These aadgo Terms and Conditions (“Agreement”) are entered into as of the date of registration for and/or first use of the aadgo Products (“Effective Date”), by and between aadgo, Inc. (“aadgo”) and the customer listed in said registration information (“Customer”). By registering for or using the aadgo Products, Customer acknowledges that it is agreeing to the terms of this Agreement. If Customer disagrees with the terms of this Agreement, aadgo does not grant and/or aadgo may immediately terminate Customer’s right to access or use the aadgo Products.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
WHEREAS, Customer desires to enter into this Agreement to access and use the aadgo Application Programming Interface (“API”), user interface, platform, website, plugins, software and related documentation and materials provided by aadgo to Customer (collectively, “aadgo Products”);
WHEREAS, aadgo desires to grant Customer the right to access and use the aad go Products in strict accordance with this Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
Scope & Current Offerings. As of the Effective Date, aad go offers certain aad go Products to Customer. aad go may add, remove, suspend, discontinue, modify or update the aad go Products at any time, in its discretion. All updates provided to aad go’s other customers generally and without additional fees shall also be made available to Customer. After the effective date of such update, aad go shall bear no obligation to run, provide or support legacy versions of the aad go Products.
Support, Uptime & Training. aad go shall not be obligated to provide any training or customer support for the aad go Products and makes no representations with respect to any service levels or uptime requirements for the aad go Products.
GRANT OF RIGHTS, METRICS, IMPLEMENTATION & ACCESS
Rights to aad go Products. Subject to the terms and conditions of this Agreement, aad go grants Customer a limited, revocable, non-exclusive, non-sublicensable, non-transferable right to use the aad go Products solely to shorten uniform resource locators (“URL”), receive aad go Metrics and utilize the other products and services contemplated herein during the Term. The grant of rights contemplated in this Section 2(A) shall be for Customer’s internal, non-commercial business purposes, and Customer acknowledges that any enterprise or commercial use of the aad go Products will require the execution of additional terms and conditions, and agrees to contact aad go at email@example.com regarding any use therefor.
Implementation and Access. aad go shall provide Customer with non-transferable access credentials for the aad go Products. Customer shall not (i) misrepresent or mask identities when using the aad go Products or seeking access credentials; (ii) select or use as a username a name subject to any rights of a person or entity other than Customer without appropriate authorization; (iii) select or use, as Customer’s username, a name that is otherwise offensive, vulgar or obscene; or (iv) exceed any access permitted by aad go. Customer shall safeguard all access credentials provided by aad go and shall ensure the confidentiality and security thereof. To the extent Customer is a corporate entity rather than an individual (1) only employees and contractors of Customer (“Personnel”) may use the aad go Products; (2) Customer shall require its Personnel to comply with all Laws and the use restrictions (including user seat restrictions, if applicable) set out in the Agreement or otherwise prescribed by aad go; (3) Customer represents and warrants that its Personnel have the capacity and authority to enter into this Agreement; and (4) Customer acknowledges that it shall be fully responsible for any acts or omissions of its Personnel, whether authorized or unauthorized. aad go may update, refresh or change the manner of accessing the aad go Products in its discretion.
INTELLECTUAL PROPERTY & GRANT RESTRICTIONS
Ownership. Except for any Customer Content or Customer Services, Customer acknowledges and agrees that aad go is the sole and exclusive owner of all right, title and interest in and to the aad go Products and aad go Metrics and all related documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications and improvements thereof (“aad go Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the aad go Materials. Except for the limited license rights expressly granted herein, no rights to aad go Materials are granted hereunder and all rights in such aad go Materials are reserved.
Feedback. Customer is not required to provide any suggestions, enhancement requests, recommendations or other feedback regarding the aad go Products or aad go Metrics ("Feedback”). However, if Customer does so, all right, title and interest in and to such Feedback shall be assigned to, and shall become the sole and exclusive property of, aad go upon its creation.
Legal Restrictions. Customer and its Personnel shall not, and shall not permit any third party to: (i) create any service, software, documentation or data that is competitive with, substantially similar or confusingly similar to any aspect of the aad go Products or aad go Metrics; (ii) use, modify, display, perform, copy, disclose or create derivative works of the aad go Products except as expressly permitted herein; (iii) reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the aad go Products or aad go Metrics, or use any other means to attempt to discover their source code except as expressly permitted herein; (iv) benchmark, encumber, distribute, sublicense, assign, share, sell, rent, lease, pledge or otherwise transfer the aad go Products or aad go Metrics to any third party; (v) transmit harmful, disabling or malicious code or devices, or infringing, defamatory, unlawful, tortious, deceptive, misleading, fraudulent, abusive, indecent or otherwise offensive content, or content that contains someone’s personal information or violates a third party’s intellectual property, privacy or publicity rights (“Prohibited Content”) through the aad go Products; (vi) access via automated or unauthorized means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the aad go Products or aad go Metrics or related systems, including via robots, spiders and other electronic methods; and (vii) obscure, remove or alter any proprietary rights or other notices on the aad go Products or aad go Metrics. Notwithstanding anything to the contrary herein, aad go may, in its sole discretion, immediately revoke the grant of rights contemplated in Section 2(A) if Customer breaches or threatens to breach the restrictions in this Section or creates other security or legal concerns. Customer hereby agrees that aad go will be entitled, in addition to any other remedies available to it at law or in equity, to injunctive relief to prevent the breach or threatened breach of Customer’s obligations under this Section, without any requirement to demonstrate irreparable harm or post a bond.
Technical Restrictions. aad go reserves the right to limit the number and/or frequency of API calls, concurrent URL shortens or other access to or use of aad go Products in its sole discretion. Customer shall not exceed any such limitations in the relevant documentation or as otherwise provided by aad go. If aad go believes that Customer has attempted to exceed or circumvent these limitations, aad go may suspend or block Customer’s access to the aad go Products. aad go may monitor Customer’s use of the aad go Products, including to ensure Customer’s compliance with this Agreement.
Open Source Software. aad go Products may incorporate software that is subject to terms that, as a condition of use, copying, modification or redistribution, require such software and derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge (“Open Source Software”). To the extent any Open Source Software license terms are inconsistent with this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights granted in this Agreement, but solely with respect to such Open Source Software. Any applicable Open Source Software license is solely between Customer and the applicable licensor of the Open Source Software and Customer shall comply with the applicable Open Source Software license.
Third Party Materials. aad go Products may link to or make available third party products, services, websites, social media platforms, data, software or source code, including without limitation Open Source Software (“Third Party Materials”). aad go has no control over Third Party Materials. Accordingly, aad go is not responsible or liable for any Third Party Materials. While aad go has no obligation to monitor Third Party Materials, aad go may remove or modify such Third Party Materials in its discretion, including without limitation to comply with Law. Customer agrees to comply with all terms and conditions and privacy policies related to any Third Party Materials.
CUSTOMER SERVICES, INFORMATION & URLS
Customer Services. aad go shall have no liability for any Customer product or service accessed through or making use of the aad go Products or any end user, customer or Personnel’s use thereof (“Customer Service”). Customer shall not use the aad go Products in any manner implying any partnership with, sponsorship by, or endorsement by aad go. Customer shall not suggest or imply that aad go is the author of or otherwise responsible for the views or content of the Customer Service. Neither Customer nor the Customer Services shall disparage aad go or the aad go Products. The aad go Products shall not be used in connection with any Prohibited Content, or any activities where the use or failure of the aad go Products could lead to death, personal injury or property or environmental damage or adversely impact or impose liability on aad go in any manner.
Customer URLs. Customer hereby grants to aad go an irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free, worldwide license, to use, copy, import, display, reproduce, perform, distribute, create derivative works, alter or modify all URLs provided by Customer to aad go (“Customer URLs”) in connection with the provision, operation and promotion of the aad go Products, creation of aad go Metrics and for other business purposes. Subject to Section 5(C), Customer expressly agrees that it shall not input any Customer content into the aad go Products except Customer URLs. Customer retains all right, title and interest in and to the Customer URLs and is responsible for obtaining, maintaining, retaining and securing the Customer URLs. Customer further acknowledges that all shortened URLs based on Customer URLs will not be broken, taken down, or otherwise disabled even after termination or expiration of this Agreement.
REPRESENTATIONS AND WARRANTIES
Customer Content Warranties. Customer represents and warrants that (i) the Customer URLs and Customer Information (collectively, “Customer Content”) and all information on which the aad go Metrics are based, and the receipt, collection, use and provision thereof, shall not infringe or violate any third party rights, including without limitation any intellectual property, privacy and publicity rights; (ii) the Customer Content, and any information on which the aad go Metrics are based, was received, collected, used and provided to aad go in compliance with all applicable laws, rules and regulations and self-regulatory guidelines and requirements, including without limitation laws on privacy and data security, unsolicited messaging, unfair or deceptive practices, or United States trade or export restrictions (“Laws”); (iii) it has obtained all necessary consents, approvals or other authorizations or permissions for, and has complied with its posted privacy policies and all third-party terms and conditions or privacy policies in connection with, its receipt, use and/or provision of the Customer Content and all information on which the aad go Metrics are based; and (v) that none of the Customer Content or information or data on which the aad go Metrics are based contains any personally identifiable information or persistent identifiers from individuals under the age of 13.
Further Customer Warranties. Customer further represents and warrants that (i) it has implemented or contractually required industry-standard security measures to help protect the security and integrity of, and prevent, unauthorized access to the aad go Products or aad go Metrics, Customer Content and Customer Services; (ii) it will not do anything that will make the aad go Products subject to any open source or similar license which creates an obligation to grant any rights in the aad go Products; (iii) it will not disrupt, disable, erase, alter, harm, damage, interfere with or otherwise impair in any manner the aad go Products or aad go Metrics; (iv) in the event of any security breach or unauthorized access to any aad go Products, aad go Metrics, Customer Content and Customer Services, Customer will immediately investigate such breach and notify aad go in writing, and, unless otherwise notified by aad go, take all corrective action necessary to remedy such breach and/or comply with applicable Law and the requirements of aad go, all at Customer’s cost; and (v) Customer, Customer’s use of the aad go Products, the Customer Content and Customer Services will comply with all Laws and not violate or infringe upon any third party intellectual property, privacy or publicity rights.
aad go DISCLAIMERS. aad go PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. aad go DOES NOT WARRANT THAT: (I) THE aad go PRODUCTS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) SHORTENED URLS, THE aad go PRODUCTS AND aad go METRICS WILL BE ACCURATE, ERROR-FREE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE aad go PRODUCTS ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE aad go PRODUCTS OR aad go METRICS WILL MEET CUSTOMER’S REQUIREMENTS OR ANY OF ITS OR ITS USERS’, PERSONNEL’S OR CUSTOMERS’ BUSINESS NEEDS; OR (V) THE aad go PRODUCTS WILL BE UNINTERRUPTED OR THAT ANY INTERRUPTION WILL BE CORRECTED IN A TIMELY MANNER. CUSTOMER’S USE OF THE aad go PRODUCTS AND aad go METRICS IS SOLELY AT ITS OWN RISK. FURTHER, aad go MAKES NO REPRESENTATIONS OR WARRANTIES AND SHALL ASSUME NO LIABILITY AMOUNTS OR INDEMNITY OBLIGATIONS WITH RESPECT TO ENSURING THAT CUSTOMER’S USE OF THE aad go PRODUCTS AND aad go METRICS COMPLY WITH ANY LAWS OR REGULATIONS OUTSIDE THE UNITED STATES AND CUSTOMER SHALL BE SOLELY LIABLE FOR SUCH COMPLIANCE. aad go SHALL BEAR NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES (E.G., OPEN SOURCE SOFTWARE, SOCIAL MEDIA PLATFORMS, THIRD PARTY MATERIALS OR FOR HOST OR APP STORE PROVIDERS). CUSTOMER RECOGNIZES THAT THE FIGURES CONTAINED IN THE aad go METRICS PRODUCED HEREUNDER ARE ESTIMATES AND MAY BE SUBJECT TO STATISTICAL ERROR. aad go DOES NOT WARRANT THAT THE aad go METRICS WILL BE COMPLETELY CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. aad go HEREBY DISCLAIMS ANY LIABILITY FOR ANY USE OR RELIANCE ON THE aad go METRICS BY CUSTOMER AND THIRD PARTIES.
Confidentiality. Customer agrees that the business, technical and financial information of aad go that is designated in writing as confidential, or that should reasonably be considered confidential given the nature of the information and/or the manner or means of disclosure, shall be the confidential property of aad go (“Confidential Information”). aad go’s Confidential Information includes the aad go Materials. Confidential Information shall only be used by Customer as explicitly authorized in writing by aad go. Customer shall use all necessary measures to safeguard aad go’s Confidential Information. Confidential Information does not include information that Customer can show by pre-existing written evidence (i) was previously rightfully known to the receiving party without restriction on disclosure; (ii) is or becomes known to the general public, through no fault or breach on the part of the receiving party; (iii) is disclosed to the receiving party by a third party without breach of any separate nondisclosure obligation; or (iv) is required to be disclosed pursuant to a judicial order or third party subpoena, provided Customer provides written notice to aad go in order for aad go to seek an appropriate remedy and only discloses the minimum information required by the order or subpoena. Customer hereby agrees that aad go will be entitled, in addition to any other remedies available to it at law or in equity, to injunctive relief to prevent the breach or threatened breach of the receiving party’s obligations under this Section, without any requirement to demonstrate irreparable harm or post a bond.
INDEMNIFICATION AND RESPONSIBILITY
Indemnification Customer will defend, indemnify and hold harmless aad go, its parents, subsidiaries, affiliates and their employees, officers, directors, representatives, contractors, customers, business partners, successors and assigns (“aad go Indemnitees”) from and against any third party claims and actions, and resulting damages, liabilities and costs (including reasonable attorneys’ fees and expenses) incurred by aad go Indemnitees arising out of or directly or indirectly related to (a) the Customer Content, Customer Services or any other Customer products and services; (b) Customer’s acts and omissions hereunder, breach of this Agreement, or violation of Laws; and/or (c) any allegation of intellectual property, privacy or publicity infringement concerning Customer Content or Customer Services. aad go shall promptly notify Customer of any claim for which it seeks indemnification; provided, however, that any delay in providing notification shall not vitiate Customer’s indemnification obligations unless Customer is materially prejudiced thereby. Customer shall have sole control over the defense of any claim under this Section, except that aad go may approve any counsel used by Customer and that aad go may participate in the defense, at Customer’s cost. All settlements of indemnification claims require the consent of aad go.
LIMITATION OF LIABILITY
LIABILITY LIMITATION. IN NO EVENT SHALL aad go BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE aad go PRODUCTS, aad go METRICS OR OTHERWISE HEREUNDER FOR ANY CLAIM RELATED TO (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE aad go PRODUCTS; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CUSTOMER CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH CUSTOMER’S USE OF THE aad go PRODUCTS; (V) CUSTOMER’S FAILURE TO PROVIDE aad go WITH ACCURATE ACCOUNT OR OTHER INFORMATION; (VI) ANY LIABILITY RESULTING FROM CUSTOMER’S FAILURE TO KEEP ITS PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (VII) CUSTOMER’S FAILURE TO ACCESS THE aad go PRODUCTS DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BY CUSTOMER; OR (VIII) AMOUNTS FOR ALL CLAIMS HEREUNDER IN THE AGGREGATE IN EXCESS OF $100.00.
TERM AND TERMINATION
Agreement Term. This Agreement shall commence on the Effective Date and continue unless otherwise terminated as permitted herein (“Term”).
aad go Right to Terminate. aad go may terminate this Agreement immediately in its discretion. Upon expiration or termination of this Agreement, all applicable rights and access granted to Customer shall automatically terminate and Customer and its Personnel shall cease any further use of the aad go Products and return, or, if directed by aad go, destroy, all Confidential Information of aad go. Any Section of this Agreement which by its nature would survive such expiration or termination shall so survive.
GOVERNING LAW & CLASS ACTION WAIVER
Governing Law. This Agreement and the transactions contemplated hereby shall be governed by and construed under the law of the State of New York without regard to conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
Arbitration. While aad go will make reasonable efforts to resolve any disagreements Customer may have with aad go, if these efforts fail Customer agrees that all claims, disputes or controversies against aad go arising out of this Agreement ("Claims") are subject to fixed and binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that Customer attends will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to Customer’s then current residential address, or at some other place to which the parties agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. Customer shall not be entitled to join or consolidate Claims in arbitration by or against other users or customers or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. Customer may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association using the contact information noted below.
American Arbitration Association
(toll-free) Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to the parties. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by the parties. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless either party appeals it in writing within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed.
In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Limitation for Bringing Claims. Customer agrees that regardless of any statute or law to the contrary, any Customer claim or cause of action arising out of, related to or connected with the use of the aad go Products, aad go Metrics or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
Relationship of the Parties. The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Entire Agreement and Severability. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the parties with respect thereto. No additional or conflicting terms set out on Customer order, invoice, statement or other document, or contained in any “shrinkwrap” or “clickwrap” agreements, are binding. If any provision of this Agreement are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
Force Majeure. aad go shall not be liable for any delay in performing or failure to perform aad go’s obligations hereunder where such delay or failure results from any cause beyond aad go’s reasonable control, including, without limitation, cyber-attacks, mechanical, electronic or communications failures, acts of God, terrorism, war, natural disasters, failure of any telecommunications or transportation or of any third party provider or supplier (e.g., host or app store providers) or labor disputes.
Assignment. This Agreement is personal to Customer, and is not assignable, transferable or sublicensable by Customer except with aad go’s prior written consent. Any attempt to do so without aad go’s prior written consent is void. aad go may assign, transfer, sublicense or delegate any of aad go’s rights and obligations hereunder without consent.
Notices. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when sent, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Headings; Interpretation. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation.”
Export. The parties shall comply with all applicable export and import control laws and regulations, and, in particular, shall not export or re-export the aad go Products without all required United States and foreign government licenses.
Government Use. The aad go Products are "commercial items" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Any access to or use of the aad go Products by any government entity is prohibited, except as expressly permitted by the terms of this Agreement. Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. If Customer uses the aad go Products in its official capacity as an employee or representative of a U.S., state or local government entity and is legally unable to accept the indemnity, jurisdiction, venue or other clauses herein, then those clauses do not apply to such entity, but only to the extent as required by applicable law.
Publicity. Customer may not use aad go’s logos or trademarks in any manner without aad go’s prior written permission, which may be withheld in its sole discretion. Customer grants aad go the right to use Customer’s logos or trademarks in any case studies or marketing or publicity materials and on its website to identify Customer as a customer that uses the URL Shortener Services.