WEBMD V. RDA: PUBLISHER PROMISING ‘VISITORS’ DOES NOT OWE ‘UNIQUE VISITORS’

The case of WebMD, LLC v. RDA International, Inc., involved a 12-month contract for online advertising in which the plaintiff had guaranteed the defendant that a certain number of visitors would visit particular Websites. A New York judge has held that the term ‘visitors’ in an online advertising contract is an unambiguous term and does not refer to ‘unique visitors’.

The following questions have been addressed in this article:

What was RDA’s argument about ‘impressions’ and ‘unique visitors’?
Is it feasible to specify a guaranteed number of unique visitors in a contract?
Did RDA complain while the contract was ongoing with WebMD?

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