Platform as a Service Addendum (PaaS)
This Platform as a Service Addendum (“PaaS Addendum”) is incorporated into, and made a part of, the Service Order that references this PaaS Addendum, and constitutes a part of the MSA (as defined in the Service Order) between Tealium and Customer (as identified in such Service Order).
Platform as a Service Use. The Services are intended to augment Customer’s existing service offerings to its end clients (“Clients”). The use of the Services does not extend to such Clients, which means that Clients are not allowed to implement vendor tags or data connections directly in the Tealium user interface, and this will be managed solely by Customer for the Clients. Services utilization is for Customer’s resources only, and managing vendor integrations where Customer owns the contractual relationship or where the Client owns the contractual relationship and vendor integrations are necessary for the augmentation and completion of Customer’s service. Audiences created through the Services, that are designed, configured and implemented by Customer, in support of Customer-driven initiatives, are permitted. Sharing the design and implementation of said audiences by Clients is prohibited unless it is necessary for the augmentation and completion of Customer’s service. Nothing herein prohibits Tealium from directly or indirectly providing Services to such Clients during the Term of the MSA or thereafter. Tealium supports the multiple loading of Tealium iQ Tag Management Services on a single page. Tealium is responsible for troubleshooting and bug fixes arising from conflicts in data scoping, load rules and extensions where applicable. Customer is responsible for any conflicts or collisions arising from the dual loading of vendor tags and/or incorrect custom code.
Compliance with Laws and Indemnification. Customer will comply with all applicable laws and regulations and will assure that its Clients also comply with all applicable laws and regulations in connection with the use of the Services. Customer will assure that Client is not a person or entity identified on any U.S. export control prohibited-person or other restricted list, or is doing business with or in any countries that are sanctioned by the U.S. government or with whom doing business is restricted or prohibited by U.S. government regulation. Customer indemnifies, defends and holds Tealium harmless from and against all losses, liabilities, fines, expenses (including without limitation reasonable attorney’s fees) relating to a claim that arises from or is based upon Customer’s or Client’s violation of this section. Limitation of liability provisions in the MSA do not apply to this Section.
Order of Precedence. In the event of a conflict between the terms of the PaaS Addendum and the other provisions of the MSA, including the Terms of Service, the terms of this PaaS Addendum will prevail.
Platform as a Service v28FEB2019