Terms and Conditions

Welcome to our Terms of Service agreement. This document protect both you and us. By using our services, you agree to our Terms of Service agreement.

terms of service agreement

contents


This is a legal Agreement (“Agreement”) between the organization agreeing to these terms (“Customer”, “you” or “your”) and ADSuisse AG, a private company, incorporated and existing under Swiss law, having its registered office in Baar, Switzerland and its office address at Neuhofstrasse 21, Neuhofstrasse 21, 6340 Baar, Switzerland, registered in the trade register under number CHE-448.571.007 (“ADSuisse”, “we” or “our”) delivering data processing service (“Service”) and governing your use of the Service (the “Terms”).

Terms

“Data Validation” means the process of verifying the correctness of a specific data. “Data Cleaning” means the process of cleaning any unnecessary symbols, numbers, and text from a given data. “Data Enrichment” means the process of appending new data to an already existing one. “Customer Data” means any data related to a person or organization, submitted by the Customer to ADSuisse platform via ADSuisse API or Data Files that need to be processed. “Public Data” means data or information that is collected by ADSuisse from publicly available sources. “Data Processing” means the process of manipulating data, including but not limited to validation, verification, modification, duplication, deletion, and enrichment. “Processed Data” means Customer and Public Data that is validated, verification, modified, duplicated, deleted, or enriched in a specific manner by us. “Data Output” means any type of Processed data delivered to the Customer “Data Types” means all types of Customer Data processed by ADSuisse, such as, but not limited to name, address, phone number, email, gender, age, birthdate, job, relatives, etc. “ADSuisse API” means advance program interface, set of functions and procedures, that allows customers to get access to ADSuisse Data Processing Service and Data Output. “API Key” means a secret token which is submitted alongside ADSuisse API requests in order to identify the origin of the request. “Data Files” are objects (computer files) that store data or information under csv, xml or any other readable format. “Discovery” means a successful append of new data with any Data Type to an already received Customer Data via ADSuisse API or Data files. “Processed subject” means a person whose personal data is being processed by ADSuisse upon assignment from the Customer.

I. Acceptance of Terms and legal effect

Article 1. (1) These Terms are entered into by your explicit acceptance during the registration process on the ADSuisse website (the “Website”) and enter into force upon completion of the registration. The Terms serve as a legally binding agreement pursuant to which between you and ADSuisse occur contractual relations for the provision of Services against agreed remuneration and in accordance with the stipulated conditions. (2) By checking a check-box or clicking on a button “I accept these Terms and Conditions”, you give your free and unconditional explicit consent to be bound by these Terms and indicate that you are acquainted with them. The provision of the Services as a main subject of the agreement between you and ADSuisse is conditional on the acceptance of the Terms and Conditions. (3) You must be a registered legal entity according to the laws of the country where your company has been registered and has its seat and address.

II. Terms changes and amendments

Article 2. (1) We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least thirty (30) days notice of the changes by email to your primary email address. You may terminate your use of the Services by providing ADSuisse notice by email within thirty (30) days of being notified of the availability of the modified Terms. In the event of such termination notice, you will be obliged to pay all due fees for the current billing period and all unpaid invoices to ADSuisse prior the termination act. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms. (2) You can initiate Terms modification by annex at any time with a written change request, sent to customers@adsuisse.com or to the e-mail of your assigned account manager.

III. Description of Service

Article 3. ADSuisse provides an array of services for Data Validation, Data Cleaning and Data Enrichment collectively defined as Services ("Service" or "Services"). As a Customer, you may only use the Services for business use or for internal business purpose in your organization. You may connect to the Services using ADSuisse API or by submitting Data Files, supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. ADSuisse shall not be held liable for any troubles or impossibility for access to the Service which is a result of your use of the Service, Internet or technical issues, etc.

IV. Service Delivery and Use

Article 4. Delivery of the Services takes place in accordance with the information and technical parameters as presented on the Website and according to any written notifications as may be sent to you by ADSuisse.

User Sign up Obligations

Article 5. (1) In order to use the Services provided by ADSuisse, you need to sign up (register) for a user account. (2) For the registration customers should provide both their personal and corporate contact information, as follows: i. E-mail; ii. Personal name; iii. Organization name; iv. Telephone number; v. Password; (3) You agree to a) provide true, accurate, current and complete information about yourself as prompted by the registration process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. (3) If you provide any corporate or personal information that is untrue, inaccurate, outdated, or incomplete, or if ADSuisse has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, ADSuisse may terminate your user account and refuse current or future use of any or all the Services.

Service Activation

Article 6. (1) Your free subscription is automatically activated after registration at ADSuisse website and accepting these Terms. Prior to activating a paid plan, we will require the Customer to fill in and sign an Order Form (Appendix A) that will be sent to the primary email address of your user account upon upgrade request from the customer portal. Any upgrade or downgrade in the pricing plan will require a separate Order Form, except when downgrading to a free plan. (2) In the Order Form customers should provide both their personal and corporate contact information, as follows: i. Customer name ii. Customer address iii. VAT No iv. Office e-mail v. Office phone vi. Representative name vii. Representative phone viii. Representative e-mail ix. Limitations and restrictions x. Use case of data xi. Customer data source (3) After evaluating the Order Form, we will accept or decline plan update when there are serious reasons to do it, related to the Customer or Customer Data Processing. During the evaluation process, we preserve our right to request additional information regarding the Customer Data and its application or the Customer itself. (4) To activate a paid subscription plan you have to do a deposit equal to 30% of the expected business transaction during the first month. The amount will be deducted from the first monthly invoice.

Approval of Use Case and Order Form

Article 7. (1) In the Order Form, you have to outline the potential use of Data Output. By approving the Order Form, we approve the integration of the Data Output into your specific customer application, document, report or database. (2) Approve of application, with a signed Order Form, is required: i. when subscribing to a paid subscription plan; ii. before initial launch of each application and for each specific use case; iii. before the launch of any new application or change to an existing application, including without limitation allowing any extended access to Data Output in a previously-approved usage; and iv. before any changes are made to the customer’s application if such changes expand the use of Data Output beyond the originally approved usage. (3) If we do not approve each Order Form with the included usage terms, then you do not have the rights to use Data Output in your applications.

Organization accounts and account management

Article 8. (1) As you personally sign up for an account you will be acting as administrator for your organization account. The account administrators will have the right to configure the account, generate API Key, communicate with us, access invoices and statistics. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. (2) You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with these Terms and the applicable legal regulations. (3) You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. ADSuisse may provide control of an administrator account to an individual providing proof satisfactory to ADSuisse demonstrating authorization to act on behalf of the organization (such as official confirmation or power-of-attorney by the organization, excerpt by the official company register certifying the individual’s quality of legal representative, etc.). You agree not to hold ADSuisse liable for the consequences of any action taken by ADSuisse in good faith in this regard and when ADSuisse has acted in view of circumstances which give reasonable grounds for undertaking the respective actions. (4) ADSuisse is not responsible for account administration and internal management of the Services for you and cannot be held liable for any consequences which have arisen from your use of the service and management of the account.

Subscription to а Tryout Service

Article 9. We may offer certain Services as free, closed or open beta services ("Tryout Service" or “Tryout Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time and any parameters and limitations for testing and evaluation of the Tryout Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Tryout Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Tryout Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Tryout Services with or without notice to you. ADSuisse will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Tryout Services for any reason.

Personal Information and privacy

Article 10. (1) Personal information you provide to ADSuisse during the registration process and Service usage is governed by ADSuisse Privacy Policy, which are an inseparable part of these Terms. Your election to use the Service indicates your acceptance of the terms of the ADSuisse Privacy Policy. (2) You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to customers@adsuisse.com or by calling us on any of the numbers listed on www.adsuisse.com/contacts. We are not responsible for any loss or damage to you or to any third party incurred, as a result of any unauthorized access and/or use of your user account, or otherwise.

V. Data ownership, Data Privacy, Data Protection and Data Processing Addendum

Data Ownership

Article 11. Unless specifically permitted by you, by using the Services you do not grant ADSuisse license to reproduce, publish or distribute any Customer Data for own application, marketing or any other commercial purposes. However, you do grant ADSuisse permission to access, store, modify, transmit, reformat, anonymize and pseudonymize Customer Data as required for the purpose of providing the Services to you and complying with the standards for data processing and personal data protection.

Attribution of Source

Article 12. If specified on an Order Form, you may be required to provide attribution to us as the source of the Customer Data in a form and manner to be agreed to by the parties.

Data privacy and protection

Article 13. (1) With respect to any personal or Customer data (as defined in applicable data protection laws and regulations including the General Data Protection Regulation 2016/679 (when it comes into effect on May 25, 2018)) that you will provide to ADSuisse in relation to the Services, parties agree that ADSuisse will act as a “data processor” (as defined in applicable data protection laws and regulations including the General Data Protection Regulation 2016/679 which comes into effect on May 25, 2018 (GDPR) and that you will act as a “data controller” (as defined in applicable data protection laws and regulations including the GDPR. (2) When you act as a processor with respect to any Personal or Customer data that you will provide to ADSuisse in relation to the Services, parties agree that ADSuisse will act as a “data sub-processor” (as defined in applicable data protection laws and regulations including the GDPR. (3) You guarantee that all information you provide to ADSuisse in relation to the Services is gathered and provided to ADSuisse in compliance with applicable national and community laws, including applicable data protection laws. (4) ADSuisse shall maintain appropriate administrative, physical, and technical safety measures for the protection of the security, confidentiality, and integrity of Processed and Customer data as provided in the Security Policy. We agree not to: (a) redistribute Customer or Processed data, (b) disclose Customer or Processed data except as compelled by law in accordance or as expressly permitted in writing by you.

ADSuisse obligations as processor

Article 14. (1) ADSuisse will process Customer Data only in accordance with the Services and not for its own purposes. If required to process Customer Data for any other purpose by the European Union or Member State law to which ADSuisse is subject, ADSuisse shall inform the Customer of this requirement before the Data Processing commences unless that law prohibits this on important grounds of public interest. Customer accepts that if it instructs ADSuisse to do something that exceeds the instructions specifically established in the Agreement, we may require a reasonable additional charge to fulfill those instructions which will be as agreed in writing between the parties. (2) ADSuisse will deliver the Services at Customer’s subscription and cost, considering the nature of the Data Processing. (3) Taking into account the information available to ADSuisse, we will assist the Customer in ensuring Customer’s compliance with the obligations pursuant to Articles 32 to 36 of the GDPR or equivalent provisions in the Data Protection Legislation. (4) ADSuisse should implement and maintain Appropriate Technical and Organizational Measures to protect the Customer Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful Data Processing, accidental loss, destruction, damage or theft of the Customer Data and having regard to the nature of the Customer Data which is to be protected. As a minimum, these will include the requirements required under the Data Protection Legislation. The specific Technical and Organizational Measures can be found at www.adsuisse.com/data-protection; (5) ADSuisse ensures that only personnel who are contractually bound to respect the confidentiality of the Customer Personal Data have access to it and has ensured that the personnel with access to the personal data is limited only to the persons who need to process the data for the provision of the Services. (6) We will not retain any of the Customer Personal Data for longer than is necessary to perform its obligations under the Agreement and, at the end of the Service or upon Customer’s request, securely delete or anonymize such Customer Data in accordance with any relevant terms in the Agreement unless European Union or Member State law requires storage of the Customer Data, and ensure that all ADSuisse Companies that have received relevant Customer Data are made aware of any request to delete the relevant Customer Data. (7) We shall, upon your request, update, correct, anonymize or delete any Customer Data, unless Customer has the ability to carry out that action on the Customer Data itself, or the European Union or Member State law requires storage of the Customer Data, and ensure that all ADSuisse Companies that have received relevant Customer Data are made aware of any request to update, correct, anonymize or delete the relevant Customer Data. (8) ADSuisse shall notify the Customer as data controller immediately in case of established breach of security of the processed personal data of the third persons whose data is processed for the provision of the Services.

Provision of data to Sub-processors

Article 15. (1) Customer agrees that we may transfer Customer or Personal Data to ADSuisse Companies and the third parties as sub-processors for the provision of the relevant Service (“Sub-processors”), for the purpose of fulfilling ADSuisse’s obligations under the Agreement. ADSuisse will ensure that any Sub-processors to whom ADSuisse transfers Customer Personal Data enter into written agreements requiring that the Sub-processor abide by provisions that are no less protective than these Terms and Conditions and are in full compliance with the legal regulations, including the GDPR. There will be no contractual relations between you and the Sub-processors. (2) ADSuisse will remain fully responsible to Customer for the fulfillment of its obligations under these Terms and Conditions and the Agreement, including for any damages as a consequence from a fault or omission of a Sub-processor with which ADSuisse has concluded a contract. (3) We can at any time and at our discretion appoint a new Sub-processor without obligation to notify you, but under the terms and conditions of this agreement and only in case the appointed sub-processor is compliant with the applicable Data Protection Legislation. (4)_ADSuisse shall maintain an up-to-date list of Sub-processors on its website or the Customer’s user account, which shall be accessible to the Customer.

Obligations of the Customer as a Data Controller

Article 16. (1) The Customer acts as a data controller with regard to the personal data of the processed subjects and as such ensures that there are sufficient legal grounds under the legal framework and GDPR for the processing of such data. (2) The Customer notifies ADSuisse in case a person whose personal data is being processed as a part of the provision of the Services exercises its rights under GDPR, as well as when the person revokes his consent for data processing. (3) The Customer as a data controller is responsible for ensuring that the processing of personal data of the processed subjects is lawful and based on a valid legal ground or consent. All claims and requests from the persons whose data is being processed by ADSuisse in accordance with the instructions of the Customer as a data controller, shall be directed towards the Customer. In case that any damages occur for ADSuisse as a result from a processed subject’s claim, the Customer shall compensate ADSuisse for the suffered prejudice.

Breach Notification

Article 17. ADSuisse shall notify the Customer without undue delay if we become aware of any accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure of, or access to the Customer Data (a "Data Breach"), and will take such reasonable steps as may be required to remedy the Data Breach and as soon as possible, provide you with: i. a detailed description of the Data Breach; ii. the type of Customer Data that was the subject of the Data Breach; iii. the identity of each affected person, as soon as such information can reasonably be collected or otherwise becomes available as well as periodic updates to this information; iv. the security measures which we have undertaken to prevent or minimize the effects of the breach; and any other information you may reasonably request relating to the Data Breach.

VI. Compliance management and third parties’ rights

Article 18. (1) If we receive a complaint from any person against you with respect to your activities as part of the use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within ten (10) days of receiving the complaint forwarded by us and copy ADSuisse in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you, for which you are duly informed with these Terms. (2) However, we will assist you by taking appropriate technical and organizational measures and so far as it is possible, in fulfilling Customer's obligations to respond to requests from third parties, exercising their rights regarding their personal data.

User-Generated Content

Article 19. (1) You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. (2) In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that ADSuisse will have the right to block access to or remove such content made available by you if ADSuisse receives justified complaints concerning any illegality or infringement of third party rights in such content, for which ADSuisse will duly inform you. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by ADSuisse for this purpose who shall take into consideration all relevant facts and circumstances for assessing the grounds for removal of the content. (3) For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, click here.

VII. Fees and Payments

Article 20. (1) Services are available to you under pay-as-you-go subscription plans, meaning that payment is directly related to the amount of Processed Data and achieved Discoveries as described in each subscription plan. Subscription plans, fees, and other pricing terms are to be found at adsuisse.com/pricing. (2) A payment for subscription plan should be done by you at the end of each billing cycle (monthly) and is paid only by credit card or bank transfer. The accumulated fee for a billing period is postpaid and we calculate it in EUR or USD at the beginning of the month, following the month when our Services were consumed. At the end of each billing period, we will issue a monthly invoice to you and make it available to the customer portal or send it via email. (3) Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription at least 14 days before the expiration of the period of the subscription. At the time of automatic renewal, you would not be charged, however, the accumulated fees up to the renewal date will be calculated, invoiced and then reset for the new billing cycle. (4) You can cancel your subscription anytime without penalty by sending an e-mail to accounts@adsuisse.com. However, this agreement remains in force until all due invoices are paid to ADSuisse. (5) We provide you with the option to dispute an invoice, as soon as it becomes available to you, by sending an e-mail to accounts@adsuisse.com that consists of an invoice number, invoice period and reasons for objection. In case we do not receive a dispute within five (5) days from the date of receipt of the invoice by you, we assume that the invoice is accepted and must be paid within the specified due date. (6) You can change your payment details at any time via the customer portal or by sending an e-mail to accounts@adsuisse.com with both your old and new payment details. (7) From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your current billing period and shall be accordingly calculated with the amended pricing terms afterwards. You will not be charged for using any Service unless you have opted for a paid subscription plan.

VIII. Licenses and Restrictions

Article 21. (1) Customers will not use, and will require any End Users not to use Data Output: i. for cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including email) in violation of national or European applicable laws and legislation; ii. in any manner that exceeds the scope of the licenses granted hereunder or any limits or restrictions defined in the order form, including any use of Data Output that has not been approved by ADSuisse in an order form. (2) As a condition to the licenses granted to you hereunder, Customer agrees that at all times during the subscription Customer’s application must provide additional data, content, and functionality to that provided by the Data Output alone. (3) In addition to all other terms and conditions of these Terms, you shall not: i. transfer the Services or otherwise make it available to any third party; ii. provide any service based on the Services without prior written permission by ADSuisse; iii. use our services without being compliant with national, European laws and regulations regarding data ownership and data processing; iv. publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; v. use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of ADSuisse; vi. violate any applicable local, state, national or international law; or vii. create a false identity to mislead any person as to the identity or origin of any communication. Licensing Article 22. (1) During the applicable subscription we hereby grant to you a limited, non-exclusive, non-transferable, license, as an inseparable part of the Services: (i) to create Data Output based on our Data Processing Services; (ii) to integrate, reproduce and use the Data Output as an integral part of your application or database; (iii) to resell, distribute and display the Data Output to authorized End Users through or as part of your application, strictly for internal use by such End Users, and not for resale or further distribution by such End Users or to provide services to any third party. (2) ADSuisse provides the license described above only as a part of the Services and in no way as an instruction for processing the data towards the Customer, and preserves its capacity of Data processor, while the Customer is considered Data controller with regard to the personal data of the processed persons.

IX. Customer application policy and restrictions

Article 23. The application of Data Output shall not: i. violate any third-party rights (including any intellectual property rights), any applicable national, international and European laws and regulations (including any privacy laws), the privacy policy (if applicable), or any of the restrictions defined in License & Restrictions section; ii. contain any tortious, threatening, harmful, defamatory or intentionally misleading, pornographic, obscene, or patently offensive content; iii. promote racism, bigotry, hatred, or physical harm of any kind against any group or individual; iv. knowingly transmit or introduce any computer viruses, worms, or any software intended to interfere with, damage or alter a computer system or data; or v. harvest, collect, gather or assemble information or private data regarding an end user or other individuals, including email addresses, without their consent. ADSuisse shall have the right, but not the obligation, at any time to monitor or review the customer application at any time and may reject the customer application and immediately cease to provide Data Output for use in the customer application if it determines, in good faith, that such usage does not comply with the ADSuisse policy or does not satisfy any of the other criteria or requirements in these Terms.

End User Agreement

Article 24. If the Data Output is made available by you to external end-users through a customer application, you have to inform ADSuisse prior to Data Output implementation in such application. The latter shall be licensed or made available to such end users pursuant to a binding written agreement between the Customer and end users that shall contain additional terms and restrictions, approved by ADSuisse beforehand.

Spamming and Illegal Activities

Article 25. You agree to be solely responsible for the contents of your transmissions through the Services and not to use the Services for illegal purposes. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

X. Other service terms

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Communication and announcements

Article 25. You agree to be solely responsible for the contents of your transmissions through the Services and not to use the Services for illegal purposes. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Inactive User Accounts Policy

Article 27. We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination. The data deletion policy may be implemented with respect to any or all of the Services.

Sample files and Applications

Article 28. ADSuisse may provide sample data for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data which is either unrelated to an actual person or regards a person who has given his consent for such use of his personal information. ADSuisse makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Trademark and use of Marks

Article 29. (1) ADSuisse, ADSuisse logo, the names of individual Services and their logos are trademarks of ADSuisse AG and/or its affiliates. You agree not to display or use, in any manner, these ADSuisse trademarks without ADSuisse’s prior permission thereto. (2) Except as expressly authorized in an applicable Order Form, neither party will make any use of the other party’s Marks in any manner, including any manner that dilutes, tarnishes or undermines the value of the other party’s Marks. Any press release or other publicity announcing or referring to this Agreement or the relationship between the parties, including identification of either party’s website, shall be subject to the prior written approval of the other party.