BEFORE YOU PARTICIPATE IN ANY X PROGRAM, PLEASE READ THE TERMS OF THIS X MASTER SERVICES AGREEMENT. BY USING THE APPLICABLE X PROGRAM, ENTERING INTO AN INSERTION ORDER OR OTHER ORDER FORM REFERENCING THIS MASTER SERVICES AGREEMENT, AND/OR BY CLICKING A BUTTON AND/OR CHECKING A BOX INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS MASTER SERVICES AGREEMENT.

1. INTRODUCTION AND DEFINITIONS. We provide you and, if applicable, Authorized Users, access to our products, services, code, and/or software in connection with the applicable X program (each a “Program(s)”) for your use, subject to your acceptance of and compliance with this Master Services Agreement (the “MSA”), the terms and conditions, if any, of the Programs in which you participate (each, “Program T&Cs”), as such terms are updated from time to time, and the terms and conditions of any applicable insertion order(s) that you or your Affiliate(s) enter into that specifically references this MSA (each an “Insertion Order” or “IO”) (collectively, the “Agreement”). In the Agreement, (i) “we,” “us,” and “our” mean X Corp. (“X”), (ii) a “X Company(ies)” means X, an Affiliate of X, or an authorized reseller of X, (iii) “X Entities” means the X Companies and their respective officers, directors, consultants, contractors, agents, attorneys, employees, third-party service providers, and third parties distributing your X Ads (defined below in the X Ads Program T&Cs) via the X Network, (iv) “X Service” means the real-time information service, commonly referred to as “X,” which includes the services currently provided by the X Companies at its websites and X-owned, operated and/or controlled mobile applications and social plug-ins and application programming interfaces (“API(s)”) that are owned, operated, authorized, or hosted by or for X, including the X Network and applicable Programs, (v) “X Network” means the network of advertising channels, including all forms of media, applications, and devices, through which we may distribute ads, in any medium now known or hereafter developed, (vi) “X Code” means proprietary software code and related tools that we may offer or otherwise make available to you in connection with a Program, or that are part of such Program, (vii) “you” and “your” mean the company, organization and/or entity electronically accepting the Agreement, or the company, organization and/or entity named in an Insertion Order, and any of its Affiliates that execute an Insertion Order for any Program, (viii) “Affiliate(s)” means, with respect to a company, organization, and/or entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with such entity, (ix) “Authorized User(s)” means your agents, representatives, contractors, and any person or entity acting or apparently acting on your behalf, and your Affiliates that access a Program without executing their own separate Insertion Order, (x) “Materials” means, individually and collectively, all information you provide, use, or approve in connection with the Agreement, including all creative, hashtags, content, URLs, titles, descriptions, trademarks, listings, search keywords, ad target options, domain names, content of X Ads and all related materials and metadata, data, data feeds, and targeting parameters, and (xi) “Laws” means applicable law, statute, directive, ordinance, treaty, contract, regulation. To the extent that we disclose to you any data of users located in the European Union, EFTA States, or the United Kingdom pursuant to the Agreement, such user data is controlled by Twitter International Unlimited Company (“TIUC”), an Irish registered company. TIUC has authorized X to make these disclosures on its behalf to the extent that they occur pursuant to the Agreement. Additionally, without prejudice to any of our obligations hereunder, if pursuant to the Agreement you disclose to us any personal data (as defined by EU law) relating to individuals who live in the European Union, EFTA States, or the United Kingdom and we do not process such personal data as your processor, TIUC shall be the controller of such data for the purpose of EU law. Terms used but not defined in this MSA will have the meanings given to such terms in any Program T&Cs or Insertion Order, as applicable. Terms used in any Program T&Cs or Insertion Order, but not defined therein, will have the meanings given to such terms in this MSA or other Program T&Cs, as applicable. All definitions set forth herein apply both to their singular and plural forms, as the context may require.

2. CHARGES, FEES, PAYMENT AND TAXES. For any Program in which you participate, you will pay us for all charges and fees you incur in connection with each Program in the currency set forth on the applicable Insertion Order or in your online X Ads account. Our measurements are the definitive measurements under the Agreement and will be used to calculate your charges. If an Insertion Order with us is applicable, the X Company identified on such Insertion Order will submit an invoice to you at the email address on the applicable Insertion Order, and, unless otherwise set forth on the applicable Insertion Order, you will pay all undisputed charges in full within thirty (30) days of the invoice date. If payment by credit card or charge card ("Credit Card") is applicable, you authorize us to charge your Credit Card for any and all amounts and fees you incur in connection with applicable Programs, including recurring payments, within the limits of the total budget and/or daily maximum amount you indicated, if applicable. The types of Credit Cards that we accept and the timing of the billing of the charges and fees may vary according to the Program. The issuer of your payment method may impose additional requirements and/or other charges. You are responsible for keeping your Credit Card information (including your name, address, card or account number, CVV number and expiration date, as applicable) on file with us current, and you also authorize us to update your Credit Card information with data we obtain from your financial institution, the issuer of your Credit Card, or from a payment network, including but not limited to Mastercard, American Express, or Visa. You authorize us, subject to Law, (i) to retain your Credit Card information for as long as is necessary to meet all of your payment obligations to us or until such time as you revoke this authorization in accordance with procedures prescribed by us, whichever is later, and (ii) to share your Credit Card and related billing and payment information with companies who work on our behalf, such as payment processors and/or credit agencies, for all purposes reasonably associated with acceptance of Credit Cards, including fraud detection, verifying credit, effecting payment, and servicing your account. Any revocation by you of this authorization will become effective when all charges and fees associated with your use of the Programs have been fully satisfied. Your revocation of this authorization will have no effect on your liability for incurred charges and fees through your participation in a Program. If you have been provided with a line of credit for a Program by us, we may, in our sole discretion, extend, revise or revoke credit at any time. If we agree to your request to send an invoice to a third party on your behalf, you agree to remain responsible and liable for payment, and if such third party does not pay the invoice within the thirty (30) day payment period, you will immediately pay all such amounts to us. Any late payments may accrue interest equal to one- and one-half percent (1.5%) per month, or the maximum amount allowable under Law, whichever is less, compounded monthly. Further, if you fail to make any payment as set forth herein, you will pay all reasonable expenses (including attorneys’ fees) incurred by us in collecting such charges. Any disputes about charges to your account(s) must be submitted to us in writing within sixty (60) days of the date you incurred such charge, otherwise you waive such dispute and such charge will be final and not subject to dispute. All payments of service fees, unused promotional credits, and initial deposit(s) are non-refundable and our property. Charges and fees do not include any applicable sales, use, value-added, withholding, excise, or any other taxes or government charges, which are payable by you and are in addition to any amounts due to us hereunder. If withholding taxes are imposed by any jurisdiction on the transactions described in the Agreement, you will pay such taxes such that we receive the full amount invoiced, without offset or deduction, and you will promptly provide to us the applicable certificates and receipts regarding such remittances. If a credit balance remains in your account(s) (other than unused promotional credits and initial deposits) after the end of the applicable campaign, we will attempt to refund any portion of such balance that may be owed to you, including any credit memos. If we are unable to refund any such balance using your email address on file with us, we will dispose of the balance pursuant to Law and our Policies and procedures.

3. ACCESS AND RESTRICTIONS. You will not: (i) use any automated means, including agents, robots, scripts, or spiders to access, monitor, scrape, or manage your account(s) with us, or to access, monitor, scrape or copy the X Service or X systems or any data therein, except those automated means expressly made available by us or authorized by us in advance in writing (e.g., third-party tools or APIs approved by us); (ii) bypass any robot exclusion headers on the X Service (including using any device, software, or routine to accomplish that goal); (iii) sell third party ads or otherwise make them available by way of your use of the X Service without our prior written consent; (iv) interfere or attempt to interfere with the proper working of the X Service, Programs, or X systems; (v) use or combine our Programs with software offered under any open source license which creates any obligations with respect to our Programs contrary to the Agreement, or purport to grant to any third party any rights to, or immunities under, our intellectual property or proprietary rights in the Programs; or (vi) make available to us or our Affiliates any personal data of visitors, users, or customers of your website(s) in connection with your access or use of our Programs, except as expressly permitted in Program T&Cs. Our Programs, including your password(s) related to your account(s), may not be used by, or made available to, any third party, except Authorized Users. You will promptly notify us in writing if you become aware of a potential breach of security relating to your account(s) with us (e.g., the unauthorized disclosure or use of your username or password). Authorized Users must comply with the Agreement and you are and shall remain responsible and liable for their acts and omissions in connection with the Agreement, and any charges, costs, fees, or expenses they may accrue. In order to improve our Programs, we may allow for the testing of traffic, implementations, and/or features, and unless we agree otherwise, you agree to pay for all charges as set forth in the applicable Insertion Order or your online account (e.g., engagement, impressions, clicks) during those tests. We may also redesign or modify the organization, specifications, structure, and/or appearance of any location where your X Ads may be displayed. Your participation in each Program is subject to our policies as updated from time to time, including our Privacy Policy (https://x.com/privacy), Terms of Service (https://x.com/tos), X Ads Policy Guidelines (https://x.com/adspolicy), and the policies of any X Entity (collectively, the “Policies”) (or available at any successor websites or locations). The X Companies, at our sole discretion, may provide free engagements, impressions, ads, credits, and/or discounts, including in connection with contests, incentives, promotions, or donations, all of which, if so provided, unless otherwise stated by us, shall be subject to the Agreement.

4. YOUR SITE AND MATERIALS. We are not responsible for any aspect of your or any third-party website(s) or application(s), or for any content with which the Materials may be associated. You represent, warrant, and covenant that: (i) all Materials are, and will be updated to remain, current and accurate; and (ii) your Materials are either original to you or you have secured all necessary rights, consents, waivers and licenses for their use as contemplated by the Agreement, and you are responsible for all royalties, payments, and fees with respect thereto (e.g., performing rights society fees).

5. USE OF MATERIALS. In order to participate in any Program, you grant the X Entities a non-exclusive, fee-free, royalty-free, worldwide license to: (i) use, copy, adapt, reformat, recompile, truncate, and/or edit any part of the Materials for public performance, public display, and distribution; (ii) access, index, and cache the website(s) to which your X Ads link, or any portion thereof, by any means, including web spiders and/or crawlers; and (iii) distribute your X Ads through the X Network. None of the X Entities will have any liability for your X Ads or Materials and may refuse, reject, cancel, suspend, or remove any X Ad, Materials, or space reservation at its discretion at any time. Your X Ads may be subject to inventory availability, and the final decision as to ad relevancy is at our discretion.

6. CONFIDENTIALITY. “Confidential Information” means any information disclosed by one party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects, other than information that the receiving party can establish: (i) was publicly known and made generally available in the public domain prior to the time of disclosure; (ii) becomes publicly known and made generally available after disclosure other than through the receiving party’s action or inaction; or (iii) is in the receiving party’s possession, without confidentiality restrictions, prior to the time of disclosure, as shown by the receiving party’s files and records. The receiving party will not at any time: (a) disclose or otherwise make available to any person or entity any Confidential Information (other than to those of your employees and Authorized Users who are bound in writing by use and confidentiality restrictions which are no less protective of us than those contained in the Agreement and who have a legitimate need to know such Confidential Information in connection with the Agreement); or (b) access, use, reproduce, or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed and in accordance with the Agreement. The receiving party will take all measures to protect the secrecy of, and to avoid disclosure and unauthorized use of, the Confidential Information. If required by Law to disclose Confidential Information, the receiving party may do so provided that: (1) the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure; (2) at the disclosing party’s request, the receiving party assists the disclosing party in obtaining an order protecting the Confidential Information from public disclosure; and (3) any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. All Confidential Information will remain the disclosing party’s personal property, and all documents, electronic media, and other items containing or relating to any Confidential Information must be delivered to the disclosing party, destroyed, or uninstalled immediately upon request, provided, however the foregoing shall not apply to Confidential Information stored on the receiving party’s back-up systems provided that the Confidential Information is kept in confidence, back-up systems are not readily accessible to general users, and the Confidential Information on such systems is overwritten in the ordinary course of business. Nothing contained in the Agreement will prevent either party from complying with applicable privacy laws and regulations, and if there is any conflict between the Agreement and the terms of the applicable X Company privacy policy (“Privacy Policy”) (as posted on or linked from the X Service), the Agreement will control. You will not access or use any Program under the Agreement in a way that causes us to violate our Privacy Policy. Notwithstanding anything to the contrary in the Agreement, all data and information gathered or received by us in connection with providing the Programs and all information described in the applicable Privacy Policy may be shared with and used by (x) the X Entities (and you acknowledge the country of the X Entity receiving the data or information may not afford the same level of protection of such data as the country in which the data or information was collected), and/or (y) certain selected third parties only in aggregated and anonymous form. Nothing contained in this Agreement shall prevent us from complying with legal transparency requirements (such as the ones provided by the EU Digital Services Act) or otherwise promote transparency to the public about the use of the Programs, the X Service and the X Network, including to publicly disclose certain information about your Materials such as (i) identifying you, a Representative or another third-party, if applicable, as responsible for the Materials that are distributed through the X Ads; (ii) your ad target options and targeting parameters; and (iii) certain metrics and data about your campaign performance. Neither you nor we may issue any press release or other public statement regarding the Agreement, the Programs, or the other party without the other’s prior written consent, except that X may use your trademarks, logos or other indicia of origin associated with you solely for the purpose of indicating that you are a client of X.

7. BETAS. X may, at its sole discretion and upon your acceptance, provide you with early access to non-generally available alphas, betas, research studies, pilots, marketing services and/or other programs from time to time (“Beta(s)”). All Betas will be considered X Confidential Information. You agree that participation in any Beta will assist X in research, analyzing and validating some existing and/or prospective programs, products and/or tools, and that if you provide X with any comments, feedback or other information to assist X in evaluating and improving such programs, products and/or tools (“Feedback”), X will be free to use the Feedback now or in the future in any way without any compensation or obligation to you or any third party. For clarification, Feedback does not include, and X will not use, your name or publicly disclose your Beta performance results.

8. REPRESENTATIONS. You represent, warrant, and covenant that: (i) you have the right and/or authority to enter into the Agreement; (ii) all Materials are free of viruses and/or other computer programming routines that may damage, interfere with, or expropriate any X Company system data or information; (iii) a click on your ad will not cause damage to or interfere with a user’s computer or other device or expropriate any user system data or information, change a user’s settings, or create a series of sequential, stand-alone advertisements (including by pop-up or pop-under window); (iv) you will not engage in, nor cause others to engage in, spamming or improper, malicious, or fraudulent clicking, impression, or marketing activities relating to any Program; (v) your Materials, X Ads (including products and services referenced therein), the website(s) to which the ads link, all emails, newsletters, and other items and technology in connection therewith, any tools or code you use or make available in connection with a Program, and/or any act or omission by you relating to a Program (a) do not and will not violate any Law, the Policies, or any other agreement to which you are a party, (b) do not and will not infringe any copyright, patent, trademark, trade secret, or other intellectual property right of any person or entity, (c) do not breach any duty toward, or rights of, any person or entity, including rights of publicity and/or privacy, and (d) are not false, deceptive, misleading, defamatory or libelous and any results or outcomes therein are representative of outcomes a typical user can expect; (vi) you will not reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of any Program, or any aspect or portion thereof; (vii) you will comply with any trade sanction, and/or import or export regulation that applies to your use of our Programs and obtain all necessary licenses to use, export, re-export, or import our Programs as applicable; (viii) you will not provide access to the Programs, except to Authorized Users who are bound in writing by use and confidentiality restrictions which are no less protective of us than those contained in the Agreement; and (ix) you will comply with all applicable anti-bribery and anti-corruption laws, and you will not offer, promise, receive, authorize or give anything of value, to or from any person, in order to unduly influence any business decision.

9. INDEMNIFICATION. You will indemnify, defend, and hold harmless the X Entities from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with (i) your Materials and/or X Ads, (ii) your or Authorized Users’ use of any Program, X Company system, or X Service, (iii) your website or application(s), or (iv) your or Authorized Users’ breach of your representations and warranties set forth in the Agreement. You are solely responsible for defending any Claim against a X Entity, subject to such X Entity’s right to participate with counsel of its own choosing, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a X Entity, provided that you will not agree to any settlement related to any Claims without such X Entity’s prior express written consent regardless of whether or not such settlement releases the applicable X Entity from any obligation or liability.

10. WARRANTY DISCLAIMER. THE PROGRAMS, X SERVICE, X NETWORK, X CODE, AND DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND (INCLUDING THE RESULTS OF ANY AD CAMPAIGN), EXPRESS, IMPLIED, OR STATUTORY, OR ARISING OUT OF CUSTOM, COURSE OF DEALING OR TRADE USAGE, AND YOUR USE THEREOF IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ON BEHALF OF OURSELVES, AND ALL X ENTITIES, ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, SERVICE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE X SERVICE OR X NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE.

11. LIMITATION OF LIABILITY. EXCEPT FOR (I) CONFIDENTIALITY OBLIGATIONS SET FORTH IN SECTION 6 ABOVE, (II) YOUR INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 9 ABOVE, AND (III) AMOUNTS DUE AND PAYABLE BY YOU HEREUNDER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY OF THE X ENTITIES AND YOU IN CONNECTION WITH THE AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE, WILL BE STRICTLY LIMITED TO THE LESSER OF THE AMOUNT ALREADY PAID BY YOU TO US PURSUANT TO THE AGREEMENT IN THE SIX-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR U.S. $250,000 (OR ITS EQUIVALENT IN THE APPLICABLE CURRENCY). IN NO EVENT WILL THE X ENTITIES OR YOU BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. YOU WILL NOT HOLD A X COMPANY RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT, INCLUDING WITH RESPECT TO ACTIONS BY ANY THIRD PARTY RELATING TO OR IN CONNECTION WITH YOUR X ADS, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY.

12. TERMINATION. At any time, for any or no reason, we may terminate any Program, and you or we may terminate the Agreement. At any time and at our sole discretion, we may update or modify any Program features or functionality, or the Agreement. We may also, at our sole discretion, terminate your participation in any Program or suspend or limit your participation in any Program or part thereof, including suspending or removing your X Ads. The X Entities will have no liability regarding the foregoing decisions. Upon termination of any Program T&Cs or the suspension or discontinuation of any Program or your participation therein, your outstanding payment obligations incurred under such Program will become immediately due and payable. Sections 1, 2, 3 (first, fourth, and ninth sentences only), and 4 through 21 of this MSA, and those provisions specified in any Program T&Cs will survive termination of the Agreement.

13. NOTICES. We may give notices to you, including regarding updates to the Agreement, by posting on the X Service, or by email to the address provided by you. By continuing to access or use a Program after any such updates to the Agreement, you agree to be bound by the updated Agreement. You must ensure that your contact and account information is current and correct, and promptly notify us in writing of any changes to such information. You will send all notices to us via recognized overnight courier or certified mail, return receipt requested, to: Legal Department, X Corp., 1355 Market Street, Suite 900, San Francisco, California 94103.

14. CHOICE OF LAW; ARBITRATION; CLASS ACTION WAIVER. The terms of the Agreement and any dispute relating thereto or between you and us will be governed by the laws of the State of California, without regard to conflict/choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement. If a dispute arises (except for payment disputes, which will be resolved as described in Section 2), you agree to provide X with notice of the dispute, and to provide a ten (10) business day resolution period in which we may attempt to work out the dispute informally. If, after the ten (10) business day resolution period, we cannot work out the dispute, you agree to bring any dispute or claim arising out of the Agreement in binding arbitration before a single, mutually agreed upon arbitrator. You and X hereby expressly waive trial by jury. The arbitration shall be administered by JAMS pursuant to its expedited rules for arbitration. You may bring claims only on your own behalf, and unless you and X both agree, the arbitrator may not consolidate more than one person’s claims. In a dispute involving U.S. $25,000 or less, the arbitrator will hold a telephonic hearing, unless the arbitrator determines that good cause exists to justify an in-person hearing.  Any in-person hearing will take place in San Francisco, California. Judgment on any award may be entered in any court having jurisdiction. As an alternative to arbitration, you may bring your claim in your local “small claims” court if permitted by that small claims court’s rules. For any small claims court or arbitration dispute, you and X both agree that any claim or dispute covered by the Agreement (except for payment disputes, which must be submitted as described in Section 2, or for intellectual property disputes) must be filed within one year from the first point at which the dispute could be filed.

15. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE. The Agreement constitutes the entire agreement and understanding between you and us regarding the subject matter contained herein and supersedes all proposals, representations, claims, and communications in all forms of media (including all instructions, advertisements, messages, and policies), written and oral, regarding the subject matter contained herein. No terms or conditions including without limitation, your pre-printed forms, purchase orders and/or clickthrough or shrinkwrap terms, whether or not signed by or accepted by us, will apply, and all such terms shall automatically be null and void. Only the terms set forth in the Agreement will be binding on us. The terms of any specific Program T&Cs govern only that Program, and not any other Program, except as specifically referenced in such Program T&Cs. If there is a conflict between the MSA, any Program T&Cs, and any Insertion Order, the conflict will be resolved according to the following order of precedence: (1) Program T&Cs; (2) MSA; and (3) Insertion Order. Notwithstanding the foregoing, the terms of an Insertion Order may amend the MSA and/or the applicable Program T&Cs only if the amended terms contained in such Insertion Order: (i) apply only to the account(s) listed in the Insertion Order; (ii) apply only to that Insertion Order; (iii) specifically identify the provision(s) of the Program T&Cs or the MSA they amend; and (iv) both you and we sign the Insertion Order.

16. WAIVER. Only a written instrument specifically waiving compliance that is executed by whichever of you or us is entitled to waive such compliance may waive any term(s) and/or condition(s) of the Agreement. No waiver by you or us of a breach of any provision hereof will be deemed a waiver of any other breach of such provision or a waiver of the provision. If any provision of the Agreement is held or made invalid or unenforceable for any reason, such invalidity will not affect the remainder of the Agreement, and the invalid or unenforceable provision will be replaced by a valid provision that has a similar economic effect.

17. FORCE MAJEURE. Neither we nor you will have any liability under the Agreement by reason of any failure or delay in the performance of our or your obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet and/or electrical outages, computer viruses, acts of God, war, governmental action, or any cause that is beyond our or your reasonable control.

18. RELATIONSHIP. You and we are independent contractors and nothing in the Agreement will be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between you and us. Except as otherwise set forth in the Agreement, neither you nor we will have any right, power, or authority to create any obligation or responsibility on behalf of the other and the Agreement is not intended to benefit, nor will it be deemed to give rise to any rights in, any third party. Notwithstanding the foregoing, you acknowledge and agree that the X Companies will be third-party beneficiaries to the Agreement and will be entitled to directly enforce, and rely upon, any provision in the Agreement, which confers a benefit on, or rights in favor of, them.

19. ASSIGNMENT. You may not assign, sublicense, or transfer the Agreement or any right or duty under the Agreement. Any assignment, transfer, or attempted assignment or transfer in violation of this Section 19 will be void and of no force or effect. We and our subsequent assignees may assign, delegate, sublicense, or otherwise transfer from time to time the Agreement, or the rights or obligations hereunder, in whole or in part, to any person or entity such as to our Affiliate(s).

20. OTHER. The Programs are proprietary to us and are protected by applicable state, federal, and international intellectual property laws and we retain all rights, title, and interests in and to the Programs, together with all derivative works, modifications, enhancements, and upgrades, but excluding your Materials. Any rights not expressly granted in the Agreement are reserved by you or us, as applicable, and all implied licenses are disclaimed. As used in the Agreement, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. Services and obligations to be performed by us hereunder may be performed by other X Companies and/or third-party service providers.

21. REPRESENTATIVE. If you are an advertising agency, search engine marketer, reseller, or other entity representing Advertisers (“Representative”), this Section 21 applies, and in such case, “you” and “your” means Representative, and any Affiliates of Representative who execute an Insertion Order, together with Advertisers. “Advertiser(s)” means an entity (including a sole proprietor) which is/will be enrolled in a Program by you. You also agree to the following:

a. Representative Obligations. Representative represents, warrants, and covenants that: (i) it is the authorized agent of the Advertiser and has the legal authority to enter into the Agreement on behalf of the Advertiser, make all decisions, and take all actions relating to the Advertiser’s accounts, including, as applicable, through specific Programs, the provision of data to X, and the receipt and processing of data; (ii) by Representative executing an Insertion Order or otherwise enrolling an Advertiser in a Program, the Advertiser is also entering into the Agreement; (iii) Representative will not, without our prior written consent (a) make any representation, guarantee, condition, or warranty concerning any Program or X Entity, including that Representative is an affiliate or partner of any X Entity, (b) make any commitments (e.g., guarantees as to placement of ads) to an Advertiser or potential Advertiser regarding any Program, (c) negotiate any terms or conditions related to the Programs which may affect the rights, protections, and/or obligations of any X Entity, and/or that are inconsistent with the Agreement, or (d) engage in any telesales or telemarketing in connection with any Program; and (iv) Representative will perform its duties pursuant to the Agreement in a professional manner consistent with the requirements established by us. Upon our request, Representative will immediately deliver to us each agreement that designates Representative as the Advertiser’s agent and authorizes Representative to act on the Advertiser’s behalf in connection with the Agreement. In the event of a termination of your relationship with an Advertiser, Representative agrees that such Advertiser may automatically and without further action continue to use the Materials, including account and performance history with respect to its X Ads, and Representative will no longer have access to such Advertiser’s accounts. Representative will not at any time use data or information received in connection with the Agreement (a) to conduct any marketing efforts targeted at our existing advertisers, or (b) with an Advertiser other than the one in connection with which the data or information was received.

b. Payment Liability. We will hold Representative liable for payments under Section 2 above, solely to the extent Representative has received payment from the Advertiser on whose behalf it is acting; for sums not received by Representative, we will hold the Advertiser solely liable (“Sequential Liability”); provided, however, (i) if we do not offer credit to the applicable Advertiser or if we have not offered Representative Sequential Liability in a particular country, we will notify you of such rejection prior to the start of the applicable campaign (email acceptable), and in such case, if you elect to proceed with the campaign, and unless otherwise agreed upon in writing between or among Representative or Advertiser, on the one hand, and us, on the other hand, Representative and each Advertiser will be jointly and severally liable for all payment obligations pursuant to Section 2 above, and you hereby waive any Law that may require us to proceed against one or more of you prior to proceeding against any others who may also be liable, and/or (ii) if Representative (x) breaches or allegedly breaches Section 21a.(i) above, or (y) fails to comply with our request to confirm whether an Advertiser has paid to it in advance funds sufficient to make payments pursuant to Section 2 above, Representative will be obligated to immediately pay all such amounts due us regardless of whether it has received payment from such Advertiser. You acknowledge that we may directly contact any Advertiser represented by Representative, including if we have not received payment for such Advertiser’s account within forty-five (45) days from the date of the applicable invoice. Should Representative enter into an Insertion Order for its own benefit, this MSA and applicable Program T&Cs will govern and the Representative will be deemed an Advertiser in those instances.

By participating in the X Ads Program, in a particular country, you agree that your participation will be governed by and subject to the applicable X Master Services Agreement (the "MSA") and the following X Ads Program T&Cs (collectively, the "Agreement"): 

1. PROGRAM USE. We provide you with access to our Program for promoted posts, promoted trends, and promoted accounts (respectively, the “Promoted Ads,” “X Takeovers,” and “Follower Ads”) as well as other ad units we offer for your use (collectively the “X Ads”). You will pay for all engagements, impressions, and/or clicks (each an “Action,” collectively “Actions”) on your X Ads that we deliver, as stated on the applicable Insertion Order or in your online account. Promoted Ads and Follower Ads are displayed on a space-available basis and are not guaranteed to appear on the X Network. X Takeovers will appear in accordance with the specifications on the applicable Insertion Order. Except with respect to X Takeovers, (i) we do not guarantee that your ads will be placed in, or available through, any part of the X Network, nor do we guarantee that your ads will appear in a particular position, and (ii) we will use commercially reasonable efforts to deliver Actions as specified by you in your X Ads account during campaign setup, as applicable.

2. PLACEMENT OF ADS. For X Takeovers, if your Materials, including any updates, are not given to us three (3) days prior to the anticipated start date of the campaign, or do not conform to the Policies and specifications, (i) we are not required to place your X Takeover as stated on an Insertion Order, and (ii) you are still responsible for payment for the X Takeover.

3. MAKE GOODS. If we fail to deliver a X Takeover as specified in an Insertion Order, then, notwithstanding anything to the contrary in the Agreement, our sole liability is limited, at our election, to one of the following: (i) a refund of any prepaid charges representing the undelivered portion, if any; or (ii) rebooking of the X Takeover to a similarly priced available date. Make goods for any other X Ads products are at our sole discretion and will be provided as (a) bonus media to be delivered at a later date, or (b) a credit memo.

4. DATA USAGE. In addition to the restrictions set forth in the MSA, you and we agree as follows:

a. Definitions. As used in the Agreement, the following terms will have the following definitions: (i) “IO Details” are details set forth in an applicable Insertion Order but only when expressly associated with you or us, including ad pricing and placement information, ad description, and ad targeting information; (ii) “Performance Data” is data regarding a campaign gathered during delivery of an ad pursuant to an applicable Insertion Order (e.g., number of impressions, engagements, and header information), but excluding Site Data or IO Details; (iii) “Site Data” is any data that is (a) our preexisting data used by us pursuant to an applicable Insertion Order, (b) gathered pursuant to an Insertion Order during delivery of an ad that identifies or allows identification of us, our site, brand, content, context, or users, or (c) entered by users on the X Network; and (iv) “Repurposing” means retargeting a user or appending data to a non-public profile regarding a user for purposes other than performance of an applicable Insertion Order.

b. Use of Data. Unless otherwise authorized by us in writing, you will not: (i) use IO Details, Performance Data, or Site Data for Repurposing; or (ii) disclose our IO Details or Site Data, except pursuant to the restrictions contained below regarding Transferring Parties. Unless otherwise authorized by you, we will not use or disclose your IO Details or Performance Data for Repurposing or any purpose other than performing under an applicable Insertion Order. X may, at your request (email acceptable), transmit data regarding your campaigns on the X Network to a third party as designated by you and approved by us, in our sole discretion. Notwithstanding the foregoing, our measurements remain the definitive measurements under the Agreement. You and we (each a “Transferring Party(ies)”) will require any third party or Affiliate used by the Transferring Party in performance of the applicable Insertion Order on behalf of such Transferring Party to be bound by confidentiality and non-use obligations at least as restrictive as those imposed on the Transferring Party under these Program T&Cs, unless otherwise set forth in the applicable Insertion Order.

5. TERMINATION; EFFECTS OF TERMINATION. Notwithstanding Section 12 of the MSA, (i) you may cancel X Takeovers upon thirty (30) days prior written notice to us (email acceptable); and (ii) you may not cancel X Takeovers identified by X as “premium". If you terminate these X Ads Program T&Cs, all terms and conditions of the Agreement will survive until such time as all Insertion Orders under this Program have ended. Sections 3, 4, and 5 of these X Ads Program T&Cs will survive any such termination.

By participating in the X Custom Audiences Program, under the X Ads Program, in a particular country, you agree that your participation will be governed by and subject to that certain X Master Services Agreement (the "MSA"), the X Ads Program T&Cs, and the following X Custom Audiences Program T&Cs (collectively, the "Agreement"):

1. PROGRAM USE.

a. We provide you with access to the Custom Audiences Program whereby you or your third party service provider approved by us (“Data Partner”) provide X with data, which may be hashed or anonymized, and may include, for example, email addresses, cookie IDs, device IDs, or phone numbers (“Advertiser Data”). We use Advertiser Data, at your instruction, to match to our users and create audiences (“Custom Audiences”) for your use in connection with your advertising campaigns on the X Network. If you participate in the X Conversion Tracking Program, we will use Conversion Data to create Custom Audiences for you. We will cease creating Custom Audiences for you based on a conversion if you disable the Custom Audiences feature for such conversion.

b. Subject to the terms referenced herein, we will store such Custom Audiences for you and use Custom Audiences at your direction to target your advertising campaigns on the X Network.

c. You may not use the Custom Audiences Program unless you are an Advertiser, or an agency or Ads API Partner acting on behalf of an Advertiser. Subject to these terms and Law, you may (i) choose to share your Custom Audiences with other accounts with which you are affiliated or have a business relationship; or (ii) license data from a third party to provide to us as Advertiser Data. You may not sell access to or use of your Custom Audiences.

2. DATA USE. Advertiser Data will not be used except to match to our users at your direction, will not be shared with other advertisers or third parties, and will be deleted after the matching process is complete. Unless you notify us otherwise in writing, we will, however, share data about your Custom Audiences Program advertising campaigns with your Data Partner (as applicable). Custom Audiences that you create will not be (i) disclosed to any other advertiser or any third party, or (ii) used by X except to provide services to you, unless we have your permission or are required to do so by Law. We will implement technical, physical and administrative measures for the purposes of (a) maintaining the confidentiality, security and integrity of your Advertiser Data and Custom Audiences and (b) guarding against the accidental or unauthorized access, use, alteration, or disclosure of Advertiser Data and Custom Audiences within X’s systems. With respect to your use of the Custom Audiences Program, you and we will be subject to the X Processor Data Processing Addendum located at https://privacy.x.com/for-our-partners/global-dpa (or any successor url).

3. COMPLIANCE. You represent and warrant, and will ensure that your Data Partner, if applicable, represents and warrants, that (i) you or such Data Partner have secured all necessary rights, consents, waivers, and licenses to share and use Advertiser Data as described herein; (ii) you or such Data Partner have (a) provided any users from whom the Advertiser Data is collected with legally-sufficient notice that fully discloses the collection, use and sharing of the Advertiser Data for purposes of online behavioral advertising, and (b) obtained legally-sufficient consent for this activity, including by providing instructions to users on how they can opt out of our online behavioral advertising through the methods described at https://help.x.com/safety-and-security/privacy-controls-for-tailored-ads (or any successor url), and where required by Laws, obtaining express, freely given, specific, informed and unambiguous consent (“Express Consent”) from users for this data processing; and (iii) Advertiser Data does not contain any data pertaining to any users who have exercised an option to opt out of online behavioral advertising and, where required by Law, have either not provided or revoked Express Consent to process their data for this activity. Your participation in the Custom Audiences Program is subject to X’s Policies for Conversion Tracking and Custom Audiences, at https://business.x.com/help/ads-policies/campaign-considerations/policies-for-conversion-tracking-and-custom-audiences.html (or any successor url).

4. TERMINATION; EFFECT OF TERMINATION. You may terminate your use of the Custom Audiences Program at any time with notice to us and by way of deleting your Custom Audiences from your account. You acknowledge and agree that in the event you terminate your participation in the Custom Audiences Program and/or delete your data, we will be unable to continue to provide the services to you in connection with the Custom Audiences Program. Further, if you terminate these Custom Audiences Program T&Cs, all terms and conditions of the Agreement will survive until such time as all Insertion Orders under this Custom Audiences Program have ended. Sections 2-5 of these Custom Audiences Program T&Cs will survive any such termination.

5. OTHER. Except where expressly noted otherwise, in the event of any conflict between these Custom Audiences Program T&Cs, the X Ads Program T&Cs, the Conversion Tracking Program T&Cs and the MSA, these Custom Audiences Program T&Cs will govern with respect to the conflict only.

By participating in the X Conversion Tracking Program, under the X Ads Program, in a particular country, you agree that your participation will be governed by and subject to the applicable X Master Services Agreement (the "MSA"), the X Ads Program T&Cs, the X Custom Audiences Program T&Cs, as applicable, and the following X Conversion Tracking Program T&Cs (collectively, the "Agreement"):

1. PROGRAM USE. We provide you with access to the Conversion Tracking Program, whereby you, through use of X’s conversion tracking products or through a third party provide us with Conversion Tracking Data (as defined below). We, directly or through a third party, use Conversion Tracking Data to measure or assist in measuring conversions or actions of users on your websites, mobile applications or offline, as set forth herein. For clarity, nothing herein will be construed to restrict you from independently collecting data from your websites or mobile applications, or from using such independently collected data in any way.

2. DATA SHARED WITH X.

a. Through the use of our conversion tracking products, you may send X the following types of data (collectively, “Conversion Tracking Data”):

i. “Match Data” is data that you provide to us that personally identifies an individual, such as email addresses, cookie IDs, device IDs, or phone numbers for the purpose of matching that individual to an X user.

ii.  “Conversion Data” is data that you provide to us regarding conversions or actions of individuals on your website or mobile applications or offline, such as app installs, website visits and product purchases.    

b. If you purchase X Ads on a conversion basis that is dependent on a user’s action outside of the X Service (e.g., a cost per install campaign), you will, or will cause a third party to, provide X with Conversion Tracking Data sufficient to allow us to identify all conversions arising from the applicable campaigns.

c. X will not directly share Conversion Tracking Data that you provide to us with any third parties unless (i) you’ve previously informed X that we may do so, (ii) X is required to do so by law, or (iii) X receives a request from an individual for a copy of their Conversion Tracking Data in our possession.

d. We will implement technical, physical and administrative measures for the purposes of (i) maintaining the confidentiality, security and integrity of your Conversion Tracking Data and (ii) guarding against the accidental or unauthorized access, use, alteration, or disclosure of Conversion Tracking Data within X’s systems.      

3. DATA USE AND RESTRICTIONS.

a. By providing X with Match Data you are instructing us to use it to connect a user’s action or conversion on your app, website or offline to a user’s actions on the X Service (a “Match”) as well as to associate corresponding Conversion Data with that user. Match Data will not be used for any other purpose or directly shared with third parties. With respect to Match Data, you and X will be subject to the obligations set forth in the Processor Data Protection Addendum found here: https://privacy.x.com/for-our-partners/global-dpa.

b. By providing X with Conversion Data you are instructing us to use it to: (i) measure conversions and provide you, either directly or through an approved third party partner, with metrics, analytics or reports related to your advertising campaigns (“Reports”); (ii) create Custom Audiences for your use, as further described in the X Custom Audiences Program T&Cs; (iii) optimize our ad targeting and ad delivery models; and (iv) develop, maintain and improve our products and systems. With respect to Conversion Data you share with us, you and we will be subject to the Inbound Controller to Controller Data Protection Addendum found here: https://gdpr.x.com/conversion-api-dpa.html, provided that you agree that you may only use Reports for internal business purposes and to optimize your X advertising campaigns. For the avoidance of doubt, you may not use Reports for any other purpose, including repurposing, retargeting (except through the Custom Audiences Program), improving models or appending to a nonpublic profile and that you may not disaggregate or re-identify any data made available to you by X through this Program.

c. In the event you receive a Report that is not in aggregated and/or anonymized form, you will not commingle the data contained in such a Report with other data or across advertising campaigns and you will destroy it (i) the sooner of six (6) months of receipt of such data or when you no longer have a legitimate business need to retain it, or (ii) within ninety (90) days of receipt if it contains IO Details or data that would reasonably enable you to identify a specific user on X. With respect to such non-aggregated Reports, you and we will be subject to the Outbound Controller to Controller Data Protection Addendum found here: https://gdpr.x.com/controller-to-controller-transfers.html.

d. For certain conversion tracking products, X offers the functionality for you to restrict X’s use of certain data you make available to us in connection with those products (“RDU”). If you implement RDU for a measurement product, X will (i) use Conversion Data solely to provide you with measurement and, if you so instruct us, to create Custom Audiences for your use, as further described in the X Custom Audiences Program T&Cs, and (ii) process Conversion Data that constitutes “personal information” or “personal data” (as defined by data protection Laws) that it receives from your use of that product in accordance with the Processor Data Protection Addendum found here: https://privacy.x.com/for-our-partners/global-dpa. 

4. LICENSE FROM X. The Pixel and conversions API are owned exclusively by X. We grant you a nonexclusive, limited, non-transferable, revocable, and non-sublicensable license to use the Pixel and conversions API solely in connection with the Conversion Tracking Program.

5. COMPLIANCE.

a. Unless you have written permission, you may not use X’s conversion tracking products associated with your X Ads account on websites or mobile applications that you do not own or control.

b. You represent and warrant that (i) you provide your end users with legally-sufficient notice that you are working with third parties to collect user data through your websites, mobile applications or offline, for purposes of serving ads targeted to their interests, and legally-sufficient instructions for such users on how they can opt out of interest-based advertising through an applicable opt-out mechanism described here: https://help.x.com/safety-and-security/privacy-controls-for-tailored-ads (or any successor url); (ii) you have secured all necessary rights, consents, waivers, and licenses to share and use Conversion Tracking Data as described herein; (iii) where required by applicable Laws, you have obtained express, freely given, specific, informed and unambiguous consent (“Express Consent”) from users for accessing or storing their information and for the data usage described herein; and (iv) Conversion Tracking Data does not contain any data pertaining to any users who have exercised an option to opt out of online behavioral advertising and, where required by Laws, have either not provided or revoked Express Consent to process their data for this activity. Further, where required by Law, you must ensure and be able to verify that you’ve received Express Consent before using an X measurement product to access or store that end user's information.

c. Your participation in the Conversion Tracking Program is subject to X’s Policies for Conversion Tracking and Custom Audiences, found here: https://business.x.com/help/ads-policies/campaign-considerations/policies-for-conversion-tracking-and-custom-audiences.html (or any successor url).

d. You will promptly notify X, in writing, of any actual legal complaint, action or challenge related to the use of Conversion Tracking Data provided to X or otherwise obtained by X from your properties through X’s conversion tracking products, and will fully cooperate with us in any response.

6. TERMINATION; EFFECT OF TERMINATION. You may terminate your use of the Conversion Tracking Program at any time by ceasing to transmit Conversion Data to us. If you otherwise provide us with notice of termination of these Conversion Tracking Program T&Cs, all terms and conditions of the Agreement will survive until such time as you cease transmitting Conversion Data to us. Sections 2, 3, 5 and 6 of these Conversion Tracking Program T&Cs will survive any such termination.

By participating in the Amplify Program, under the X Ads Program, in a particular country, you agree that your participation will be governed by and subject to the applicable X Master Services Agreement (the “MSA”), the X Ads Program T&Cs, and the following Amplify Program T&Cs (collectively, the "Agreement"):

1. PROGRAM USE. We provide you access to the “Amplify Program,” which enables you to upload advertising content or materials (“Amplify Ads,” which shall be deemed Materials as set forth in the MSA) into your account for use and display in conjunction with third party Posts (defined below) (“Publisher Content,” together with Amplify Ads, “Media”). For the purposes of these Amplify Program T&Cs, a “Post” means a short-form text and multimedia-based message distributed via the X Service. If applicable, you may set forth certain targeting and/or categorization criteria for use in connection with the display of your Amplify Ads through the Amplify Program. Any and all Amplify Ads or Media displayed via the Amplify Program will be considered X Ads, as set forth in the MSA, and all provisions regarding X Ads in the MSA will apply.

2. RESTRICTIONS. With respect to any Materials used in connection with the Amplify Program, you have secured all necessary rights, consents, waivers and licenses for use of such Materials. Further, you will not, and will not allow any third party to, encourage or require users to engage with Amplify Ads in such a fashion that may be misleading or deceptive to the user accessing the Amplify Ad or Media, which may include methods such as offering incentives, points, rewards, cash, prizes, or anything else monetary value, or any other methods that are malicious or fraudulent.

3. TERMINATION; EFFECT OF TERMINATION. We may update or modify the Amplify Program features or functionality, in our sole discretion, at any time. Notwithstanding anything to the contrary in the Agreement, either party may terminate any Insertion Order under this Amplify Program within two (2) business days’ notice to the other party.

4. OTHER. Access to this Amplify Program is in X's sole discretion.

By participating in the Boosted Post Program, under the X Ads Program, in a particular country, you agree that your participation will be governed by and subject to the applicable X Master Services Agreement (the “MSA”), the X Ads Program T&Cs, and the following Boosted Post Program T&Cs (collectively, the “Agreement”):

1. PROGRAM. In an effort to expand the reach of your “Post(s)”, defined as short-form text and multimedia-based messages distributed via the X Service, we provide you with the ability to boost your Post(s) as further described on our About Boosting Posts (https://business.x.com/help/campaign-setup/quick-promote) page. The ability to boost a Post is only available through the X iOS App. X may, in its sole discretion, restrict the ability to make this product available in certain countries and reserves the right to modify the list of supported countries from time to time.

2. PAYMENT TERMS.

a. All fees and charges incurred in connection with boosting a Post must be paid in full at the time of purchase. When you make a payment, you explicitly agree: (i) to pay the price listed along with any additional amounts relating to applicable taxes, credit card fees, bank fees, foreign transaction fees, foreign exchange fees, and currency fluctuations; (ii) to abide by any relevant terms of service, privacy policies or legal agreements or restrictions (including additional age restrictions) imposed by Apple in connection with your use of Apple’s in-app purchasing functionality; and (iii) that your Post will be boosted immediately upon purchase. It is your responsibility to make sure that your banking, credit card and/or other payment information is up to date, complete and accurate at all times.

b. Notwithstanding any other terms set forth in the Agreement, all payments made in connection with boosting a Post are final and not refundable or exchangeable, except as required by applicable law. Refunds or credits are not provided for any unused or partially used product or services and a product or service may not be canceled or paused after it is purchased. In the event of a conflict between this Section 2(b) and any other terms of the Agreement, this Section 2(b) shall prevail.

3. NOTICE REGARDING APPLE. You acknowledge that the Agreement is between you and us only, not with Apple and Apple is not responsible for the products made available to you through the Boosted Post Program. Apple has no obligation whatsoever to furnish any maintenance or support service with respect to the Boosted Post Program. In the event of any failure of the Boosted Post Program to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Boosted Post Program to you; and, to the maximum extent permitted by applicable law. Apple has no other warranty obligation whatsoever with respect to the Boosted Post Program. Apple is not responsible for addressing any claims by you or any third-party relating to boosting a Post, including, but not limited to: (i) product liability claims; (ii) any claim that the Boosted Post Program, or the products and services made available through it, fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Boosted Post Program and/or your possession and use of the mobile application infringe that third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the products made available through the Boosted Post Program. Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement, and upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary of the Agreement. You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties and are not acting on behalf of any individual or entity on any U.S. Government list of prohibited or restricted parties. 

Last updated: October 13, 2023