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
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In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
"WE OR OUR NOMINEE MAY TAKE LEGAL ACTION AND PERFORM ANY PROCEDURAL ACT ON BEHALF OF ANY AMAZON PARTY, INCLUDING THROUGH SPECIAL MANDATE, TO EXERCISE OR DEFEND A LEGAL CLAIM OR FOR THE PROTECTION OF RIGHTS...Excerpt from Amazon Associates's Operating Agreement
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The clause states: “WE OR OUR NOMINEE MAY TAKE LEGAL ACTION AND PERFORM ANY PROCEDURAL ACT ON BEHALF OF ANY AMAZON PARTY, INCLUDING THROUGH SPECIAL MANDATE, TO EXERCISE OR DEFEND A LEGAL CLAIM OR FOR THE PROTECTION OF RIGHTS...”
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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