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| Driversshield.com
CRM Corporation
Affiliate Program Operating Agreement |
| ARTICLE
6. REPRESENTATIONS AND WARRANTIES; LIMITATIONS |
6.1.
driversshield.com Warranty. driversshield.com represents and
warrants for the benefit of the Host that on the Effective Date
and during the Term (as defined in Section 9): (i) the content
developed by driversshield.com, or on its behalf, on the driversshield.com
Website does not and will not infringe any copyright, trademarks,
or trade secrets of any third party and does not and will not
constitute a defamation or invasion of the rights of privacy
or publicity of any kind of any third party, (ii) the driversshield.com
Website does not violate the laws, statues or regulations of
any jurisdiction, (iii) the Host's use of the driversshield.com
Marks pursuant to Article 4 does not violate the rights of any
third party, including without limitation, copyright, trademark,
trade secret, privacy, publicity or other right.
6.2. Host Website Warranty. The Host represents
and warrants for the benefit of driversshield.com that on the
Effective Date and during the Term: (i) the content developed
by the Host Website, or on its behalf, on the Host Website does
not and will not infringe any copyright, trademarks, or trade
secrets of any third party and does not and will not constitute
a defamation or invasion of the rights of privacy or publicity
of any kind of any third party, (ii) the Host Website does not
violate the laws, statues or regulations of any jurisdiction,
and (iii) driversshield.com's use of the Host website Marks
pursuant to Article 4 does not violate the rights of any third
party, including without limitation, copyright, trademark, trade
secret, privacy, publicity or other right.
6.3. Indemnification By driversshield.com.
driversshield.com agrees to indemnify and hold harmless the
Host, its subsidiaries its affiliates, its officers, directors,
employees and agents from and against any claims, demands, causes
of action and judgments (including reasonable attorneys' fees,
court costs and costs of appeal) (collectively, "the Host Website
Claims") by any third party arising out of any breach or alleged
breach of any of driversshield.com's representations and warranties
contained in Section 6.1, provided that the Host gives driversshield.com
prompt written notice of the assertion of any such Host Website
Claim. driversshield.com shall have the option to undertake
and control the defense and settlement of any such the Host
Website Claim; provided, however, that the Host may participate
in any such proceeding at its own expense with counsel of its
own choosing.
6.4. Indemnification By the Host. The Host
agrees to indemnify and hold harmless driversshield.com, its
subsidiaries its affiliates, its officers, directors, employees
and agents from and against any claims, demands, causes of action
and judgments (including reasonable attorneys' fees and court
costs) (collectively, "driversshield.com Claims") by any third
party arising out of any breach or alleged breach of any of
the Host Website's representations and warranties contained
in Section 6.2, provided that driversshield.com gives the Host
prompt written notice of the assertion of any such driversshield.com
Claim. The Host shall have the option to undertake and control
the defense and settlement of any such the Host Website Claim;
provided, however, that driversshield.com may participate in
any such proceeding at its own expense with counsel of its own
choosing. |
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