This analysis describes what Marqeta'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
How other platforms handle this
The party seeking indemnity...must give the other party...the following: (i) prompt written notice of any claim...,(ii) all cooperation and assistance reasonably requested by the Indemnitor in the defense of the claim...and (iii) sole control over the defense and settlement of the claim...
Customer must provide us with prompt written notice of any Claim Against Customer and allow us the right to assume the exclusive defense and control...
The indemnifying party is notified promptly in writing by the indemnified party of any Indemnifiable Claim and the indemnified party will reasonably cooperate with the indemnifying party in the defense of the Indemnifiable Claim, at the indemnifying party's expense.
"Failure to provide prompt notice of any third-party Claim will not relieve the Indemnifying Party of its indemnification obligations, except to the extent such failure materially prejudices the Indemnifying Party in defending the third-party Claim.Excerpt from Marqeta's Terms of Use
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The clause states: “Failure to provide prompt notice of any third-party Claim will not relieve the Indemnifying Party of its indemnification obligations, except to the extent such failure materially prejudices the Indemnifying Party in defending the third-party Claim.”
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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