Additional Domains Select Content Type If you tell us which networks you currently work with, we can better validate the set-up of your Ad Tags later: (optional) Google AdSense Other I don't currently work with other networks Yahoo! Publisher Network Tribal Fusion Document 123-2 Advertising.com 24/7 Real Media Your Contact Information Filed 03/27/2008 Email Address: Confirm Address: First Name: Last Name: Page 6 of 55 Company Name: Country: UNITED STATES Address 1: Add 2 https://www.adsdaq.com/adsdaqcreateuser.aspx 3/27/2008 ContextWeb - Sign Up Page Page 2 of 2 Address 2: City: State/Province: Texas Zip/Postal Code: Phone Number: Case 2:07-cv-00480-TJW Your Account Information User Name: Password: Confirm Password: Document 123-2 Security Question: What was your mother's maiden name? Security Answer: Name Your Account: Referral Code (optional): Filed 03/27/2008 I agree to ContextWeb's Full Terms & Conditions including: - My site is written primarily in English. - I agree not to click on ads served by ContextWeb on my site(s). - I agree not to place ads on pornographic or gambiling sites Page 7 of 55 ContextWeb can contact me about Program enhancements & special offers Copyright � 2008 ContextWeb, Inc. | 22 Cortlandt Street, New York, NY 10007 | 212.679.1412 | Privacy Policy https://www.adsdaq.com/adsdaqcreateuser.aspx 3/27/2008 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 8 of 55 EXHIBIT B Website and Blog Advertising - ADSDAQ Contextual Advertising Exchange by ContextWeb Page 1 of 1 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 9 of 55 See what buyers and sellers have to say about the ADSDAQ exchange. Share your ADSDAQ experience. Visit the Forum Read Feedback Read Feedback Let your visitors know! Download ADSDAQ Badges Read Feedback Read Feedback Join ADSDAQ Today. Signup Now Read Feedback Read Feedback Read Feedback Read Feedback Read Feedback Read Feedback Read Feedback Read Feedback Copyright � 2008 ContextWeb, Inc. | 22 Cortlandt Street, New York, NY 10007 | 212.679.1412 | Privacy Policy | Site Map http://exchange.contextweb.com/sellingdesk/whoinit.html 3/7/2008 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 10 of 55 EXHIBIT C Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 11 of 55 ContextWeb Adds Top Newspapers to Its Growing Publisher Network Dallas Morning News, The Salt Lake Tribune and Other Leading Sites Added NEW YORK February 13, 2006 ContextWeb, a leading provider of high-precision, real-time contextual advertising solutions, today announced agreements with four newspaper publishers and corporations, expanding the ability for advertisers to target advertisements across over 300 content categories from Travel to Health to Computers to Finance and many more. Under the terms of these agreements, ContextWeb will display contextually relevant graphical and text advertisements across these publisher sites: Belo Corporation Belo s Newspaper Group consists of five daily newspapers and 20 TV stations with a combined readership of more than eight million people, including the flagship Dallas Morning News (www.dallasnews.com), The Providence Journal (www.projo.com) and The Press-Enterprise (www.pe.com). Belo excels in journalism because its newspaper sites offer readers compelling content, 24-7. With so much dynamic content across our sites, we are pleased to be partnering with a company that has the real-time capabilities to display relevant ads on our dynamic content pages, said Melissa Anderson, national sales manager, Belo Interactive Media. Newspaper Agency Corporation (NAC) NAC handles the advertising, printing and circulation operations for The Salt Lake Tribune (www.sltrib.com) and Deseret Morning News (www.deseretnews.com). The online editions of these papers jointly deliver more than 30 million page views per month, reaching more than two million unique visitors per month. ContextWeb has a true dedication to customer service and to delivering a quality product that helps us achieve our business goals, said Catherine Byington, new media account executive. Morris Digital Works Morris DigitalWorks (MDW), a division of Morris Communications Company LLC, provides tools, technologies, consulting and Web development services to Morris newspapers, including Florida Times Union, whose online site (www.jacksonville.com) generates more than 17 million page views per month. The Contextweb partnership has been beneficial to Jacksonville.com. Contextweb has been instrumental in providing additional Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 12 of 55 revenue by filling unsold banner positions with top tier advertisers, said Bill Byrd, new media national account executive. Denver Newspaper Agency -- The Denver Newspaper Agency publishes The Denver Post (www.denverpost.com) and Rocky Mountain News (www.rockymountainnews.com). ContextWeb s ability to target our readers with ads for services and products we know they ll be interested in translates to increased revenue for our company. With ContextWeb, our sites generate more income and that makes a real difference to our bottom line, said Fran Wills, vice president interactive. Site operators in the news category such as Belo and NAC are natural partners for ContextWeb due to the variety of their content and alignment between the real-time component of their content and our approach, said Jay Sears, vice president of business development and publisher relations for ContextWeb, Inc. ContextWeb s ability to contextualize and deliver targeted graphical and text ads across the dynamic content of our publishing partners enables us to compensate those partners in a very competitive way. ContextWeb s contextual advertising technology, ContextAdTM, is the industry s first realtime and fully-automated solution, enabling instant analysis of Web site content and matching of contextually relevant advertisements with the highest appeal to viewers. ContextAd can serve contextually relevant advertisements to the most motivated potential customer in as little as 20 milliseconds. ContextAd uses both content category and keywords for analysis and matching, delivering unprecedented accuracy, ensuring four to six times greater likelihood that advertisements will be clicked and lead to sales. About ContextWeb Based in New York City, ContextWeb provides high-precision, real-time contextual advertising solutions guaranteed to maximize the results and impact of online advertising. ContextWeb s patent-pending ContextAd is the industry s only real-time and fully automated solution that can serve contextually relevant advertisements to the most motivated potential customer in as little as 20 milliseconds. ContextAd uses both categories and keywords for analysis and matching, delivering unprecedented accuracy, dramatically extending audience reach and significantly increasing sales conversion rates. Additional information on ContextWeb can be found at www.contextweb.com. ### Contact: Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 13 of 55 Sharon Carpenito ContextWeb, Inc. 917.408.6301 scarpenito@contextweb.com Nicole Loux Racepoint Group 781.487.4617 nloux@racepointgroup.com Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 14 of 55 EXHIBIT D Belo Interactive Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 1 of 2 Page 15 of 55 DentonRC.com Denton, Texas - Texas Region DentonRC.com is the web site affiliated with The Denton Record-Chronicle in Denton, Texas. It provides local news, sports, entertainment, classified listings, and more. Back to Network Map Statistics Month 2/29/08 1/31/08 12/31/07 Page Views 1,029,292 957,863 796,037 Visitors 144,001 116,684 101,730 Demographics Age Range 18 - 24 25 - 34 35 - 44 45 - 54 55 + 13% 23% 22% 19% 23% The Marketplace � More than one out of two (58.4%) of all Dallas/Ft. Worth adult logged onto an online service or the Internet during the past 30 days. � The median adult age in D/FW is 40, while the media househ income is $56,800. � The Denton County population is 528,950. North Texas Coun Governments. Source: The Media Audit, 2004 Gender Female Male 55% 45% Contact Information: Vic Savelli VP Interactive Sales 214-977-8327 vic.savelli@belointeractive.com Anthony Moor DME/Interactive 214-977-8981 amoor@dallasnews.com Family Income < 20K 20K - 35K 35K - 50K 50K - 75K 75K - 100K 100K+ 20% 15% 15% 18% 14% 18% Sources: Belo Interactive Marketing Research, The Media Audit, Belo http://www.collabrian.com/belointeractive/network.asp 3/27/2008 Belo Interactive Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 2 of 2 Page 16 of 55 Interactive Web logs and Omniture SiteCatalyst and Rolandelli Research. Please note that Belo's traffic reporting sytem changed from internal Web logs to Omniture SiteCatalyst on January 1, 2006. Back to Network Map Copyright 2004 Belo Corp. All Rights Reserved. | Privacy Policy | Site Map http://www.collabrian.com/belointeractive/network.asp 3/27/2008 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 17 of 55 EXHIBIT E Belo Interactive Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 1 of 2 Page 18 of 55 WFAA.com Dallas-Fort Worth, Texas Texas Region WFAA.com is the web site affiliated with WFAA-TV Channel 8 in Dallas-Fort Worth that received the Edward R. Murrow Award for Region 6, Best Large Market TV Web Site in 2004. WFAA.com provides local news, sports, entertainment, classified listings, and more. Back to Network Map Statistics Month 2/29/08 1/31/08 12/31/07 Page Views Visitors 14,106,712 1,511,095 12,851,546 1,109,262 11,729,659 723,761 The Marketplace � More than one out of two (58.4%) of all Dallas/Ft. Worth adult logged onto an online service or the Internet during the past 30 days. � Of the 58.4% of online users is D/FW, 8.0% of those users vis WFAA.com. � The median adult age in D/FW is 40, while the media househ income is $56,800. � The D/FW population is 5.8 million (North Texas Council of Governments). Source: The Media Audit, 2004 Contact Information: Demographics Age Range 18 - 24 25 - 34 35 - 44 45 - 54 55 + 8% 21% 25% 22% 24% Education Level High School Some College College Graduate Degree 18% 36% 29% 17% Joe Weir Internet Sales Manager 214-977-6315 jweir@wfaa.com Doug Boehner Manager/News & Operations 214-977-6164 dboehner@wfaa.com Household Size 1 2 3 4 or more 17% 28% 20% 35% http://www.collabrian.com/belointeractive/network.asp 3/27/2008 Belo Interactive Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 2 of 2 Page 19 of 55 Gender Female Male 55% 45% Back to Network Map Family Income < 20K 20K - 35K 35K - 50K 50K - 75K 75K - 100K 100K+ 13% 13% 16% 21% 16% 21% Sources: Belo Interactive Marketing Research, The Media Audit, Belo Interactive Web logs and Omniture SiteCatalyst and Rolandelli Research. Please note that Belo's traffic reporting sytem changed from internal Web logs to Omniture SiteCatalyst on January 1, 2006. Copyright 2004 Belo Corp. All Rights Reserved. | Privacy Policy | Site Map http://www.collabrian.com/belointeractive/network.asp 3/27/2008 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 20 of 55 EXHIBIT F Belo Interactive Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 1 of 2 Page 21 of 55 KHOU.com Houston, Texas - Texas Region KHOU.com is the affiliated web site of KHOU-TV Channel 11, serving the Houston market. KHOU.com provides customers with headline news, weather and sports news, plus special sections and features of interest to area residents. KHOU.com is leading weather site for Houston and offer a downtown weather cam, several Doppler radar options and personalized weather forecasts on demand. Back to Network Map Statistics Month 2/29/08 1/31/08 12/31/07 Page Views 7,234,494 8,066,114 5,766,642 Visitors 848,684 945,234 606,462 The Marketplace � 59% of all Houston adults logged onto an online service or th Internet during the past 30 days. � Of the 59%, 11% visited KHOU.com � The median adult age us Houston is 41, and the average ann household income is $56,500. Source: The Media Audit, 2004 Demographics Age Range 18 - 24 25 - 34 35 - 44 45 - 54 55 + 8% 22% 25% 23% 22% Contact Information: Christine DiStadio Director of Digital Media 713-521-4356 cdistadio@khou.com Tim Roth Internet Sales Manager 713-521-4346 troth@khou.com Education Level High School Some College College Graduate Degree 24% 35% 31% 10% http://www.collabrian.com/belointeractive/network.asp 3/27/2008 Belo Interactive Case 2:07-cv-00480-TJW Household Size 1 2 3 4 or more 8% 35% 36% 21% Document 123-2 Filed 03/27/2008 Page 2 of 2 Page 22 of 55 Back to Network Map Gender Female Male 57% 43% Family Income < 20K 20K - 35K 35K - 50K 50K - 75K 75K - 100K 100K+ 13% 14% 16% 21% 16% 20% Sources: Belo Interactive Marketing Research, The Media Audit, Belo Interactive Web logs and Omniture SiteCatalyst and Rolandelli Research. Please note that Belo's traffic reporting sytem changed from internal Web logs to Omniture SiteCatalyst on January 1, 2006. Copyright 2004 Belo Corp. All Rights Reserved. | Privacy Policy | Site Map http://www.collabrian.com/belointeractive/network.asp 3/27/2008 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 23 of 55 EXHIBIT G MapStats: Federal Judicial Districts Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 1 of 1 Page 24 of 55 MapStats USA MapStats | Select A State | What's New Federal Judicial Districts: Texas A Federal judicial district is the geographic organization of Federal general trial courts in the United States. To profile your district, select the name from the menu or use the map of Texas below. Texas Eastern Get Profile [ Back To Texas ] Fedstats - www.fedstats.gov/ About Fedstats Send Your Feedback To Fedstats Information Quality Privacy And Accessibility Page Last Modified: April 20, 2007 http://www.fedstats.gov/mapstats/fjd/48fjd.html 3/25/2008 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 25 of 55 EXHIBIT H Privacy Policy - ContextWeb Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 1 of 1 Page 26 of 55 Privacy & Security ContextWeb respects the privacy of individuals that use the Company's services either directly (as a publisher or advertiser) or indirectly (as an end-user). User Information ContextWeb does not collect any personally identifiable information about you (such as your name, email address, etc.) except when in your capacity as a publisher or advertiser, you specifically and knowingly provide such information. With each advertising impression served, ContextWeb collects information such as the time of day, URL visited, browser type, browser language, and IP address. That information is used to verify our records and to provide more relevant services to users, such as showing contextually relevant ads based on the URL visited. Cookies A cookie is a small piece of data that is transmitted to an end-user's computer and stored in the cookie directory of that user's hard drive. A cookie identifies an end-user as a unique, anonymous user (but does not collect or transmit any personally identifiable information about that end-user). ContextWeb uses cookies to authenticate and keep track of user sessions and to measure the number of unique users viewing particular ads. In addition, ContextWeb uses cookies to reduce the likelihood of end-users seeing the same ad over and over again or more than a certain number of ContextWeb-served ads over a certain time period. As an end-user, you can generally configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the 'Help' menu of your browser to learn how to change your cookie preferences). Please note that if you reject all cookies, then ads will become more repetitive and you will be more likely to see the same ad over and over again. Information Sharing ContextWeb may share information that is not personally identifiable about you in the aggregate with advertisers, business partners, sponsors, and other third parties. For example, we may disclose how frequently the average ContextWeb end-user requests pages about a certain content area (such as health or finance), or which contextual advertisements are popular with our users. We will not share any personally identifiable information we may collect about you with any third party without your express consent unless we are required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order. Web Page Content ContextWeb analyzes certain web pages of those publisher websites within our network. ContextWeb may use page content, form data and URL parameters in order to improve its service to the users. In addition, the visited URL is sent to ContextWeb's servers from the browser so that ContextWeb may retrieve the applicable page content from the publisher's servers. Advertising Content ContextWeb's services display links to other sites in the form of "contextual advertising." ContextWeb has no control over the content presented in such advertisements; third party advertisers provide them. The content of these advertisements is intended to show a high degree of relevance to the content you view. ContextWeb parses the content of the URL visited, determines the relevant context and keywords and passes this information to the third party to obtain the advertisement to display. Changes to the Privacy Policy and your Consent ContextWeb may decide to change this Privacy Policy from time to time. When we do, we will post those changes on this page so that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it. By using our services directly or indirectly, you consent to the collection and use of your information as outlined in our Privacy Policy. If you have any further questions, please do not hesitate to contact us at the top of this page. Copyright � 2008 ContextWeb, Inc. | 22 Cortlandt Street, New York, NY 10007 | 212.679.1412 | Privacy Policy | WebEx | Site Map http://www.contextweb.com/ppolicy.html 3/21/2008 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 27 of 55 EXHIBIT I circuitcity.com Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 1 of 2 Page 28 of 55 store locator find a store TV & HOME ENTERTAINMENT MP3 & AUDIO COMPUTERS & OFFICE CAMERAS & CAMCORDERS shop by phone 1-800-843-2489 CAR & MOBILE VIDEO GAMING CART MY ACCOUNT HELP HOME, TOYS & GIFTS MOVIES & MUSIC REPAIR & INSTALLATION WEEKLY AD FORUMS & BLOG OUTLET GIFT CARDS SHOP BY BRAND SEARCH: Entire Site Store Locator Home > Store Locator Order anytime @ 1-800-843-2489 Email a friend Print View more locations (* Required) Zip code * zip code OR Address City State * LONGVIEW * Texas Circuit City store hours Monday-Thursday 10 a.m. - 9 p.m. Friday-Saturday 10 a.m. - 10 p.m. Sunday 10 a.m. - 8 p.m. Individual stores may vary slightly from this schedule, particularly during the holiday season and on Sundays. Please see the details for each store for up to date information. All Circuit City Express stores operate according to mall open and close hours. There are 3 stores within 100 miles of LONGVIEW, TX Showing 1-3 of 3 Matching Stores Page 1 Longview, 1603 Approx: 2 miles 406 West Loop 281, Longview, TX 75605 Details & directions View Map of All Stores Tyler, 1602 Approx: 35 miles 4910 South Broadway Avenue, Tyler, TX 75703 Details & directions Find weekly deals here Shreveport, 3238 Approx: 59 miles 7091 Youree Drive, Shreveport, LA 71105 Details & directions Showing 1-3 of 3 Matching Stores Page 1 Your cart is empty. Create an account: � Simplify checkout � View your order status � Save shipping info � Track packages It's secure, easy, and free! http://www.circuitcity.com/ccd/processAddress.do 3/27/2008 circuitcity.com Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 2 of 2 Page 29 of 55 Gift cards Buy a gift card Send an eGift Card Learn about bulk gift cards Circuit City Rewards Credit Card Learn more Apply now Pay my bill Apply & buy today Sign up for the hottest news & deals email address Manage email preferences Get RSS alerts DEALS Weekly ad Sweepstakes Outlet Rebates SHOPPING Returns & exchanges Trade-in Partner offers Order status Partsearch Tax-exempt PEACE OF MIND 24/24 Pickup Guarantee Unbeatable Price Guarantee Terms of use Security statement Privacy policy Extended warranties Recalls ABOUT US Careers About Circuit City Investor information/newsroom Community commitment Affiliate program Shop by phone: 1-800-843-2489 �1996 - 2008. Prices and offers are subject to change. Contact us Help Site map http://www.circuitcity.com/ccd/processAddress.do 3/27/2008 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 30 of 55 EXHIBIT J Agency.com Dallas Office Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 1 of 1 Page 31 of 55 dallas Agency.com Dallas 7850 N. Belt Line Road 4th Floor Irving, TX 75063 V: +1 312 729 4500 F: +1 312 729 4540 Map & Directions Dallas is home to one of the most diversified client bases in the company, with clients such as Alcon, and Hilton. And that suits our staff just fine. The Dallas office now reports directly to Kathleen Flynn in our Midwest location. Kathleen Flynn President, Chicago started working with us March, 2000 day-to-day work spending time with clients, reviewing the great work we are producing for our clients and working closely with incredibly talented Agency.com teams her client work many Agency.com clients including Hewlett Packard, 3M, Grainger, Barrie Pace heart and soul I'm a people person so I tend to focus on personal interactions and communication favorite author Ayn Rand � I've read Atlas Shrugged multiple times � 2007 Agency.com Ltd. privacy policy legal terms http://www.agency.com/facts/offices_main.asp?location=dallas 3/27/2008 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 32 of 55 EXHIBIT K Carat Fusion Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 1 of 1 Page 33 of 55 http://www.caratfusion.com/main/ 3/27/2008 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 34 of 55 EXHIBIT L Careers - ContextWeb Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 1 of 11 Page 35 of 55 Careers Overview Technology Press Coverage News Releases Event Schedule Executive Team Management Board of Directors Careers At ContextWeb, we're always looking for people ready to take the next step in their careers and become part of our rapidly growing, cutting edge technology company. We offer a highly competitive compensation package, a fun and casual environment, and the opportunity to work with world class technology and a top notch professional staff. Please note that in addition to the specific requirements of each job, all ContextWeb employees are required to meet the following standards: Our employees are bright, innovative, energetic, and internally motivated individuals who crave new challenges. They all have a "never give up" approach to work and life. Everyone here regularly collaborates professionally with others. You must have terrific communication skills: be honest, direct, and trustworthy at all times. Be sure you have great writing skills and sharp verbal skills as well. Our employees are all continuous learners. They find out what they need to know, find the source of the knowledge, and share it with their coworkers. Be a valued member of our team environment. Feel as comfortable working with others as you are working alone. Have a passion for working in entrepreneurial environments, including enjoyment of the new challenges and the fast pace you'd see in any innovative and technologically advanced company. A fascination with detail and exactitude. The quality of our work must be impeccable. We enjoy our jobs, and insist that new employees do the same. While we are dead serious about our product and service, we also are serious about having fun at work. If you are interested in any of these positions listed below, please send your resume and salary requirements to jobs@contextweb.com. Open positions as of 03/06/2008 16:00:27 Account Executive Ad Trafficker-Publishing ADSDAQ Advisors -- Service & Telesales Support Business Operations Analyst Campaign Manager Network Engineer Research and Development Computer Scientist Senior Accountant Sr. Java/Spring/Hibernate Developer, server systems Senior QA Automation Engineer Software Development Manager, Server systems Team Lead & Senior Software Engineer, C#/ASP.NET Visual/User Experience Designer West Coast Sales Director Account Executive The Account Executive is responsible for landing new business, up selling existing clients and driving revenue for new and existing clients. The Account Executive uses a variety of techniques to accomplish this, including lead generation, cold calling, following up on warm leads, and maintaining long term relationships with clients. You will also provide feedback to ContextWeb on how to best service a client's needs. Required Skills and Experience A Bachelor's degree A minimum of 2 years of sales experience. Proven results oriented presentation skills. A verifiable track record of a strong ability to network and meet relevant contacts. http://www.contextweb.com/aboutus/careers/#Proj 3/7/2008 Careers - ContextWeb Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 2 of 11 Page 36 of 55 Strong English written and verbal communication skills. Overview Technology Press Coverage News Releases Event Schedule Executive Team Management Board of Directors Careers In Return ContextWeb offers a highly competitive base salary plus commissions, a terrific health care plan, a retirement plan, domestic partner benefits, and paid time off. Our environment is casual and entrepreneurial. About ContextWeb: ContextWeb, Inc. provides high-precision, real-time contextual advertising solutions guaranteed to maximize the results and impact of online advertising. ContextWeb's patentpending ContextAd is the industry's only real-time and fully-automated solution that can serve contextually relevant advertisements to the most motivated potential customer in as little as 20 milliseconds. ContextAd uses both categories and keywords for analysis and matching, delivering unprecedented accuracy, dramatically extending audience reach and significantly increasing sales conversion rates. ContextWeb is backed by Draper Fisher Jurvetson ("DFJ") Gotham Ventures, DFJ New England, Draper Fisher Jurvetson and Updata Partners. ContextWeb was founded in 2000 and is based in New York. No. of positions: 2 (one in NYC and one in Dallas) Back to top Interest and ability to entertain relevant clients. Ability to consultatively work with clients to come up with creative solutions to advertising needs. Strong MS Office Skills. In addition, the following skills/experiences will enhance your candidacy. Experience selling online advertising Advanced understanding of and experience working in an Internet environment. Ad Trafficker-Publishing ContextWeb seeks a dynamic individual to be our Publisher Ad Trafficker. This person is a vital member of the Ad Operations team; providing technical and operational services to our publishers. This person is responsible for technical implementation, troubleshooting, and quality assurance on the publisher side ad tags serving ContextWeb's online campaigns. The ideal candidate will have a bachelor's degree and at least 1 year online experience with ad trafficking, account management, and/or campaign analysis; proficiency in MS Office applications. AdServer solution experience (DART, Atlas, Accipiter, Falk, etc.) is required. Knowledge of SalesForce, HTML code and JavaScript a big plus,. You must be task oriented with an eye for detail and a strong sense for process, systems, and detail for implementing ad tags. If you have the required skills, are energetic, positive, proactive with proven quantitative and analytical skills, ready to identify and solve problems and can be an engaged and participating member of a team, then we invite you to apply. Responsibilities Implementing publisher ad tags on proprietary ad serving system Investigating, documenting, and resolving technical issues with publishers Interacting with clients to resolve their concerns Providing trafficking support in publisher sales calls Participating and contributing within a team environment No. of positions: 1 Back to top ADSDAQ Advisors -- Service & Telesales Support This is an opportunity for a proven telesales and customer service representative to contribute to the growth of ContextWeb, an online advertising exchange and the 27th largest ad supported property in the US today (comScore, March 2007). This position will report directly to the Director of Customer Service & Telesales. The ideal candidate will come equipped with the ability to work and understand the on-line environment. Technically savvy with exceptional telesales, customer service, crosssell/up-sell experience in a service oriented environment is required. Online advertising or web publishing experience a plus! http://www.contextweb.com/aboutus/careers/#Proj 3/7/2008 Careers - ContextWeb Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 3 of 11 Page 37 of 55 Overview Technology Press Coverage News Releases Event Schedule Executive Team Management Board of Directors Careers This is not your typical telesales or customer service position. We are an extremely customer-focused and Internet-savvy company. We need people who think fast and work with passion! COMPANY PROFILE: ContextWeb, a leading online contextual ad network, is the 27th largest advertisingsupported property in the U.S., according to comScore, with over 54.4 million unique visitors and 3.2 billion ad impressions in March 2007. Red Herring named ContextWeb a Top 100 Private Company in 2006. Founded in 2000, ContextWeb investors include leading venture capital firms Draper Fisher Jurvetson and Updata Partners. ContextWeb publisher and advertiser partners include comScore's Top 250 properties, and 12 of the top 15 Advertising Age interactive agencies. The Company's patent pending ContextAd real-time page-level technology delivers advertisers the desirable qualities of site specific buying with the pricing and reach of an ad network. For more information, visit http://www.contextweb.com. With Internet advertising growing at explosive double-digit rates and online publishing capabilities accessible to the masses, the market for ContextWeb's solutions is extremely robust. The company's new self-serve offering allows publishers to sign up online to make money by accepting advertising via ContextWeb, and has been designed to serve a mass market community of small and special interest sites, including grassroots publishers and bloggers. Small and medium-sized and niche advertisers will have access to ContextWeb's solutions through an enhanced self-serve system capability that allows advertisers to easily bid for, manage, and monitor their ad campaigns. POSITION OVERVIEW The Customer Service & Telesales Representative will recruit new and service existing ContextWeb customers. This position will have a daily outbound call target and sales goals in addition to providing high-quality inbound customer care. Candidate must be able to prospect, cold call and effectively convert service calls to sales of company products and services, through effective telesales techniques. KEY RESPONSIBILITIES The ADSDAQ Advisor will be the initial point of contact for ContextWeb customers. She/he will be responsible for the following: Deliver timely and outstanding telesales and customer support for ContextWeb's selfservice Web portal for advertisers and publishers Provide day to day customer care, responding proactively to all internal and external customer inquires Achieve monthly sales goals by maintaining effective outbound call schedule of highpotential call activities Maintain a positive, service-focused experience for each customer Think logically to make quick assessments of customer needs and proactively address all requests. Document daily issues and tasks and provide necessary reporting to manager Communicate with customers via phone, email and live chat to sell services, answer inquires and resolve problems. Support the basic customer support processes (incident handling and escalation). Reduce recurring customer support issues with improved support by proactively identifying reoccurring situations and working with Director of Customer Service & Telesales to documenting trends and implement process improvements Build successful relationships with customer base and provide stellar service at all times. IDEAL CANDIDATE PROFILE In order to be considered for the position, applicants should have: 2-4 years experience in an outbound/inbound call center environment. Telesales experience including prospecting, cold calling and closing sales targets. Proven successful track record required. Experience with more complex business-to-business services, preferably web-based. A track record of success in an unstructured entrepreneurial environment. Excellent communication, diction, grammar, voice quality, phone manners, sales presentation, writing, listening and responding skills. Advanced abilities with the Internet and Internet applications including good keyboard and computer skills. Proficiency with Microsoft Office programs and Salesforce.com as well as various email and knowledge management programs such as Right Now. http://www.contextweb.com/aboutus/careers/#Proj 3/7/2008 Careers - ContextWeb Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 4 of 11 Page 38 of 55 Ability to understand the value of various customer segments and willing to work to deliver the highest quality customer service. Overview Technology Press Coverage News Releases Event Schedule Executive Team Management Board of Directors Careers Pleasant, distinctive phone personality. Good organizational skills, strong process management and multi-tasking abilities. Proactive problem solving and organizational skills and be an outstanding team player. Assertive, but not abrasive, professional demeanor. Persistent - able to accept rejection, energetic, adaptable, welcomes new challenges. Creative thinker who will be able to make a long-term contribution to the organization and department's development. Ability to work independently or cross functionally. COMPENSATION A competitive compensation package, incentives and benefits. No. of positions: 1 Back to top Business Operations Analyst The Business Operations Analyst will be responsible for all reporting and analysis of Publisher data in the Adsdaq Exchange. The Business Operations Analyst will use data driven approaches to identify better business tools, techniques, and processes. The Business Operations Analyst will also provide the Business Development Team and Adsdaq Advisor Team with critical feedback on current and future business. The Business Operations Analyst position can be characterized as fast paced, analytical, and communicative role, which bears significant responsibility and accountability. Essential Duties and Responsibilities: Create reporting for all publishers' campaigns across multiple data points. Design metrics and analytical methods to identify and solve business problems. Evaluate and analyze the economics of various deals solicited by the Business Development team. Respond to inventory and pricing requests made by the Business Development team. Monitor campaigns and suggest effective strategies to improve campaign performance and/or meet publisher objective. Share information and learnings in both an informal self-initiated manner as well as through presentations. Drive company growth by developing efficiencies that increase the effectiveness of the position and the Business Analysis group as a whole. Complete the position's deliverables in written and/or verbal format. Required Skills: Strong Data Manipulation skills using tools such as Microsoft Excel. Strong analytical, decision-making and problem solving skills and abilities. Ability to aggregate and manipulate data across multiple platforms Ability to work in a fast-paced and dynamic environment. Thorough knowledge of PC applications and the Internet. Ability to establish and maintain effective working relationships with managers, employees, external clients, and/or customers. Ability to maintain own work flow and meet deadlines. Ability to exchange information with others clearly and concisely (both verbally and in writing). Ability to prioritize and respond to frequent demands of multiple customers (internal and external). Ability to work harmoniously and effectively as part of a work team. Ability to work with minimal supervision. One year experience in the online industry. No. of positions: 1 Back to top Campaign Manager http://www.contextweb.com/aboutus/careers/#Proj 3/7/2008 Careers - ContextWeb Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 5 of 11 Page 39 of 55 Overview Technology Press Coverage News Releases Event Schedule Executive Team Management Board of Directors Careers This is an excellent opportunity to start a career at a rapidly growing advertising network. This position is at the heart of our business and will provide you with the experience you need to grow with our company. As part of the Ad Operations Team, you will work closely with Account Management, Business Development and Business Operations. The Campaign Manager is responsible for coordinating web advertising campaigns with high degree of accuracy and follow-through from receipt of insertion order through end of campaign. The ideal candidate should: be task oriented with a strong sense for process, systems, and detail for trafficking ads be comfortable assisting advertisers and publishers to resolve technical problems with their campaigns be able to troubleshoot any creative issues that affect implementation, reporting or tracking ensure that campaigns start and end on time work with sales staff to ensure all creative materials are delivered on time work with animated graphics, 3rd party advertising tags, HTML ad creatves; Requirements: Minimum of 1 year experience with online ad trafficking and/or online account management Major adserver solution experience required (Dart, Atlas, Accipiter, etc.) Outstanding customer service skills and exceptional eye for detail Must be proactive in identifying and solving problems Must be able to thrive independently as well as participate as part of a larger team Proficiency in MS Excel, MS Word, major CRM systems (SalesForce, NetSuite) is preferred Knowledge of HTML, Javascript, Photoshop, and Flash a plus No. of positions: 1 Back to top Network Engineer The Network Engineer is responsible for the day to day support of our data centers and internal network requirements. This includes firewalls, load balancing, switching, VPN, and telephony system. Skills and Qualifications: The following are the minimum requirements for this position. 3-5 years of experience as a Network Engineer that include all of the following as your knowledge base and daily responsibilities: Extensive knowledge of layer 2/3 networking concepts Familiarity with server load balancing for web and non-web based Applications, local and global with GSLB (layer 4-7) Firewall configuration and policy management. VPN configuration. DNS. Cisco routing/switching. Server load Balancing equipment. Working in a heterogeneous operating environment (Windows/Linux) SNMP and SFlow configuration and monitoring systems WAN design and routing techniques Willingness to work off-hours maintenance windows as required Appreciation of production environment in a 24/7 business Network security techniques, NIDS and penetration testing The following will enhance the applicant's candidacy: Juniper/Netscreen Firewalls Redline/Juniper DX and Citrix NetScaler SLBs Configuration of VoIP telephony systems http://www.contextweb.com/aboutus/careers/#Proj 3/7/2008 Careers - ContextWeb Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 6 of 11 Page 40 of 55 Demonstrated experience with network security techniques, NIDS and penetration testing Overview Technology Press Coverage News Releases Event Schedule Executive Team Management Board of Directors Careers No. of positions: 1 Back to top Windows Server Administration Monitoring with Cacti and Nagios Research and Development Computer Scientist We need your in depth knowledge to help us design and implement algorithms to model and analyze massively large quantities of statistical data. Minimal Requirements An advanced degree in Math or Computer Science. Experience (academically or professionally) designing and implementing algorithms. Strong problem solving skills is a must! This is primarily a problem-solving job Ability to work independently and debug own work Strong knowledge of a object oriented development language (Java, C++, C#) Excellent software testing and debugging skills Excellent communication skills Experience in one or more of Distributed Computing, Data Mining, or Information Retrieval The following will enhance your candidacy: Experience with scripting languages (Perl, Python, etc.) 3+ years work/research experience. No. of positions: 1 Back to top Senior Accountant ContextWeb is seeking a Senior Accountant to direct our company's accounting functions. These include establishing and maintaining the organization's accounting principles, practices, procedures, and initiatives, and will maintain responsibility for the preparation and presentation of financial reports. Responsibilities: Direct our accounting functions. Prepare financial reports and present findings and recommendations to controller. Plan departmental goals and see to their realization. Lead, educate, and mentor staff of 3 employees. Ensure adequate internal controls are incorporated into accounting manual and automated business processes Assist in year end audit with outside auditors Manage internal financial reporting process Manage the following functional areas: Cash Flow, A/R, A/P, Customer Invoicing, Credit and Collections, Fixed Assets, Payroll and Commission Payments. The following are the minimum requirements for this job: A successfully completed four year college degree. A minimum of 4 years of accounting experience in a company with $5 million - $30 million in annual sales. Of those 4 years of experience, 2 years of experience managing an accounting staff. The remaining 2 years must be in daily, hands-on management of the following functional areas: Cash Flow, A/R, A/P, Customer Invoicing, Credit and Collections, Fixed Assets, Payroll and Commission Payments. You must be on the CPA track, with expected completion by 2010. The following skills will enhance your candidacy: Experience using Quickbooks. http://www.contextweb.com/aboutus/careers/#Proj 3/7/2008 Careers - ContextWeb Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 7 of 11 Page 41 of 55 Training and Development experience. Overview Technology Press Coverage News Releases Event Schedule Executive Team Management Board of Directors Careers In Return: We offer a competitive salary with generous benefits, including healthcare, a 401k, life insurance, domestic partner benefits, and vacation and sick time. To apply, please send your resume to Mallory Doherty. No phone calls please. No. of positions: 1 Back to top Sr. Java/Spring/Hibernate Developer, server systems ContextWeb seeks a dynamic individual to design and develop software solutions for high scale, high performance web applications in an Agile software development environment. This position requires that the candidate has significant experience in design and development of Server components utilizing Spring framework and Hibernate. We are building next generation of ADSDAQ Ad Exchange. Think tens of thousands of Ad requests per second that should be resolved in less than 300ms. Distributed system with hundreds of serves in multiple locations around the globe. 100,000,000,000 Ad Requests per month. If you are up to the challenge, have the required skills, are a tenacious, analytical, innovative person with strong communication skills who thrives in a collaborative fastpaced dynamic environment, then we'd love to hear from you. Essential Duties and Responsibilities: Design and develop server components Collaborating with others on design, development, testing, documentation and/or production support tasks Adhere to team and department software development practices and guidelines Effective communication with other team members Skills and Qualifications: The following are the minimum requirements for consideration. Strong Enterprise Java, at least 6 years of J2EE Minimum 1 year building enterprise applications with Spring framework and Hibernate Good knowledge of Linux 3+ years experience designing and developing applications with any Relational Database, preferably in a clustered environment. Knowledge of design patterns. Experience with test-driven development using a unit testing framework such as JUnit. Strong knowledge of algorithms, understanding of pros and cons of different types of data structures Strong communication skills. Ability to lead whiteboard sessions, create technical specifications and architecture, outline frameworks. BS degree in Computer Science, Engineering or related discipline or equivalent experience. The ideal candidate will have one or more of the following: Experience building high-volume, scalable applications (>1,000 requests per second) Strong skills in multithreading and multiprocessing. Experience with development of applications in Internet Advertising or Web Search industries. Experience with Clustered environments (Application Servers, Data Base Clusters) Comfortable as a team member for multiple iterations on an Agile project (e.g. Scrum) Advanced degree in Computer Science or Math. No. of positions: 1 Back to top Senior QA Automation Engineer The Senior QA Automation Engineer works with product managers, business analysts, developers and QA engineers to analyze, understand business needs, functional requirements, use cases, process flows, and develop the test automation framework from ground up using HP QuickTestPro and Quality Center. In addition, the Senior QA Automation Engineer will be responsible for all aspects of our Quality Assurance Program http://www.contextweb.com/aboutus/careers/#Proj 3/7/2008 Careers - ContextWeb Case 2:07-cv-00480-TJW and Software Testing. Overview Technology Press Coverage News Releases Event Schedule Executive Team Management Board of Directors Careers Document 123-2 Filed 03/27/2008 Page 8 of 11 Page 42 of 55 Essential Duties and Responsibilities: The following are primary responsibilities: Develop test automation framework for large complex web applications using HP test automation tools (Quality Center and QTP) Develop and execute modular, reusable automated test scripts using HP QTP for old as well as new features or enhancements Participate in the full cycle of ContextWeb's product development and deployment in an agile team based environment Review and provide feedback on product requirements, functional specifications, software/engineering designs, test plans, and reports Participate in QA project planning exercises Conduct manual and automated testing for functionality, and the proper flow of information across applications Identify, report, and manage defects and test status Support the development and maintenance of test tools and automation framework Review user guides, technical release notes for efficacy Provide program and system documentation that non-technical people can easily understand Skills and Qualifications: The following are the minimum requirements for consideration: You must have a very good understanding of the software development life cycle and be comfortable working in an agile environment You must have a solid understanding of QA methodologies You must demonstrate initiative, and be an advocate for the QA team and the testing process Substantial, verifiable and successful experience, to include extensive work with each of the following: large scale server systems, testing Internet based services that are well regarded for their quality, scale and stability - ideally .NET and ASP.NET services running on Windows Experience with web services, HTTP, HTML, XML 2 + years experience with HP Quality Center, QuickTestPro, and other standard QA testing tools Strong hands on experience in designing and developing test harness tools and automated (front and back end) testing in the web world An advanced knowledge of SQL A bachelor's degree, or higher, in Computer Science, Engineering, or related field of study with 3 to 5 years of experience in testing and quality assurance A working knowledge of LoadRunner or NeoLoad is highly desirable Experience working in the advertising industry, especially in online advertising is highly desirable but not required for consideration No. of positions: 1 Back to top Software Development Manager, Server systems ContextWeb seeks a dynamic individual to design and develop software solutions for high scale, high performance web applications in an Agile software development environment. We are building the next generation of the ADSDAQ Ad Exchange. Think about tens of thousands of Ad requests per second that should be resolved in less than 300ms. A distributed system with hundreds of servers in multiple locations around the globe resulting in 100 billion Ad Requests per month. This position requires that the candidate have significant experience in the design and development of Server components for high volume systems. Key factors are experience with and the understanding of how to deal with scalability, fault tolerance, and performance optimizations. If you have built a system that can process at least 1000 requests per second across multiple servers, we want to speak with you. It is not important what language you used to build your last system, as long as it was an Object Oriented language (e.g. Java, C#, or C++). You have a passion for software development, reading, and learning new technologies. Back in school, you enjoyed Algorithms and Data Structures, and wrote your own compiler http://www.contextweb.com/aboutus/careers/#Proj 3/7/2008 Careers - ContextWeb Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 9 of 11 Page 43 of 55 Overview Technology Press Coverage News Releases Event Schedule Executive Team Management Board of Directors Careers as a course project. You implemented your first multithreaded application during your internship and overloaded the new() operator to implement your own high-performance memory management system. You enjoy Profiling Tools for both applications and databases. If you are up to the challenge, have the required skills, are a tenacious, analytical, innovative person with strong communication skills who thrives in a collaborative fastpaced dynamic environment, then we'd love to hear from you. Essential Duties and Responsibilities: Lead and mentor our team of C# and Java Developers. Design and develop server and backend components. Collaborate with others to design, develop, test, document and support production systems. Improve and enforce team the department's software development practices and guidelines. Effectively communicate with other team members. Skills and Qualifications: The following are the minimum requirements for consideration. 10-12 years of industry experience . Combined 8+ years experience in Object Oriented development using Java, C#, or C++. 4 years as a Manager or Director, leading teams of 5-10 developers. Strong knowledge of algorithms with understanding of the pros and cons of different types of data structures. Very strong skills in multithreading and multiprocessing. Experience building high-volume, scalable applications (>1,000 requests per second) 5+ years experience designing and developing applications with a relational database including strong knowledge of SQL. 3+ years of Internet/Web application development. Strong communication skills. Ability to lead whiteboard sessions, create technical specifications, architect, and outline frameworks. Ability to lead projects and mentor less senior team members. Knowledge and experience working with design patterns. BS degree in Computer Science, Engineering or related discipline or equivalent experience. The ideal candidate will also have one or more of the following: Experience with development of applications in Internet Advertising or Web Search industries. Experience with Spring and Hibernate frameworks. Experience with any Message Queues. Experience with TDD (test-driven development) using a unit testing framework such as NUnit or JUnit. Comfortable as a team member for multiple iterations on an Agile project (e.g. Scrum) Advanced degree in Computer Science or Math. No. of positions: 1 Back to top Team Lead & Senior Software Engineer, C#/ASP.NET This is your chance to kick some major technical booty. We are seeking a Team Lead/Senior Software Engineer with significant experience designing and implementing high-performance, highly scalable, quality web applications to manage our front-end development team. You should relish involvement in all aspects of the SDLC in a dynamic, fast-paced team-oriented environment. You should excel at taking critical tasks from inception through deployment and maintenance with no supervision. You should deeply understand modern software development practices and methodologies. In addition you will be involved in strategic and tactical planning regarding the creation and enhancement of ADSDAQ: the future of Internet Advertising applications.. ContextWeb is great place to focus on perfecting your ASP.Net/C#/SQL Server development skills. Responsibilities http://www.contextweb.com/aboutus/careers/#Proj 3/7/2008 Careers - ContextWeb Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 10 of 11 Page 44 of 55 Lead our front end development team. Overview Technology Press Coverage News Releases Event Schedule Executive Team Management Board of Directors Careers Design, development and unit testing of web pages and controls based upon requirements provided. Support QA team in developing test plans and testing of what has been developed. Take ownership of those aspects of the application assigned to you and act as the primary for them. Contribute to analysis, design and implementation strategy discussions as well as discussions on general architecture, deployment, infrastructure and the development process. Provide support when necessary in resolving issues related existing implementations and infrastructure. Act as resource for junior members of the team and senior members in your areas of expertise. Participate in code reviews and/or pair programming. Minimum Requirements for Consideration. You must have: A minimum of 2 years of experience leading/mentoring a software development team. Understanding of ASP.NET page lifecycle, viewstate, and event handling models and their use in AJAX enabled pages. Strong browser development experience including HTML/DHTML, DOM, CSS, JavaScript, AJAX and cross-browser (principally IE 6/7 and FireFox) development issues. Solid object-oriented analysis, design and programming experience in C#, Java or C++. Solid understanding of issues faced in large-scale deployments and high-traffic web sites. Experience working in Agile methodology environment (e.g. SCRUM, XP). Familiarity with all aspects of the SDLC including specification, documentation and testing, and scheduling and good general understanding of modern software development practices. Able to provide realistic estimates, communicate updates proactively and complete tasks within reasonable timeframes. Ability to react gracefully under pressure. Five or more years of solid experience developing cross-browser web applications with significant experience using ASP.Net/C# and SQL Server. experience in high-volume web site a strong plus. Strong problem solving skills and demonstrated ability to learn new technologies quickly. The following will enhance your candidacy if you meet the minimum requirements: Strong experience developing SQL queries and good understanding of relational database design. Experience programming for a high-volume web site. (Ours has in excess of 3 million impressions a day.) TDD (test driven development) experience. MVC (model view controller) design pattern experience. (Spring.NET) Object Relational technology experience (e.g. Hibernate, iBatis). Excellent understanding of CSS positioning, layout, and appearance issues with proper cascading implementations. Ability to evaluate design and balance server-side vs. client-side issues. Experience with ASP.Net Membership technologies. Ability to design advanced C# business object models based on business requirements. No. of positions: 1 Back to top Visual/User Experience Designer The Visual/User Experience Designer is a member of the product management department and creates interaction designs and visual designs for web applications. The designer also supports the Marketing department by working on corporate websites, landing page experiences, and advertising campaigns. Responsibilities: http://www.contextweb.com/aboutus/careers/#Proj 3/7/2008 Careers - ContextWeb Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 11 of 11 Page 45 of 55 Research and document user needs, skills, and scenarios Overview Technology Press Coverage News Releases Event Schedule Executive Team Management Board of Directors Careers Minimal Qualifications: Your resume must include portfolio examples of relevant visual and interaction design work. No Dreamweaver examples, please. 4+ years of experience creating application designs and visual interaction designs for Web-based applications. Expert level proficiency in Photoshop and Illustrator. Proficiency in Visio (for wireframes) and Flash (for product demos, creative advertising, and interactive marketing widgets.) Solid and documented understanding of UCD principles and interaction design skills. Ability to follow and add to existing guidelines for user interface design, visual design and branding. Strong visual/graphical interface design skills BS/BA or MS/MFA degree in Human Factors, Graphic Design, HCI, or related field or equivalent experience. No. of positions: 1 Back to top Define work flows from business requirements Creating UI documentation including wireframes and site maps Creating high fidelity UI visual mockups describing user interfaces for products/applications West Coast Sales Director The West Coast Sales Director is responsible for managing our West Coast sales team, landing new business, up selling existing clients and driving revenue for new and existing clients. The West Coast Sales Director uses a variety of techniques to accomplish this, including effective management, maintaining long term relationships with clients, lead generation and following up on warm lead. You will also provide feedback to ContextWeb on how to best service a client's needs. Required Skills and Experience A Bachelor's degree A minimum of 4 years of online advertising sales experience and 2 years if management experience. Proven results oriented presentation skills. A verifiable track record of a strong ability to network and meet relevant contacts. Strong English written and verbal communication skills. Interest and ability to entertain relevant clients. Ability to consultatively work with clients to come up with creative solutions to advertising needs. Strong MS Office Skills. No. of positions: 1 Back to top Copyright � 2008 ContextWeb, Inc. | 22 Cortlandt Street, New York, NY 10007 | 212.679.1412 | Privacy Policy | WebEx | Careers http://www.contextweb.com/aboutus/careers/#Proj 3/7/2008 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 46 of 55 EXHIBIT M Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 47 of 55 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 48 of 55 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 49 of 55 EXHIBIT N Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 50 of 55 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 51 of 55 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 52 of 55 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 53 of 55 EXHIBIT O Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 54 of 55 Case 2:07-cv-00480-TJW Document 123-2 Filed 03/27/2008 Page 55 of 55

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