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Avenge Digital Privacy Policy

As used herein, “Confidential Information” shall mean: (a) either party’s proprietary information, including but not limited to any plans, practices, strategies, forecasts and analyses or other information regarding a party’s operations, technology, software, algorithms, business, finances, marketing, industry know-how, trade secrets, accounts, customers; (b) information marked or designated by either party as confidential; (c) information otherwise disclosed by either party in a manner consistent with its confidential nature; (d) the terms and conditions of this Agreement and any Campaign Terms, including pricing information; (e) as to AD, the Unaccepted Deliverables, any and all information contained in the Unaccepted Deliverables, and all aspects of, and processes associated with, the AD Platform; and (f) either party’s information that is conveyed to the other party, whether or not in written form and whether or not designated as confidential, that is known, or should reasonably be known, by the other party to be confidential. The parties acknowledge that, as a result of the provision of services pursuant to the Agreement, one party (“Disclosing Party”) may disclose Confidential Information to the other party (“Receiving Party”). Confidential Information shall not be used or disclosed, except in accordance with applicable law or the terms of this Agreement. Receiving Party agrees to refrain from disclosing such Confidential Information to any third party, unless (a) disclosure is necessary and permitted in connection with the Receiving Party’s performance of its obligations or exercise of its rights under this Agreement or any other agreement between the Parties, (b) disclosure is required by applicable law; provided, however, that the Receiving Party shall promptly give the Disclosing Party advance notice thereof so as to afford the Disclosing Party an opportunity to intervene and seek an order or other appropriate relief for the protection of its Confidential Information, or (c) any disclosure is made with the prior written consent of the Disclosing Party. Receiving party acknowledges that Disclosing Party does not grant any license to keep or use the Confidential Information and that Disclosing Party remains the sole and exclusive owner of all right, title and interest in and to the Confidential Information. Receiving Party acknowledges that the Confidential Information is provided “as is” and Disclosing Party makes no warranties or guarantees as to its accuracy or completeness. Confidential Information does not include information which the Receiving Party can demonstrate: (i) was known to the Receiving Party at the time of disclosure, free of any obligation to keep it confidential; (ii) became publicly known through no wrongful act of the Receiving Party; (iii) was rightfully and lawfully received by the Receiving Party from a third party who was not bound under any confidentiality provisions; or (iv) is independently developed by the Receiving Party without reliance upon or reference to the Disclosing Party’s Confidential Information. Upon termination of this Agreement, or otherwise on demand by Disclosing Party, Receiving Party agrees that it will promptly return the Confidential Information to Disclosing party or destroy it, as determined in Disclosing Party’s sole discretion, un-copied and undistributed. Destruction of any Confidential Information shall be certified in writing within five (5) days of such request. Receiving Party acknowledges and agrees that monetary damages for breach or threatened breach of this provision are not easily capable of determination and may not be adequate relief, and that the Disclosing Party shall further be entitled to seek injunctive relief without the requirement to post bond, in addition to seeking any other legal and equitable remedies. This Section 7 shall survive any expiration or termination of the Agreement and remain in full force and effect for a period of three (3) years thereafter.