Apple Inc. is an American multinational technology company headquartered in Cupertino, California, that designs, develops, and sells consumer electronics, computer software, and online services. Its hardware products include the iPhone smartphone, the iPad tablet computer, the Mac personal computer, the iPod portable media player, the Apple Watch smartwatch, and the Apple TV digital media player. Apple’s consumer software includes the OS X and iOS operating systems, the iTunes media player, the Safari web browser, and the iLife and iWork creativity and productivity suites. Its online services include the iTunes Store, the iOS App Store and Mac App Store, and iCloud.
​eCommerce has gone global and knows no borders. As a result, shoppers are more often making retail purchases from companies based outside of their own country. Borderfree Chief Strategy Officer Kris Green commented on this trend saying, “You [the consumer] don’t necessarily know or care, you just know that it’s coming to you and you know what you’re going to have to pay. I find more and more consumers just want to be able to see the price, have no surprises and will be indifferent as to where the product is coming from.”
Commission and Payment. Requirements for Payment; Forfeiture. In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement (generally completed through the Affiliate Tool); (ii) completed all steps necessary to create your account in the Affiliate Tool in accordance with our directions, (iii) have a valid and up-to-date paypal account and updated the Affiliate Tool with such account (iv) completed any and all required tax documentation in order for HubSpot to process any payments that may be owed to you.
Shopify has three different account types as well as standalone third-party products like themes and apps. Commissions are paid for sales of any of these products, including users who sign up for a 14-day free trial and then convert to a paid account. Shopify also has a wide range of blog posts, webinars, and video tutorials that can be linked to with the standard commission paid on any sales that are generated.

Cost per mille requires only that the publisher make the advertising available on his or her website and display it to the page visitors in order to receive a commission. Pay per click requires one additional step in the conversion process to generate revenue for the publisher: A visitor must not only be made aware of the advertisement but must also click on the advertisement to visit the advertiser's website.


You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the "Affiliate Trademarks") in any advertisement or other materials used to promote FatCow and the Affiliate Program, provided that FatCow’s use of the Affiliate Trademarks is not required and is at its sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program.
Company will undertake all reasonable efforts to provide technical assistance to MA under this Agreement when MA is unable to resolve certain technical issues and to rectify or provide solutions to problems where the Technology does not function as described in the Technology documentation, but Company does not guarantee that the problems will be solved or that any item will be error-free. This product support commitment is only applicable to Company’s Technology running under the certified environments specified in the release notes of the end user licensing agreement for that Technology or Package. Company may from time to time, however, discontinue Technology or versions and stop supporting Technology or versions one year after discontinuance, or otherwise discontinue any support service. Company is not liable for incidental, special or consequential damages for any reason (including loss of data or other business or property damage), even if foreseeable or if MA or Customer has advised of such a claim. Company's liability shall not exceed the fees that MA has paid under this Agreement. MA agrees that the pricing for the services would be substantially higher but for these limitations.
Affiliate marketing is an online advertising channel in which advertisers (online merchants that sell products or services) pay publishers (independent parties that promote the products or services of an advertiser on their Web site) only for results, such as a visitor making a purchase or filling out a form, rather than paying simply to reach a particular audience. This "pay-for-performance" model is in essence the modern version of the "finders'-fee" model, where individuals who introduce new clients to a business are compensated. The difference in the case of affiliate marketing is that advertisers pay their publishers only when the new client introduction results in a sale or a lead, making it a low-risk, high-reward environment for both parties.
11.6. Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, which may be withheld in our sole discretion. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Bodybuilding gives affiliates a great set of XML feeds that you can use to stream some of their best products – top 50, top 100, best sellers, etc. It has all the data for each product and automatically tags the hyperlink with your affiliate code. The only issue was that it wasn’t necessarily formatted the way I wanted it to be for the app, so I downloaded the XML, re-formatted it, and uploaded it to my own server which is where my app pulled from. This gave me full control.
Scammers can take advantage of consumers' difficulties verifying an online persona's identity,[98]:1 leading to artifices like phishing (where scam emails look identical to those from a well-known brand owner)[99] and confidence schemes like the Nigerian "419" scam.[100][101][102] The Internet Crime Complaint Center received 289,874 complaints in 2012, totaling over half a billion dollars in losses, most of which originated with scam ads.[103][104]
In quick and easy steps, launch campaigns on your sites and apps, analyze your site performance and optimize your revenue. Our business development team and our help desk will guide you into the code integration. We offer solutions for an unlimited number of sites and apps. Plus, you will access to your online statistics to optimize your campaigns in real-time following your business objectives.
MUNDOmedia is an online performance based advertising company that connects 30,000+ publishers around the globe, as well as more than 2,000 advertisers. The areas of an expertise in digital advertising are Cost Per Installs for Mobile focused clients, Cost Per Acquisition for Desktop focused clients and Pay Per Call. MUNDOmedia operates in more than 150 countries and deliver more than 20 million unique clicks a day for its clients.
To me, taken together and considering the latest partnerships, these moves mark Airbnb’s latest phase of growth. The earliest concept of the site was around people offering spare beds and rooms in their homes as an alternative to staying in more pricey, impersonal or too touristy hotels. Then it progressed to people offering their whole (regular, not vacation) homes when they were not in them.
Thanks to Robert for sharing their advice and opinions in this post. Robert Glazer is the founder and managing director of Acceleration Partners, which was ranked #4 on Fortune’s 10 Best Workplaces in Advertising & Marketing and ranked #5 on Great Places To Work’s Best Workplaces for Women. Acceleration Partners is a performance marketing firm focused on online customer acquisition for growing consumer and e-commerce companies. Robert was named to the Boston Business Journal’s 40 Under 40 List and was awarded the 2016 SmartCEO Future 50 Award. Robert believes in the power of giving back and has served on the Board of Directors of Big Brothers Big Sisters Massachusetts Bay and on the Global Leadership Committee of EO (Entrepreneurs’ Organization); he also founded the Fifth Night charitable event.
This approach differs greatly from less savvy merchants who decide to work directly with networks in markets they do not understand or with agencies who claim to have an international presence without retaining local market knowledge, offices and staff. Merchants who opt for network managed services risk lost time, lost revenue and brand reputation damage if the network is not vigilant in understanding the culture and working with affiliates to ensure they are appropriately advertised. Networks are biased by necessity. Their interest is primarily focused on their own portfolio and recurring revenue streams. This bias can be of detriment to the growth of an affiliate channel poised to expand internationally if opportunities for increased exposure and ad placements through other platforms are ignored in favor of protecting their own bottom line.
Get on board around the US with Boatbound! This boat rental app could serve as the platform for planning your next party (assuming there’s water nearby – might want to check that first). Some include captains, while others allow you to take the helm. Sadly, it doesn’t seem to be available in other countries, but no worries – you can always visit us in Amsterdam if the US is too far away!
Customers who buy products through the Program will be deemed to be customers of Ticketfly. Accordingly, all Ticketfly.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to such customers with respect to their transactions at Ticketfly.com. We may change our policies and operating procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Affiliate may not display Ticketfly price information on Affiliate’s Site. Ticketfly will use commercially reasonable efforts to present current and accurate information, but cannot guarantee the availability or price of any particular event.

Because of its efficiency, it is used during all stages of the customer journey – from the phase of rising brand awareness to the retention phase. Of course, if the promoted product or service is satisfying, customers will naturally spread the word about it. This means affiliate marketing ultimately helps with generating word of mouth and every good marketer knows nothing can beat the power of recommendation.  

Specify the affiliate value obtained from your tracking partner. For the eBay Partner Network, the tracking ID is the provided Campaign ID ("campid"). A Campaign ID is a unique 10-digit number used for associating traffic and is valid across all programs to which you have been accepted. Another example of this value is the Affiliate ID given to you by TradeDoubler.
A browser extension is a plug-in that extends the functionality of a web browser. Some extensions are authored using web technologies such as HTML, JavaScript, and CSS. Most modern web browsers have a whole slew of third-party extensions available for download. In recent years, there has been a constant rise in the number of malicious browser extensions flooding the web. Malicious browser extensions will often appear to be legitimate as they seem to originate from vendor websites and come with glowing customer reviews.[28] In the case of affiliate marketing, these malicious extensions are often used to redirect a user’s browser to send fake clicks to websites that are supposedly part of legitimate affiliate marketing programs. Typically, users are completely unaware this is happening other than their browser performance slowing down. Websites end up paying for fake traffic number, and users are unwitting participants in these ad schemes.
Our clients love the growth and profitability we bring through their affiliate channel as well as insights we provide along the way. We look to improve every step of the purchase funnel and truly partner with our advertisers and clients to optimize the purchase path while providing true transparency as we work to achieve goals for our clients. We’re the affiliate marketing agency of choice for some of the world’s best brands and are proud of the trust they place in our support of their marketing efforts.
The collection of user information by publishers and advertisers has raised consumer concerns about their privacy.[28][60] Sixty percent of Internet users would use Do Not Track technology to block all collection of information if given an opportunity.[92][93] Over half of all Google and Facebook users are concerned about their privacy when using Google and Facebook, according to Gallup.[94]
HomeNav will make available to Affiliate, or Affiliate will create, subject to HomeNav’s approval, a variety of graphic and textual links (the “Links”) in order to link to the HomeNav Website. Affiliate and HomeNav will cooperate in good faith to develop and implement the Links. Each Link will permit recipients to navigate directly to a page on the HomeNav Website designated by HomeNav via a special tagged link format. Affiliate shall not place any Link on any page or screen that contains content that advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities; violates intellectual property rights of third parties; contains or promotes deceptive information; or is otherwise objectionable to HomeNav.
Affiliate Training and Support.  We may make available to you, without charge, various webinars and other resources made available as part of our Affiliate Program. If we make such resources available to you, you will encourage your sales representatives and/or other relevant personnel to participate in training and/or other certifications as we recommend and may make available to you from time-to-time. We may change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice.
As Todd Crawford of Impact Radius puts it: “Marketers will need to monitor their vendors and partners for compliance with the GDPR. Vetting relationships will be extremely important, as well as ensuring that each party and your company have the appropriate consents and disclosures concerning collection, tracking, and processing personal data of your customers. Intelligent tools will be key for monitoring the types and treatment of covered data. As 2018 nears, it is essential to ask your vendors and partners whether they are or will be compliant by the May deadline, and to provide supporting details concerning their compliance efforts.”
FriendFinder is an adult-friendly network of dating websites that has a terrific affiliate marketing program, both in terms of customer service and commission rates. Because they rely heavily on affiliates to recruit new members, they treat their affiliates like true business partners. They have a solid reputation for payment and security, and have frequent special offers. Checking into your affiliate account at FriendFinder is always a fun experience, and often a profitable one.

An affiliate marketing agreement may be a merchant’s first defense to prevent third-party advertisers from using unlawful or distasteful advertising practices to advertise the merchant’s business.  Of course, you want affiliates to advertise your company in a legal and professional way, but even more importantly, there’s a chance you could be held liable if they don’t.


Jump up ^ Shashank SHEKHAR (2009-06-29). "Online Marketing System: Affiliate marketing". Feed Money.com. Archived from the original on 2011-05-15. Retrieved 2011-04-20. During November 1994, CDNOW released its BuyWeb program. With this program CDNOW was the first non-adult website to launch the concept of an affiliate or associate program with its idea of click-through purchasing. 

Furthermore, advertisers may encounter legal problems if legally required information doesn't actually display to users, even if that failure is due to technological heterogeneity.[86]:i In the United States, the FTC has released a set of guidelines indicating that it's the advertisers' responsibility to ensure the ads display any required disclosures or disclaimers, irrespective of the users' technology.[86]:4–8
For purposes of this Agreement, the Technology means the electronic access to programs, content and documentation, and Company's end user license agreement as it may be modified by Company for use in the Territory. The relationship between the corporate user and Company and/or its Affiliates shall be as specified in the applicable Company end user license agreement. Notwithstanding the foregoing, as between Company and MA, MA shall be responsible as defined for providing customer and technical support to end users in the Territory. MA will notify Company immediately in the event that it is unable to respond effectively to any end users’ requests.
PeerFly only has a limited number of products at the moment, but they have tremendous momentum and are growing by leaps and bounds. Their payout rates aren’t spectacular, but everything is upfront and transparent, and affiliate satisfaction is very high. PeerFly is perfect for authentic marketers who want to offer high-quality products to their visitors as opposed to “get rich quick” schemes and opaque offers.

MA acknowledges that any breach or threatened breach of this Agreement involving an unauthorized use of Confidential Information or Company and/or its Affiliate’s intellectual property will result in irreparable harm to Company and/or its Affiliate for which damages would not be an adequate remedy, and therefore, in addition to its rights and remedies otherwise available at law, Company and/or its Affiliate will be entitled to seek injunctive or other equitable relief, as appropriate, and MA hereby waives the right to require Company and/or its Affiliate to post a bond. If Company and/or its Affiliate seeks injunctive or other equitable relief in the event of a breach or threatened breach of this Agreement by MA involving an unauthorized use of Confidential Information or Company and/or its Affiliate intellectual property, MA agrees that it will not allege in any such proceeding that Company and/or its Affiliate remedy at law is adequate. If Company and/or its Affiliate seek any equitable remedies, it will not be precluded or prevented from seeking remedies at law, nor will Company and/or its Affiliate be deemed to have made an election of remedies.

Meditation is being promoted left and right by gurus and Tony Robbins types – and for good reason. The benefits of meditation have been shared in fast-paced business circles for years. But how do you get started? Headspace has an answer: treat it like the gym! With regular scheduling and helpful tips, the app serves as an all-in-one “meditation starter kit” that can help you decide whether or not this ancient practice is a smart addition to your daily routine.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

BitterStrawberry.com has 3 mobile traffic moneymaking concepts, that you as an affiliate marketer, newbie or experienced, can immediately start running offers with them. You get all the tools you need to monetize up to 99,9% of your traffic. No matter which is more suited for you, you will have everything in house: performance, highest conversion direct offers, optimization and last, but not least, custom guidance from experienced Affiliate Managers. And everything is for free! No costs, no subscriptions fees!


Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
A trick banner is a banner ad where the ad copy imitates some screen element users commonly encounter, such as an operating system message or popular application message, to induce ad clicks.[34] Trick banners typically do not mention the advertiser in the initial ad, and thus they are a form of bait-and-switch.[35][36] Trick banners commonly attract a higher-than-average click-through rate, but tricked users may resent the advertiser for deceiving them.[37]
Due to a great number of mobile apps on the market, it becomes progressively harder for app businesses to make a profit on their apps and hence finding an alternative revenue channel becomes essential. App affiliate networks allow marketers to leverage their established relationships with advertisers and get access to traffic offers in various verticals and locations. Reaching out advertisers with a specific traffic needs is a task app businesses and affiliate marketers aren’t simply capable to perform on their own effectively. It’s time-consuming and requires establishing business relationships that they don’t have time or a proper experience to establish.
Your acceptance and participation in the Affiliate Program does not mean that you will be accepted into any of our HubSpot Partner Programs, including our Sales Solutions Partner Program, Sales Referral Partner Program or our Agency Partner Program. In order to participate in these programs, you will need to apply in accordance with the relevant application procedure.
A top contextual commerce company, Button connects mobile apps and sites from leading publishers -- Conde Nast, Huffington Post, Ibotta, and more -- to other apps, driving acquisition of valuable users. For example, readers of Conde Nast Traveler can peruse articles on destinations they want to visit, browse hotels on Hotels.com, and be sent directly to the Hotels.com app to fulfill their intent. Button makes affiliate spend more efficient by optimizing performance and rewards based on a customer's purchase history.

Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE HUBSPOT PRODUCTS, HUBSPOT CONTENT, THE AFFILIATE PROGRAM OR THE AFFILIATE TOOL FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND THE AFFILIATE TOOL MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE HUBSPOT PRODUCTS AND AFFILIATE TOOL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE HUBSPOT PRODUCTS AND THE AFFILIATE TOOL INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Wewe Media Network is a performance marketing network that operates on CPA monetization model. It was launched by the group of 3 affiliate veterans. The network features proprietary visitor profile-offer matching technology that is capable to bring high conversion rates and EPCs. Every affiliate manager at WeweMedia used to run 6-7 figure campaigns internally. This ensures Wewe Media Group can provide the required support and advice.
Eligibility. To be eligible for Commission (i) an Affiliate Lead must be accepted and valid in accordance with the ‘Acceptance and Validity’ section, (ii) a Customer Transaction must have occurred (iii)  a Customer must remain a customer sixty (60) days plus the number of days until the end of that calendar month in order to be eligible for a Commission. For example a Customer who makes a purchase on the 15th of March must remain a customer until the 31st of May in order to be eligible for a Commission. All transactions must occur on a HubSpot.com domain. Any transactions occurring on international domains (.fr, .jp, .de, etc.) will not be eligible for Commission. You are not eligible to receive Commission or any other compensation from us based on transactions for Other Products or if: (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; (ii) the applicable Customer objects to or prohibits such compensation or excludes such compensation from its payments to us or HubSpot Affiliates; (iii) the Customer has paid or will pay such commissions, referral fees, or other compensation directly to you, (iv) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of any Affiliate Program Policies that we make available to you, misuse of the Affiliate Tool or by any other means that we deem to breach the spirit of the Marketing Affiliate Program, or (v) the Customer participates in any of our partner programs, including our Agency Partner Program, Sales Referral Partner Program or Sales Solutions Partner Program and is eligible to receive commission in relation to the Customer Transaction under any of these programs. If at any point you are eligible to receive a revenue share payment under the Sales Solutions Partner Program Agreement, Sales Referral Program Agreement or Agency Partner Program Agreement that payment amount will not change based on your participation in the Affiliate Program. For example, you will not be able to receive the Commission set out in this Agreement on any Partner Transaction that was completed whilst participating as a partner in the Sales Referral Partner Program (as defined in the Sales Referral Partner Program Agreement). In competitive situations with other affiliates, we may elect to provide the Commission to the affiliate that we deem to be the most eligible for Commission, at our discretion. We may discontinue Commission payments should any of the eligibility criteria set forth in this subsection fail to be met at any time. Purchases via HubSpot for Startups  or HubSpot for Entrepreneurs are not eligible for Commission payments.
Advertisers have a wide variety of ways of presenting their promotional messages, including the ability to convey images, video, audio, and links. Unlike many offline ads, online ads also can be interactive.[18] For example, some ads let users input queries[69] or let users follow the advertiser on social media.[70] Online ads can even incorporate games.[71]
FatCow will process orders placed by Referred Customers who follow the Links from an Affiliate Site to FatCow. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including FatCow’s services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through our website. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your website and our website are properly formatted.
If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL or reapply using a different domain/URL name and then add the previously rejected domain name/URL to your affiliate account. FatCow, in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.
Affiliate marketing is an online advertising channel in which advertisers (online merchants that sell products or services) pay publishers (independent parties that promote the products or services of an advertiser on their Web site) only for results, such as a visitor making a purchase or filling out a form, rather than paying simply to reach a particular audience. This "pay-for-performance" model is in essence the modern version of the "finders'-fee" model, where individuals who introduce new clients to a business are compensated. The difference in the case of affiliate marketing is that advertisers pay their publishers only when the new client introduction results in a sale or a lead, making it a low-risk, high-reward environment for both parties. 

JVZoo lets you both host and create landing pages on their own website, so it’s far better suited for professional marketers who want to flood the internet with offers, many of them for courses to make money. You don’t need your own website to participate in JVZoo, but you will need to know how to drive traffic to a landing or squeeze page in order to profit from being a JVZoo affiliate.
Websites consisting mostly of affiliate links have previously held a negative reputation for underdelivering quality content. In 2005 there were active changes made by Google, where certain websites were labeled as "thin affiliates".[30] Such websites were either removed from Google's index or were relocated within the results page (i.e., moved from the top-most results to a lower position). To avoid this categorization, affiliate marketer webmasters must create quality content on their websites that distinguishes their work from the work of spammers or banner farms, which only contain links leading to merchant sites.
The biggest difference is the downloads and eye balls. If you build that mobile website and just have it in cyberspace, you still need to go out and drive massive traffic to it via content, advertising, emails, partnerships, etc. When you put an app in the app store, you’re going to get a few hundred downloads in the first week (assuming it’s free and has a good marketing strategy).
Payment for Services, Training and Support. Services, training and support, when applicable and provided by Company, shall be paid for by MA according to agreed upon terms, and a monthly billing report will be created for MA by Company to show utilization of time and charges. A LATE PAYMENT CHARGE of one and one-half percent (1 ½%) or the maximum rate permitted by applicable law, whichever is less, of the outstanding balance due to Company per month will be imposed on all overdue accounts.
For example, my company Oplytic recently worked with Swap.com, an online thrift store that offers more than two million unique items for sale. They were looking to expand their mobile user base, specifically app users and were gaining new customers through app affiliate marketing. However, they didn’t have the data on exactly which affiliates and channels were working the best and, therefore, the best channels to put their marketing dollars toward.

"Confidential Information" Defined. “Confidential Information” includes: (a) the Technology (b) any personally identifiable data or information regarding any end user; (c) any and all information disclosed by Company to MA, in whatever format, that is either identified as or would reasonably be understood to be confidential and/or proprietary; (d) any notes, extracts, analyses or materials prepared by MA which are copies of or derivative works of Confidential Information or from which Confidential Information can be inferred or otherwise understood; and (e) the terms and conditions of this Agreement. “Confidential Information” does not include information received from Company that MA can clearly establish by written evidence: (x) is or becomes known to MA from a third party without an obligation to maintain its confidentiality; (y) is or becomes generally known to the public through no act or omission of MA; or (z) is independently developed by MA without the use of Confidential Information.
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