exhibit 10. 15 confidential treatment has been requested for portions of this exhibit. the copy filed herewith omits the information subject to the confidentiality request. omissions are designated as [ * ]. a complete version of this exhibit has been filed separately with the securities and exchange commission. strategic alliance and product sales agreement this strategic alliance and product sales agreement, including the exhibits and / or amendments ( if any ) attached hereto ( the “ agreement ” ) is entered into by and between overstock. com, inc., a utah corporation located at 6322 south, 3000 east, suite 100, salt lake city, ut 84121 ( “ overstock ” ) and safeway inc., a delaware corporation with principal headquarters located at 5918 stoneridge mall road, pleasanton, california 94588 ( “ safeway ” ). the agreement shall be effective as of february 26, 2002 ( the “ effective date ” ). background whereas, overstock is an internet retailer of name - brand surplus and close - out merchandise and specializes in selling first - quality merchandise at deep discounts across a broad range of categories ; whereas, safeway is one of the largest food and drug retailers in north america and owns or operates stores throughout north america ; whereas, overstock and safeway desire to enter into this agreement according to the terms and conditions set forth herein ; now therefore, in consideration of the mutual promises set forth herein, the parties agree as follows : 1. definitions 1. 1. “ applicable laws ” means state, federal and local laws, rules, regulations, codes, ordinances, administrative rulings, judgments, decrees, injunctions, writs, orders, and directives of any jurisdiction applicable to the parties or the agreement together with any interpretations of any governmental entity or agency with jurisdiction over the agreement or the parties. 1. 2. “ business day ” means a day other than a saturday, sunday or holiday on which financial institutions are authorized or obligated to close in new york, new york, u. s. a. 1. 3. “ confidential information ” is defined in section 8. 1. 1. 4. “ content ” means interviews, concepts, data, images, programming, computer code, photographs, illustrations, graphics, audio clips, video clips, text, or other materials generated in any form or media. 1. 5. “ custom content ” shall mean intellectual property ( including content ) made, conceived, or