Section 9 requires Associates to defend and indemnify Amazon, its affiliates, licensors, and their respective personnel against all claims, damages, costs, and attorneys' fees arising from the Associate's site content, use of program tools, tax obligations, violations of any program term, and the negligence or willful misconduct of the Associate's employees or contractors.
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
This indemnification clause extends Associates' financial liability to cover claims arising from authorized program use as well as unauthorized use, tax compliance failures, and conduct by third parties engaged by the Associate, with no stated monetary cap on indemnification obligations.
Under Section 9, Associates assume responsibility for defending and funding Amazon's legal costs in connection with a broad range of claims that may arise from their site operations, program tool use, and tax compliance obligations. The indemnification obligation extends to the negligence or willful misconduct of the Associate's employees and contractors and is not subject to a stated monetary cap.
Cross-platform context
See how other platforms handle Broad Indemnification Including Tax Obligations and Contractor Conduct and similar clauses.
Compare across platforms →"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR SITE (INCLUDING YOUR USE OF ANY SERVICE OFFERING) OR YOUR VIOLATION OF THIS AGREEMENT, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) RELATING TO (A) YOUR SITE OR ANY MATERIALS THAT APPEAR ON YOUR SITE, INCLUDING THE COMBINATION OF YOUR SITE OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION, OR MARKETING OF YOUR SITE OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR SITE, (C) YOUR USE OF ANY SERVICE OFFERING, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THIS AGREEMENT OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT (INCLUDING ANY PROGRAM POLICY), (E) YOUR TAXES AND DUTIES OR THE COLLECTION, PAYMENT, OR FAILURE TO COLLECT OR PAY YOUR TAXES OR DUTIES, OR THE FAILURE TO MEET TAX REGISTRATION OBLIGATIONS OR DUTIES, OR (F) YOUR OR YOUR EMPLOYEES' OR CONTRACTORS' NEGLIGENCE OR WILLFUL MISCONDUCT.Excerpt from Amazon Associates's Operating Agreement
1) REGULATORY LANDSCAPE: Broad indemnification clauses in commercial agreements are subject to general contract law enforceability standards, which vary by jurisdiction.
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This indemnification clause extends Associates' financial liability to cover claims arising from authorized program use as well as unauthorized use, tax compliance failures, and conduct by third parties engaged by the Associate, with no stated monetary cap on indemnification obligations.
Under Section 9, Associates assume responsibility for defending and funding Amazon's legal costs in connection with a broad range of claims that may arise from their site operations, program tool use, and tax compliance obligations. The indemnification obligation extends to the negligence or willful misconduct of the Associate's employees and contractors and is not subject to a stated monetary cap.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Amazon Associates.