Third-Party Data Providers
[USA & Canadian SPARK Customers only]
1.1 Where the Customer subscribes to information services from Third-Party Data Providers (the “Third-Party Data Providers”) for the purpose of enhancing its assessment of insurance applications including for (i) establishing a proposed insured’s eligibility for insurance; (ii) determining the policy terms, benefits, riders and premiums that will be offered to the proposed insured; and (iii) determining whether policy changes and reinstatements will be allowed, among other things. In order to facilitate access to and use of the aforementioned information services in connection the Hosted Services, the Parties agree as follows: —
(a) the Supplier shall ensure that the Hosted Services platform enables connectivity to the information services of the Third-Party Data Providers for use in connection with the processing of applications within the scope of this Agreement;
(b) the Customer is solely responsible for accessing and using the information services of the Third-Party Data Providers in accordance with the terms and conditions between the Customer and the relevant Third-Party Data Provider and within the scope of use of the Hosted Services of this Agreement;
(c) the Supplier is not responsible for the content of the information delivered by the Third-Party Data Providers to the Hosted Services platform and disclaims all liability arising from the Customer’s use of such information services;
(d) all subscription fees charged by the Third-Party Data Providers are for the account of the Customer and shall be billed directly to the Customer;
(e) the Customer shall defend, indemnify and hold harmless the Supplier, its Affiliates and their respective successors, assigns, officers, directors and employees from and against any losses arising from any claim or threatened claim that the Customer or its Agents are in breach of the Customer’s service agreement with a Third-Party Data Provider and any violation of Law by the Customer in connection with its use of the aforementioned information services.