JVZoo doesn’t guarantee that Merchant will get to people sorts of money otherwise efficiency using Seller’s use of the Affiliate System
18. . Supplier usually protect, indemnify, and keep simple JVZoo, brand new Associates, as well as their associates, directors, personnel, representatives, successors and assigns from and you can up against all says, methods, loss, accountability, damage, will set you back, and you will expenses (and sensible attorneys’ costs and you will costs) (along «Claims») due to, related to or of the people acts otherwise omissions from Seller, this new offer, marketing, otherwise accessibility any kind of Seller’s products or services (together with any Physical Things), people violation of the Arrangement by the Provider, or people infraction because of the Seller of any representations otherwise warranties contained here. JVZoo supplies the proper, during the Seller’s expenses, to visualize brand new personal shelter and you can control over one number otherwise subject to indemnification because of the Provider hereunder. Seller hereby understands that the Associates developed 3rd party beneficiaries of foregoing indemnification obligations. Zero payment is consummated rather than JVZoo’s show created consent, and this shall not be unreasonably withheld.
Included in it indemnification obligations, JVZoo should feel the best off counterbalance facing any amounts owed hereunder to Merchant when it comes down to indemnification personal debt set forth significantly more than
Seller often quickly alert JVZoo of any current, impending, or potential suit against they of the an authorized for issues relating to JVZoo, brand new Member Program, which Agreement, or one advice provided in the partnership therewith (or one mix of the foregoing) in the event the exact same comes up.
Indemnity
19. Confidentiality. Subject to the Privacy Policy set forth on the Site, in the course of this Agreement, each party may have access to confidential and proprietary information («Confidential Information») relating to the Seller, JVZoo or Affiliates. Each party agrees not to disclose or disseminate the Confidential Information without prior express written consent from the relevant party to whom such Confidential Information relates, except to the extent required by law. The term «Confidential Information» shall include, without limitation, the terms of this Agreement (including pricing and payments) and information regarding existing or contemplated services, products, Affiliates, Sellers, processes, techniques, advertising or know-how, or any information or data developed pursuant to the performance of the services. However, Confidential Information shall not include information that is or becomes part of the public domain through no action or omission of the receiving party, that becomes available to the receiving party from third parties without such receiving party’s knowledge of any breach of fiduciary duty, or that the receiving party had in its possession prior to the date of this Agreement. Notwithstanding the foregoing, in no event shall the ratings published by JVZoo on the Site or the Seller’s sales information and general performance data for Seller’s participation in the Affiliate Program be deemed Confidential Information.
20. European union Personal information. As of , You agree that at any time when You have not accepted the JVZoo Data Processing Addendum (or when it is not in full force and effect for any other reason), You shall be prohibited from Processing Client Personal Data regulated by EU Data Protection Laws (all capitalized references in this Section 20 and not otherwise defined in this Agreement shall have the meaning defined in the said Addendum), including, but not limited to, the EU General Data Protection Regulation) or requesting that JVZoo Process such Client Personal Data on your behalf, and shall be obligated to immediately cease and desist from any such Processing activities, for as long as the said Addendum is not in full force and effect. You agree to indemnify and hold harmless JVZoo and its officers, directors, employees, agents, affiliates, successors, and permitted assigns against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind which JVZoo may sustain as a consequence of the breach by You of Your obligations pursuant to this paragraph. For the sake of clarity, in the context of performing the services contemplated herein, JVZoo is acting as a Processor and you are acting as a Controller.