Click2Boost, Inc. (C2B), entered into an Internet marketing agreement with the New York Times Company (NYT). Under
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Click2Boost, Inc. (C2B), entered into an Internet marketing agreement with the New York Times Company (NYT). Under the agreement, C2B was to solicit subscribers for home delivery of The New York Times newspaper by means of “pop- up ads” on websites with which C2B maintained “[m]arketing [a]
lliances.” According to C2B’s description of the Internet marketing system it used in connection with the agreement, a person who clicked on the pop-up ad was invited to submit his or her zip code; if the zip code was suitable for home delivery of The New York Times, the person was prompted to provide additional information needed for a subscription; upon submission of this information, the C2B system displayed a confirmation of the subscription. The agreement required NYT to pay C2B a fee or commission for each home delivery subscription C2B submitted to NYT. Explain whether this contract is covered by the UCC.
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