Section 12 defines Amazon Confidential Information broadly as any non-public information provided or accessible in connection with the program, restricts Associates from disclosing it to third parties, requires Associates to ensure compliance by all persons with account access, and extends the obligation for five years after termination of the agreement.
This analysis describes what Amazon Associates's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The confidentiality obligation survives termination for five years and applies to all non-public information reasonably considered confidential that Associates access through the program, with Associates responsible for ensuring compliance by all personnel with account access.
Interpretive note: The definition of Confidential Information as anything 'that reasonably should be considered to be confidential' is broad and may create uncertainty about the precise scope of information covered, particularly for Associates who access operational program data or API documentation.
Under Section 12, Associates are bound by confidentiality obligations regarding Amazon's non-public program information for five years following termination of the agreement, and are responsible for ensuring that all individuals with access to their account adhere to these obligations.
Cross-platform context
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Compare across platforms →"Any information relating to Amazon or any of its affiliates that we provide or make accessible to you in connection with the Associates Program that is not known to the general public or that reasonably should be considered to be confidential is Amazon's "Confidential Information" and will remain Amazon's exclusive property. You will use Confidential Information only to the extent reasonably necessary for your performance under this Agreement and ensure that all persons or entities who have access to Confidential Information in connection with your account will be made aware of and will comply with the obligations in this provision. You will not disclose Confidential Information to any third party (other than your affiliates bound by confidentiality obligations) and you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. This restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties and will apply for the term of the Agreement and 5 years after termination.Excerpt from Amazon Associates's Operating Agreement
1) REGULATORY LANDSCAPE: Post-termination confidentiality obligations are generally enforceable under U.S.
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The confidentiality obligation survives termination for five years and applies to all non-public information reasonably considered confidential that Associates access through the program, with Associates responsible for ensuring compliance by all personnel with account access.
Under Section 12, Associates are bound by confidentiality obligations regarding Amazon's non-public program information for five years following termination of the agreement, and are responsible for ensuring that all individuals with access to their account adhere to these obligations.
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