By Advertiser. Advertiser will defend, indemnify, and hold harmless Agency, Media Company and each of their respective Affiliates and Representatives from Losses resulting from any Claims resulting from (i) Advertiser’s alleged breach of Section XII or of Advertiser’s representations and warranties in Section XIV(a), (ii) Advertiser’s violation of Policies (to the extent the terms of such Policies have been provided (e.g., by making such Policies available by providing a URL) via email or other affirmative means, to Agency or Advertiser at least 14 days prior to the violation giving rise to the Claim), (iii) the content or subject matter of any Ad or Advertising Materials to the extent used by Media Company in accordance with these Terms or an IO, and/or (iv) any breach by Advertiser of any of the other provisions of the IO and/or the Terms, and/or Advertiser’s violation of any of the Policies.
By Advertiser. Advertiser agrees to indemnify, defend and hold The Company and The Company’s representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) Advertiser’s use of the Service, including but not limited to, fraudulent or deceptive acts or transactions through Advertiser’s use of the Service (except to the extent that The Company has breached this Agreement), (ii) Advertiser’s web sites, products or services or
By Advertiser. To the fullest extent permitted by law, Advertiser shall, at its own expense, defend Retailer and its directors, officers, employees and agents (each a “Retailer Indemnitee”) from and against any third party claim, demand, suit, cause of action or proceeding arising out of any breach of any representation or warranty made by Advertiser and Advertiser’s designated service providers in this Agreement, whether actual or alleged (the “Claims Against Retailer”). Advertiser, at its own expense, shall indemnify and hold harmless each of the Retailer Indemnitees from and against any and all damages, liabilities, obligations, penalties, judgments, awards, costs, expenses and disbursements, arising out of the Claims Against Retailer.
By Advertiser. If you are an advertiser, you state that the following facts are accurate and will continue to be accurate during this agreement:
By Advertiser. Advertiser will defend, indemnify, and hold harmless Media Company and each of its Representatives from Losses resulting from any Claims resulting from: (i) Advertiser’s breach of Section XII or of its representations and warranties in Section XIV(a), or (ii) the content or subject matter of any Ad or Ad Materials used by Media Company in accordance with this Agreement.
By Advertiser. Advertiser represents, warrants and covenants that: (i) it has sufficient rights to xxxxx XX Networks the rights and licenses set forth herein; (ii) to the best of its knowledge, the Advertiser Services and the Advertiser Site does not and will not violate any applicable law or regulation; (iii) the execution, delivery and performance of this Agreement by it does not conflict with any agreement to which it is a party or by which it may be bound; (iv) it has full legal authority to enter into this Agreement and to carry out the provisions hereof; (v) to the best of its knowledge, the Advertiser Services and the Advertiser Site do not infringe in any manner any copyright, patent, trademark, trade secret or other Intellectual Property right of any third party; (vi) to the best of its knowledge, the Advertiser Services and the Advertiser Site do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (vii) the Advertiser Services and the Advertiser Site are not false or misleading; (viii) the Advertiser Services and the Advertiser Site do not produce, provide or are in any manner related to pornographic products or services (which TW Networks shall have complete discretion to define), or their subsidiaries or foundations funded by such companies whose function is to improve acceptance of such products by the public; and (ix) the Advertiser Services and the Advertiser Site are neither defamatory, libelous, militant, hateful, slanderous or threatening (which TW Networks shall have complete discretion to define). Advertiser further represents that all information provided to TW Networks for the purpose of enrolling as a advertiser will be accurate, complete and current. Advertiser is responsible for keeping contact information up to date, including but not limited to financial information and contact emails.
By Advertiser. Advertiser agrees to indemnify, defend and hold harmless TW Networks and its officers, directors, employees, agents, successors and assigns from and against any and all losses, liabilities, damages, penalties and claims and all related costs and expenses (including reasonable attorneys' fees) related to claims made by third parties against TW Networks: (i) alleging that Advertiser's Marks or other Intellectual Property infringe the patents, copyrights, trademarks or service marks or other Intellectual Property rights of such third parties; (ii) arising out of or relating to the Advertiser Service or the Advertiser Marks; or (iii) due to a breach by Advertiser of its warranties, representations, obligations or covenants or otherwise breaches this Agreement.
