Common use of Developer’s Responsibilities Clause in Contracts

Developer’s Responsibilities. Developer shall be solely responsible for, and shall indemnify, defend and hold harmless Constant Contact against, any third party claims arising from the Offering. Developer shall implement the APIs in accordance with the Constant Contact API Documentation. Developer shall not perform bulk operations with APIs which are designed for single contact operations (such as the API_AddSiteVisitor and API_UnsubscribeSiteVisitor). Developer shall not perform single contact operations with APIs which are designed for performing bulk operations. Developer shall ensure that all Offerings which access the Constant Contact Products will comply with all applicable laws and regulations. Developer agrees that it may use the APIs to add or update only subscribers that have been obtained by the User using permission-based standards pursuant to which the subscriber has agreed to receive electronic mail communications from the Offering User. Address information from purchased lists, distribution lists, newsgroups or spam email address lists is not considered “permission-based” for any purpose under this Agreement.

Developer’s Responsibilities. Developer shall be solely responsible for, and shall indemnify, defend and hold harmless Constant Contact against, any third party claims arising from the Offering. Developer shall implement the APIs in accordance with the Constant Contact API Documentation. Developer shall not perform bulk operations with APIs which are designed for single contact operations (such as the API_AddSiteVisitor and API_UnsubscribeSiteVisitor). Developer shall not perform single contact operations with APIs which are designed for performing bulk operations. Developer shall ensure that all Offerings which access the Constant Contact Products will comply with all applicable laws and regulations. Developer agrees that it may use the APIs to add or update only subscribers that have been obtained by the User using permission-based standards pursuant to which the subscriber has agreed to receive electronic mail communications from the Offering User. Address information from purchased lists, distribution lists, newsgroups or spam email address lists is not considered “permission-based” permission- based for any purpose under this Agreement.