Customer is required to indemnify Marqeta, the Issuer, and the KYC Service Provider against claims, costs, and damages arising from Customer's breach, its customers' conduct, Retail Partners' legal violations, Card Brand fines imposed on or through the Issuer, and the general operation of Customer's business under the agreement. This indemnification obligation extends to third-party claims arising from conduct by parties downstream of Customer, including cardholders and retail partners.
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
This provision requires Customer to absorb financial and legal exposure arising not only from its own conduct but also from the acts or omissions of its customers, Retail Partners, and Lending Bank in connection with the agreement. The inclusion of Card Brand fines and Issuer-imposed penalties within the indemnification scope means Customer's liability exposure may be determined by regulatory or network actions outside Customer's direct control.
Under this clause, Customer is contractually obligated to defend and indemnify Marqeta and the Issuer against damages arising from Customer's end-users' conduct, regulatory violations by downstream partners, and Card Brand-imposed penalties. The agreement requires Customer to bear these costs regardless of whether the triggering conduct was directly attributable to Customer's own operational decisions.
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Compare across platforms →"Customer will indemnify, defend, and hold harmless Marqeta, Issuer, and, when applicable, the KYC Service Provider (as defined in Section F (KYC Services)) and each of their respective officers, directors, employees, and agents, from and against all Damages as a result of any Claim arising out of, relating to, or alleging: (i) Customer's material breach of the Agreement, (ii) the gross negligence, willful misconduct, or fraud of Customer or any of Customer's personnel or Customer's customers or, when applicable, Retail Partners (as defined in Section D (Managed by Marqeta)), in connection with the Agreement, (iii) the violation of any Applicable Law or Card Brand Rules by any Customer's customers or, when applicable, Retail Partner in connection with the Agreement, (iv) Customer's infringement of the intellectual property rights of any third party in connection with the Agreement, (v) any fines, fees, penalties, assessments, or other amounts imposed by, or on, Issuer, or imposed by any Card Brand in connection with the Agreement, (vi) the business or services of Customer relating to the Agreement, or, when applicable, any of Customer's customers, Retail Partner, or Lending Bank (as defined in Section D (Managed by Marqeta)) relating to the Agreement.Excerpt from Marqeta's Terms of Use
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This provision requires Customer to absorb financial and legal exposure arising not only from its own conduct but also from the acts or omissions of its customers, Retail Partners, and Lending Bank in connection with the agreement. The inclusion of Card Brand fines and Issuer-imposed penalties within the indemnification scope means Customer's liability exposure may be determined by regulatory or …
Under this clause, Customer is contractually obligated to defend and indemnify Marqeta and the Issuer against damages arising from Customer's end-users' conduct, regulatory violations by downstream partners, and Card Brand-imposed penalties. The agreement requires Customer to bear these costs regardless of whether the triggering conduct was directly attributable to Customer's own operational decisions.
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