The agreement permits either party to assign the agreement without consent in connection with mergers, acquisitions, or asset sales. If a subscriber undergoes a change of control in favor of a direct Fastly competitor, Fastly may terminate the agreement upon written notice and refund any prepaid fees for the remainder of the initial term.
This analysis describes what Fastly'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 provision establishes that Fastly may terminate service upon a subscriber's change of control to a direct competitor, which may affect operational continuity for subscribers involved in M&A transactions. Conversely, the agreement may be assigned to an acquiring entity without subscriber consent in other M&A scenarios.
Interpretive note: The agreement does not define 'direct competitor of Fastly,' creating potential ambiguity in determining which change of control transactions trigger Fastly's termination right.
Under this clause, a subscriber that is acquired by or merges with a Fastly competitor may have its service agreement terminated by Fastly upon written notice, with a refund of prepaid fees for the remaining initial term. In other M&A scenarios, the agreement may be assigned by either party without requiring the other party's consent.
Cross-platform context
See how other platforms handle Assignment Rights in Mergers and Acquisitions and similar clauses.
Compare across platforms →"Either party may assign the Agreement in its entirety, without the other party's consent (a) to its Affiliate or (b) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, unless the Subscriber is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of, a direct competitor of Fastly, in which case Fastly may, but is not required to, terminate the Agreement upon written notice, and in the event of such a termination, Fastly will refund to Subscriber any prepaid fees covering the remainder of the initial term of all Service Orders.Excerpt from Fastly's Terms of Service
(1) REGULATORY LANDSCAPE: Assignment and change of control provisions are standard in commercial SaaS agreements and do not implicate specific regulatory frameworks in most jurisdictions beyond general commercial contract law.
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This provision establishes that Fastly may terminate service upon a subscriber's change of control to a direct competitor, which may affect operational continuity for subscribers involved in M&A transactions. Conversely, the agreement may be assigned to an acquiring entity without subscriber consent in other M&A scenarios.
Under this clause, a subscriber that is acquired by or merges with a Fastly competitor may have its service agreement terminated by Fastly upon written notice, with a refund of prepaid fees for the remaining initial term. In other M&A scenarios, the agreement may be assigned by either party without requiring the other party's consent.
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