Amazon Ads

Advertiser Audiences Agreement

The version of this Agreement in English is the definitive legal version. Translations into German, French, Italian, Spanish, Dutch, Japanese, Portuguese, and Turkish are available for your ease of reference only.

Last Updated: March 5, 2024

This Advertiser Audiences Agreement (“Agreement”) contains the terms and conditions that govern the terms under which you bring your own audiences to Amazon by using Hashed Audiences, Amazon Pixels, or a Data Provider, as well as your use of Durable Conversion Measurement (collectively, “Advertiser Audiences”) and is an agreement between you and Amazon. This Agreement is hereby incorporated into and made part of the applicable Orders that contemplate Advertiser Audience Activation. In the event of any conflicts between this Agreement and any other agreement pertaining to Advertiser Audiences or Advertiser Audience Activation, the terms of this Agreement will prevail.

As used in this Agreement, “you,” “your,” and “Customer” mean the entity registering for and using Advertiser Audiences, on its own behalf as Advertiser or as agent for or otherwise on behalf of an Advertiser. “Us,” “our,” and “Amazon” mean the applicable Amazon Contracting Entity and any of its applicable Affiliates. With respect to the Amazon Contracting Entities, each Order is a separate obligation of the Amazon Contracting Entity that executes such Order and no other Amazon entity has any obligation under such Order. Capitalized terms have the meanings given to them in this Agreement.

BY PARTICIPATING IN THE PROGRAM SET FORTH HEREIN, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS OR OTHER LEGAL ENTITY YOU REPRESENT): (A) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING ANY PROGRAM POLICIES POSTED ON THE ADVERTISER AUDIENCES WEBSITE OR A RELATED WEBSITE (AS MAY BE MODIFIED FROM TIME TO TIME), THAT APPLY FOR EACH LOCALE FOR WHICH YOU USE ADVERTISER AUDIENCES; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR). IN ADDITION, THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF A BUSINESS OR OTHER LEGAL ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT BUSINESS OR ENTITY TO THIS AGREEMENT.

1. Activation.

You will perform Advertiser Audience Activation in accordance with this Agreement, an applicable Order and any other agreement or terms referenced in such Order. You (or, as applicable, Advertiser or its Representative) will pay Amazon for Advertiser Audience Activation as specified in an applicable Order.

2. Activation Based on Hashed Data.

This Section 2 applies only if you activate Advertiser Audiences using Hashed Data.

(a) Hashed Data. You will provide Amazon with Hashed Data for the limited purpose of matching to Amazon IDs. You will also supply and transmit to Amazon one or more Segment Identifiers associated with the Hashed Data. You will not transmit any data to Amazon that is not Hashed Data. No Segment Identifier or Hashed Data may be based on Prohibited Data.

(b) Hashing Tool. As part of Advertiser Audiences, Amazon may make a hashing tool available for you to use to create Hashed Data (the “Hashing Tool”). If you choose to use the Hashing Tool, you agree that you will (i) only use the Hashing Tool for the purpose of creating Hashed Data to use for Advertiser Audiences and for no other purpose, (ii) not sell or license the Hashing Tool, or otherwise transfer the Hashing Tool to any Third Party, and (iii) agree not to tamper with, disassemble, modify, reverse engineer or otherwise alter the Hashing Tool. Your use of the Hashing Tool must comply with Applicable Laws. You—and not Amazon—are solely responsible for your use of the Hashing Tool.

(c) License. You (and, as applicable, on behalf of Advertiser) grant to Amazon and its Affiliates a non-exclusive right and license to use Hashed Data and Segment Identifiers for the purposes permitted by this Agreement and as may be otherwise expressly stated in an applicable Order.

(d) Customer and Advertiser Restrictions. You (i) will follow all Applicable Laws; (ii) publish a clear, concise and transparent privacy policy on web properties, apps and services that fulfills applicable information and notification requirements under Applicable Laws; (iii) seek, secure and retain records documenting user consent or opt-out choice on the web properties, apps or services on which data will be collected for use in connection with audience activation through Hashed Data where consent or opt-out choice is required under Applicable Laws; and (iv) agree that you have obtained all necessary rights, licenses, clearances and consents to provide the data to Amazon and that the use of the data in connection with your campaign(s) will not violate anybody’s rights or Applicable Law. If you discover you have collected, stored, used or disclosed any data in violation of this Section 2(d) or this Agreement, you will cease any such action immediately, notify Amazon in writing as soon as possible and will delete and destroy the originals and all copies of the relevant data in your possession or control.

3. Activation Based on Amazon Pixels.

This Section 3 applies only if you activate Advertiser Audiences using one or more Amazon Pixels.

(a) Approval. Amazon will provide the Amazon Pixel to you. You will be responsible for implementation of any Amazon Pixel and will implement the Amazon Pixel on the Advertiser Sites. At any time for any reason, Amazon may: (i) stop ingesting signals from the Amazon Pixel on the Advertiser Sites; or (ii) request you to remove, which you will do immediately, the Amazon Pixel.

(b) License. Amazon grants you a limited, non-exclusive, non-sublicensable right and license during the Term to install, copy, perform, distribute, and otherwise use the Amazon Pixel for purposes permitted by this Agreement and subject to the terms of the Agreement.

(c) Customer and Advertiser Restrictions. You will, and will require operators of the Advertiser Sites (and any other sites on which an Amazon Pixel may be placed; provided that this does not grant you permission to place the Amazon Pixel outside of Advertiser Sites, except as may be expressly permitted by Amazon in writing), to: (i) follow all Applicable Laws; (ii) not pass (or permit to be passed) to Amazon Prohibited Data, or any data which, on its own, would identify an individual user (such as name, email address, phone number etc); (iii) not use the Amazon Pixel on any site, app, or service directed to Children, or which collect or solicit information from Children; (iv) not use the Amazon Pixel to create or reach audiences based on Prohibited Data; (v) publish a clear, concise and transparent privacy policy on web properties, apps and services on which the Amazon Pixel is placed that fulfills the applicable information and notification requirements under Applicable Laws, including notification of cookies or similar technologies used for the purpose of advertising; (vi) seek, secure and retain records documenting user consent or opt-out choice on the web properties, apps or services on which the Amazon Pixel is placed where consent or opt-out choice is required under Applicable Laws; and (vii) require any operators of web properties on which the Amazon Pixel is implemented to contractually agree to (i)-(vi). If you discover you have collected, stored, used or disclosed any data in violation of this Section 3(c) or this Agreement, you will cease any such action immediately, notify Amazon in writing as soon as possible, and delete and destroy the originals and all copies of the relevant data in your possession or control.

4. Activation through Data Providers.

This Section 4 applies only if you activate Advertiser Audiences by using a Data Provider.

(a) Instructions. You will instruct any party that manages your audience data or otherwise provides audience data services to you (“Data Provider") to provide Amazon with one or more audiences for use in connection with the campaign. You and the Data Provider, and not Amazon, shall be solely responsible for ensuring that the data you select is sent to Amazon for use in the campaign and Amazon shall not be responsible or liable for any errors by you, any agent, or the Data Provider in the selection and transmission of such data.

(b) Customer and Advertiser Restrictions. You will, and where applicable will ensure that your Data Provider will, (i) follow all Applicable Laws; (ii) not pass (or permit to be passed) to Amazon data that is based on Prohibited Data, or any data which, on its own, would identify an individual user (such as name, email address, phone number etc.); (iii) publish a clear, concise and transparent privacy policy on web properties, apps and services that fulfills applicable information and notification requirements under Applicable Laws; (iv) seek, secure and retain records documenting user consent or opt-out choice on the web properties, apps or services on which data will be collected for use in connection with audience activation through a Data Provider where consent or opt-out choice is required under Applicable Laws; and (v) obtain all necessary rights, licenses, clearances and consents to provide the data to Amazon and agree that the use of the data in connection with your campaign(s) will not violate anybody’s rights or Applicable Law. If you discover you or your Data Provider have collected, stored, used or disclosed any data in violation of this Section 4(b) or this Agreement, you will cease any such action immediately, notify Amazon in writing as soon as possible, and delete and destroy the originals and all copies of the relevant data in your possession or control.

5. Durable Conversion Measurement.

This Section 5 applies only if you are using Durable Conversion Measurement.

(a) You will be responsible for your use of the durable conversion tracking tools ("Durable Conversion Measurement") made available to you by Amazon. At any time for any reason, Amazon may cease to make available Durable Conversion Measurement to you, either in whole or by limiting or removing certain features and functions. Data provided to Amazon through the Durable Conversion Measurement tool may be used to improve services and optimize campaigns for all ad campaigns on the Amazon DSP.

(b) Customer and Advertiser Restrictions. You will, and will require operators of the Advertiser Sites, or any other site on which you are collecting data for use in connection with the Durable Conversion Measurement, to: (i) follow all Applicable Laws; (ii) not pass (or permit to be passed) to Amazon Prohibited Data; any data which, on its own, would identify an individual user (such as name, email address, phone number etc.); or any data which you lack any required consent or permission to pass for use in Durable Conversion Measurement; (iii) not use Durable Conversion Measurement with respect to any site, app, or service directed to Children, or which collect or solicit information from Children; (iv) not use Durable Conversion Measurement to create or reach audiences based on Prohibited Data; (v) publish a clear, concise and transparent privacy policy on web properties, apps and services on which data will be collected for use in connection with Durable Conversion Measurement that fulfills the applicable information and notification requirements under Applicable Laws, including notification of technologies used for the purpose of advertising and measurement; (vi) seek, secure and retain records documenting user consent or opt-out choice on the web properties, apps or services on which data will be collected for use in connection with Durable Conversion Measurement where consent or opt-out choice is required under Applicable Laws; and (vii) require any operators of web properties on which data will be collected for use in connection with Durable Conversion Measurement to contractually agree to (i)-(vi). If you discover you have collected, stored, used or disclosed any data in violation of this Section 5(b) or this Agreement, you will cease any such action immediately, notify Amazon in writing as soon as possible, and delete and destroy the originals and all copies of the relevant data in your possession or control.

6. Additional Data Restrictions.

Customer and Advertiser will not, and will ensure that any Representative (including any Third Party service provider engaged by Customer in connection with Advertiser Audience Activation) do not, through any means (i) re-identify or derive or attempt to derive any personally identifiable information from any individual based on or in connection with Advertiser Audiences or Advertiser Audience Activation, (ii) create, receive or provide campaign reporting on, or analyses of, an individual user, browser or device in connection with Advertiser Audience Activation, or (iii) use Amazon Site Data for Repurposing. “Amazon Site Data” is any data that is (A) preexisting Amazon data used by Amazon pursuant to an applicable Order, (B) gathered pursuant to an applicable Order during delivery of an advertisement that identifies or allows identification of Amazon, the applicable Amazon Site, brand, content, context, or users as such, or (C) entered by users on the applicable Amazon Site (other than where it is expressly disclosed to such individual users that such collection is solely on behalf of Advertiser). “Repurposing” means targeting a user, browser or device, or appending data to a non-public profile regarding a user, browser or device; provided that this does not restrict Customer and Advertiser from using advertising features made available to Customer or Advertiser, as the case may be, by Amazon for Advertiser Audience Activations within the Amazon DSP or other designated Amazon Ads offerings.

7. Personal Data.

(a) GDPR. To the extent that Amazon processes Personal Data subject to GDPR requirements, you hereby agree to the Data Processing Addendum, which is located here and incorporated here by reference (“DPA”). You hereby instruct Amazon Europe Core S.à r.l., (“AEC”) to process Customer Personal Data, as defined by, and in accordance with, the terms and conditions set forth in the DPA.

(b) U.S. State Privacy Laws. To the extent that Amazon processes U.S. Customer Personal Data subject to requirements under the U.S. State Privacy Laws, Amazon will not (i) sell, rent, lease or sublicense such U.S. Customer Personal Data, or (ii) retain, use, or disclose such U.S. Customer Personal Data for any purpose other than for: (w) the Advertiser Audience Activation or Durable Conversion Measurement purposes described in this Agreement and any applicable Order, (x) reporting to You (or, as applicable, to Advertiser or its Representative), (y) Amazon’s internal reporting, internal analysis, forecasting campaign performance, and optimization of its ad systems, and (z) as otherwise permitted under the U.S. State Privacy Laws.

(c) Without limiting other provisions of this Section 7, to the extent that Amazon processes U.S. Customer Personal Data subject to requirements:

(i) under the U.S. State Privacy Laws for any purpose other than cross-context behavioral advertising (as defined in and subject to applicable law), you hereby agree to the U.S. State Privacy Laws Addendum, which is located here and incorporated herein by reference; or

(ii) under CCPA for the purpose of cross-context behavioral advertising (as defined in the CCPA), Customer and Amazon agree as follows:

(A) Customer provides such U.S. Customer Personal Data to Amazon for the limited and specified purposes of Advertiser Audience Activation via Hashed Data, Amazon Pixels, Data Providers, or Durable Conversion Measurement (as applicable). Customer provides such U.S. Customer Personal Data to Amazon, and Amazon may process such U.S. Customer Personal Data, only for these limited and specified purposes and for those purposes otherwise permitted by this Agreement or under the U.S. State Privacy Laws;

(B) Amazon shall comply with Applicable Law, including the CCPA, in connection with its obligations under the Agreement;

(C) Customer shall comply with Applicable Law, including the CCPA, in connection with its obligations under the Agreement, including updating U.S. Customer Personal Data provided to Amazon pursuant to this Agreement to delete, exclude, and/or cease providing data subject to consumer opt-out and deletion requests, as applicable;

(D) Customer may take reasonable and appropriate steps, to the extent required by Applicable Law and using materials generally made available by Amazon for such purposes, to ensure that Amazon uses U.S. Customer Personal Data provided pursuant to this Agreement in a manner consistent with Customer’s obligations under Applicable Law;

(E) Amazon shall notify Customer if it determines it can no longer meet its obligations under Applicable Law; and

(F) Customer has the right, upon notice, to request Amazon to suspend or discontinue the applicable processing of the U.S. Customer Personal Data, to the extent necessary to stop or remediate unauthorized use of U.S. Customer Personal Data.

(d) LGPD. To the extent that Amazon processes Personal Data subject to LGPD requirements, you hereby agree to the DPA, which is located here and incorporated here by reference. You hereby instruct Amazon Serviços de Varejo do Brasil Ltda. to process U.S. Customer Personal Data, as defined by, and in accordance with, the terms and conditions set forth in the DPA.

(e) TR DPL. To the extent that Amazon processes Personal Data subject to TR DPL requirements, you hereby agree to the DPA, which is located here and incorporated here by reference. You hereby instruct Amazon Turkey Perakende Hizmetleri Limited Şirketi or AEC to process Customer Personal Data, as defined by, and in accordance with, the terms and conditions set forth in the DPA.

(f) Mexican DP Law. To the extent that Amazon processes Personal Data subject to Mexican DP Law requirements, you hereby agree that Personal Data shared with Amazon has been collected in accordance with the Mexican DP Law and that Amazon will act as data processor (encargado), as defined in the Mexican DP Law. You also agree to the DPA, which is located here and incorporated here by reference. Therefore, you hereby instruct Servicios Comerciales Amazon Mexico, S. de R.L. de C.V. to process Customer Personal Data, in accordance with your Privacy Notice and in accordance with the provisions set forth in article 50 of the Regulations of the Mexican DP Law. The parties acknowledge and agree that you will be solely responsible to inform the data-subjects of the processing of Personal Data for the purposes contemplated in this Agreement and as set forth in the Mexican DP Law.

(g) Security. Amazon will implement reasonable security measures designed to protect against unauthorized access to, or the unauthorized use or disclosure of any Personal Data. Unless Advertiser or its Representative otherwise requests, Hashed Data will be deleted immediately upon completion of the Advertiser Audience Segment creation process.

8. Representations and Warranties.

(a) By You and Advertiser. Each of Customer and Advertiser represent, warrant and covenant that (i) all Advertiser Data was collected or otherwise obtained in accordance with all Applicable Laws; (ii) such entity’s performance, including without limitation, its disclosure of the Advertiser Data to Amazon, will comply with all Applicable Laws (including industry self-regulations, such as the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising), the Brazilian Self-Regulatory Advertising Council (Conselho Nacional de Autorregulamentação Publicitária – CONAR), and the Brazilian Standard Rules Executive Council (Conselho Executivo das Normas-Padrão – CENP); (iii) such entity has all necessary rights, licenses and clearances to provide Advertiser Data to Amazon for the purposes set forth in this Agreement; (iv) the disclosure of Advertiser Data to Amazon and Amazon’s use thereof as intended under this Agreement will not violate any Applicable Laws nor violate the rights of any Third Party; (v) such entity will not send information to Amazon in connection with this Agreement that constitutes Prohibited Data, or any data which, on its own, would identify an individual user (such as name, email address, phone number etc); (vi) such entity will not make available any audience targeting segments in connection with this Agreement that are, or may be, based on any Prohibited Data; and (vii) it will not take any action in connection with this Agreement that would cause Amazon to be in violation of Applicable Law. Each of Customer and Advertiser further represent, warrant and covenant that: (viii) it and its financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, the Brazilian government, or other applicable government authority; (ix) it will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs administered by the Office of Foreign Assets Control; and (x) it will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, Brazil, or any other applicable government authority.

(b) By Customer (if not Advertiser). If you are not the Advertiser, you also represent, warrant and covenant that: (i) you have been appointed as an agent of such Advertiser in connection with Advertiser Audiences; (ii) you are duly authorized to enter into this Agreement on behalf of such Advertiser, to bind such Advertiser to this Agreement’s terms (including the representations and warranties in Section 8(a)) and to act on behalf of such Advertiser in the performance of its obligations and the exercise of its rights under this Agreement and its use of Advertiser Audiences; (iii) this Agreement will be enforceable against such Advertiser in accordance with this Agreement’s terms; (iv) you will contractually require that such Advertiser complies with the requirements of this Agreement; (v) you are fully responsible for such Advertiser’s non-compliance with the requirements of this Agreement; and (vi) you will, upon our request, provide us written confirmation of the agency relationship between you and such Advertiser in connection with Advertiser Audiences and this Agreement.

(c) By Amazon. Amazon represents, warrants and covenants that all information upon which Amazon IDs are based was collected or otherwise obtained in accordance with all Applicable Laws.

9. Removal; Suspension.

Amazon may at any time remove or suspend Customer from Advertiser Audiences, or reject or remove or suspend any Advertiser Audiences materials related to Customer (or, as applicable, the Advertiser) without notice. The reinstatement of any Customer or any materials after such suspension or removal will be in our sole discretion.

10. Modification.

Amazon may amend any of the terms and conditions contained in this Agreement (including any program policies) at any time and in our sole discretion. Any changes will be effective upon the posting of such changes on the Advertiser Audiences website, or on an Amazon Site, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. Changes may be made without notice to you. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF ADVERTISER AUDIENCES FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

11. Notices.

Amazon will send all notices and other communications regarding this Agreement and Advertiser Audiences to the e-mail address you provide during the registration process for Advertiser Audiences, or by any other means then specified by Amazon. You will be deemed to have received all notifications, approvals, and other communications sent to that e-mail address, even if the e-mail address associated with its account is no longer current. You must send us all notices and other communication relating to Advertiser Audiences or this Agreement by contacting your Amazon Advertising representative.

12. Term; Termination.

The term of this Agreement will begin upon Customer’s acceptance of this Agreement and will end when terminated by either party (“Term”). Each party may terminate this Agreement at any time, with or without cause, by providing notice to the other parties as set forth in this Agreement. This Agreement will terminate immediately upon (a) the institution by or against Customer of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of its debts, (b) Customer’s making an assignment for the benefit of creditors, or (c) Customer’s dissolution or ceasing to do business.

13. Additional Cancellation Right.

Without limiting Amazon’s other cancellation rights, Amazon may cancel any Order relating to Customer’s use of Advertiser Audiences with no further liability or obligation to Customer (or any of its Representatives or, as applicable, Advertiser) if Amazon reasonably believes that the fulfillment of such Order as contemplated herein may violate any Applicable Laws or otherwise subject Amazon to potential legal liability or adverse publicity.

14. Indemnification.

(a) By Customer and Advertiser. Without limiting any other applicable Customer and Advertiser defense and indemnification obligations, each of Advertiser and Customer will defend, indemnify, and hold harmless Amazon and each of its Affiliates, and their respective officers, directors, employees, and agents, and each Third Party that owns, operates or controls an Advertiser Site, from damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) resulting from any claim, judgment, or proceeding (collectively, “Claims”) brought by a Third Party arising from or relating to Customer’s or Advertiser’s use of Advertiser Audiences or any actual or alleged breach by Customer or Advertiser of its representations, warranties or covenants in this Agreement.

(b) By Amazon. Without limiting any other applicable Amazon indemnification obligations, Amazon will defend, indemnify, and hold harmless Customer and Advertiser and each of their Affiliates and officers, directors, employees, and agents from Losses resulting from any Claims brought by a Third Party arising from or relating to any actual or alleged breach by Amazon of its representations, warranties or covenants in this Agreement.

(c) Process. In all cases in which an indemnified party seeks indemnification hereunder, the indemnified party will (a) provide the indemnifying party with prompt notice of any such Claim (provided that the failure to provide prompt notice will only relieve the indemnifying party of its obligation to the extent it is materially prejudiced by such failure and can demonstrate such prejudice), (b) permit the indemnifying party to assume and control the defense of such action upon the indemnifying party’s written notice to the indemnified party of the indemnifying party’s intention to indemnify, and (c) upon the indemnifying party’s written request, and at no expense to the indemnified party or its Affiliates, provide to the indemnifying party all available information and assistance reasonably necessary for the indemnifying party to defend such Claim. The indemnifying party will not enter into any settlement or compromise of any such Claim, which settlement or compromise would result in any liability to or otherwise adversely affect the indemnified party (including any settlement that requires the indemnified party to admit fault or attributes fault to the indemnified party), without the indemnified party’s prior written consent, which will not unreasonably be withheld or delayed.

15. Confidentiality; Publicity.

(a) Confidential Information. Customer and Advertiser will comply with the terms of any non-disclosure agreement (“NDA”) they have with Amazon. If no such agreement exists, Customer and Advertiser will protect and keep confidential the existence of this Agreement, its terms and conditions and, except as otherwise expressly permitted under this Agreement, any other information obtained from us in connection with this Agreement or related to Advertiser Audiences that is identified as confidential or proprietary or that, given the nature of such information or the manner of its disclosure, reasonably should be considered confidential or proprietary (including all information relating to our technology, advertising programs and pricing). For clarity, nothing in this Agreement prevents Amazon from providing an individual information in response to the individual’s data access request in accordance with Amazon’s privacy policies or Applicable Laws. Notwithstanding the obligation of confidentiality, the parties acknowledge that each party has the right to use this Agreement in the event of complaints to a public authority or legal proceedings to defend its rights under this Agreement in relation to non-compliance by the other party with EU law and/or EU Member State laws. Each party may disclose this Agreement to its own accountants and legal advisers as well as to any relevant public authority as required by law and to the extent necessary for the abovementioned purpose. Neither party needs to give prior notice or obtain approval from the other party to exercise its rights under this clause.

(b) Publicity and Marketing. Except as expressly permitted under this Agreement or in writing by us, Customer and Advertiser will not discuss, mention, or reference in any manner (a) “Amazon.com,” and any Amazon Site, an Amazon Contracting Entity or any of its Affiliates (or any trade name, trademark, service mark, logo, commercial symbol, proprietary rights, content, products, or services associated with any of the aforementioned entities) or (b) Customer’s or Advertiser’s relationship with us under this Agreement, in any manner in press releases, advertising, sales, public, or other promotional activities or statements. Neither Customer nor Advertiser may misrepresent or embellish the relationship among Customer, Advertiser and Amazon in any way.

16. Disputes; Governing Law; Venue.

(a) If the Advertiser Audiences feature is used in the United States or Canada, the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington will govern this Agreement, without giving effect to any principles of conflicts of laws. If the Advertiser Audiences feature is used in the United States or Canada, the parties consent that any dispute or claim relating in any way to this Agreement or in connection with Advertiser Audiences will be resolved by binding arbitration as described in this paragraph, rather than in court, except that Customer and Advertiser may assert claims in a small claims court if such claims qualify and any party may bring suit in a state or federal court in King County, Washington to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, Customer or Advertiser, as applicable, must send a letter requesting arbitration and describing its claim to our registered agent, Corporation Service Company, 2711 Centreville Road, Suite 400, Wilmington, DE 19809. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Amazon will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon will not seek attorneys' fees and costs from Customer or Advertiser in arbitration unless the arbitrator determines the claims are frivolous. Customer or Advertiser, as applicable, may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where Customer or Advertiser, as applicable, resides or at another mutually agreed location. Amazon, Customer and Advertiser each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Amazon, Customer and Advertiser each waive any right to a jury trial.

(b) If the Advertiser Audiences feature is used in a country in Europe (e.g., the United Kingdom, Germany, France, Spain, Italy, Sweden, or another member state of the European Union) or Turkey, the laws of the Grand Duchy of Luxembourg will govern this Agreement, without giving effect to any principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. For any dispute relating in any way to this Agreement or the use of the Advertiser Audiences feature, Amazon, Customer, and Advertiser each submit to the exclusive jurisdiction of the courts of the district of Luxembourg City, Luxembourg. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction for any actual or alleged infringement of such party’s, its Affiliates’, or any third party’s intellectual property or proprietary rights.

(c) If the Advertiser Audiences features is used in Japan, the laws of Japan govern this Agreement, and any dispute relating in any way to this Agreement will only be adjudicated in the Tokyo District Court. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. TO THE EXTENT PERMITTED BY LAW, CUSTOMER AND ADVERTISER HEREBY WAIVE ANY RIGHTS THAT EACH OF THEM MAY HAVE TO BRING DISPUTES FOR RESOLUTION BEFORE ANY OTHER COURT, TRIBUNAL OR FORUM. Amazon, Customer, and Advertiser each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

(d) If the Advertiser Audiences feature is used in India: (a) the laws of India will govern this Agreement, without giving effect to any principles of conflicts of laws; and (b) all disputes, claims, differences or questions of any nature arising between Amazon and Customer or Advertiser relating in any way to this Agreement or in connection with the Advertiser Audiences feature, including its construction, meaning or interpretation or effect hereof or as to rights, liabilities of the parties, will be referred to the sole arbitrator appointed by Amazon. The arbitration will be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or such statutory amendment thereof. The parties agree to have their disputes resolved by the fast track procedure specified in the Section 29 of the Arbitration and Conciliation Act 1996. The arbitration proceedings will be conducted in English and the venue of such proceedings shall be at Delhi. The courts at Delhi shall have the sole and exclusive jurisdiction for all arbitral application.

(e) If the Advertiser Audiences feature is used in Australia, the laws of New South Wales, Australia govern this Agreement, and any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these Courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. TO THE EXTENT PERMITTED BY LAW, CUSTOMER AND ADVERTISER HEREBY WAIVE ANY RIGHTS THAT EACH OF THEM MAY HAVE TO BRING DISPUTES FOR RESOLUTION BEFORE ANY OTHER COURT, TRIBUNAL OR FORUM. Amazon, Customer, and Advertiser each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Amazon, Customer, and Advertiser each waive any right to a jury trial.

(f) If the Advertiser Audiences feature is used in Brazil, the laws of Brazil govern this Agreement, and any claim relating in any way to this Agreement will be resolved by binding arbitration by the Brazil-Canada Chamber of Commerce. The arbitration proceeding will take place in São Paulo (Brazil) and will be conducted in English, by one arbitrator. Claims that may not be submitted to arbitration because of a legal restriction will be solved by the Central Courts of the State of São Paulo, so the parties waive to the jurisdiction of any alternative venue. There is no judge in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Payment of all filing, administration and arbitrator fees will be governed by the Brazil-Canada Chamber of Commerce´s rules. TO THE EXTENT PERMITTED BY LAW, CUSTOMER AND ADVERTISER HEREBY WAIVE ANY RIGHTS THAT EACH OF THEM MAY HAVE TO BRING DISPUTES FOR RESOLUTION BEFORE ANY OTHER COURT, TRIBUNAL OR FORUM. Amazon, Customer, and Advertiser each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

(g) If the Advertiser Audiences feature is used in Mexico, the laws of Mexico govern this Agreement, and any dispute or claim relating in any way to this Agreement or in connection with Advertiser Audiences will be resolved by binding arbitration under the Rules of Arbitration of the ICC International Court of Arbitration by three arbitrators appointed in accordance with the said Rules. The place of arbitration shall be Mexico City, and the language of the arbitration shall be English. Amazon, Customer, and Advertiser each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Amazon, Customer, and Advertiser each waive any right to a jury trial.

(h) If the Advertiser Audiences feature is used in the United Arab Emirates, this Agreement shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre. The parties agree that any dispute or claim (including non-contractual claims) arising out of or in connection with this Agreement, including any question regarding its existence, validity, breach, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration ("LCIA Rules"), which are deemed to be incorporated by reference into this section. The number of arbitrators shall be one. The seat or legal place of arbitration shall be the Dubai International Financial Centre, Dubai. The language of the arbitration shall be English. Any dispute or claim arising in relation to the validity or enforcement of this arbitration clause shall be governed by the laws of the Dubai International Financial Centre. Notwithstanding the foregoing, any party may seek injunctive relief in any court of competent jurisdiction against any matters relating to protection of intellectual property rights or breach of confidentiality obligations.

(i) If the Advertiser Audiences feature is used in the Kingdom of Saudi Arabia, the laws of the Kingdom of Saudi Arabia will govern this Agreement, without giving effect to any principles of conflicts of laws. Amazon, Customer, and Advertiser each consent that any dispute or claim relating in any way to this Agreement shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated by reference into this section. The number of arbitrators shall be one, to be appointed in accordance with the LCIA Rules. The seat or legal place of arbitration shall be Riyadh, Kingdom of Saudi Arabia. The language of the arbitration shall be English. Notwithstanding the foregoing, any party may seek injunctive relief in any court of competent jurisdiction against any matters relating to protection of intellectual property rights or breach of confidentiality obligations. Notwithstanding anything to the contrary herein, nothing in this Agreement shall, or shall be interpreted or construed to, induce or require any party hereto to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any U.S. laws, regulations, rules, or requirements that apply to any party to this Agreement.

17. Disclaimers.

WITHOUT LIMITING ANY OTHER APPLICABLE DISCLAIMERS, ADVERTISER AUDIENCES, INCLUDING ALL TECHNOLOGY, TOOLS, SERVICES, SOFTWARE, FUNCTIONALITY, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH ADVERTISER AUDIENCES, ARE PROVIDED “AS-IS.” CUSTOMER’S USE OF ADVERTISER AUDIENCES IS AT ITS OWN OPTION AND RISK. AMAZON DOES NOT WARRANT THAT ADVERTISER AUDIENCES OR ANY WEBSITES, TECHNOLOGY, TOOLS, SERVICES, SOFTWARE, FUNCTIONALITY, MATERIALS OR INFORMATION PROVIDED IN CONNECTION WITH ADVERTISER AUDIENCES WILL MEET CUSTOMER’S OR ADVERTISER’S REQUIREMENTS, BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, AND AMAZON WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AMAZON AND ITS AFFILIATES DISCLAIM, AND CUSTOMER WAIVES ALL CLAIMS REGARDING ADVERTISER AUDIENCES OR FEES OR CHARGES FOR ADVERTISER AUDIENCES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NO PARTY MAKES, EACH PARTY AND ITS AFFILIATES DISCLAIM, AND THE OTHER PARTIES WAIVE ALL CLAIMS REGARDING: (A) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT OR ADVERTISER AUDIENCES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT; AND (B) ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE.

18. Limitation of Liability.

EACH AMAZON CONTRACTING ENTITY IS SEVERALLY LIABLE FOR ITS OWN OBLIGATIONS UNDER THIS AGREEMENT AND IS NOT JOINTLY LIABLE FOR THE OBLIGATIONS OF ANY OTHER AMAZON CONTRACTING ENTITY OR AFFILIATE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AMAZON BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING FOR ANY LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOST PROFITS OR DATA, OR COMPUTER FAILURE OR MALFUNCTION) ARISING FROM OR RELATING TO THIS AGREEMENT OR ADVERTISER AUDIENCES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, AMAZON’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR ADVERTISER AUDIENCES WILL NOT EXCEED THE LESSER OF THE AMOUNT OF FEES PAID TO AMAZON FOR APPLICABLE ORDERS DURING THE 6-MONTH PERIOD PRIOR TO THE DATE SUCH LIABILITY FIRST AROSE OR $10,000 USD.

19. General.

(a) Tax. Each party will be responsible, as required under Applicable Laws, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party with respect to this Agreement.

(b) Relationship of the Parties. Each party is an independent contractor, and this Agreement will not be construed to create a partnership, joint venture, agency, employment, or any other relationship between Amazon and Customer. Customer will not represent itself to be an employee, representative, or agent of Amazon. Customer will have no authority to enter into any agreement on Amazon’s behalf or in Amazon’s name or otherwise bind Amazon to any agreement or obligation.

(c) Assignment. Customer will not assign any part or all of this Agreement without Amazon’s prior written consent. Any attempt to assign in violation of this section is void in each instance. Amazon may assign this Agreement (or any of its rights and obligations under this Agreement): (a) to any of its Affiliates; or (b) in connection with any merger, consolidation, reorganization, or sale of all or substantially all of its assets or any similar transaction.

(d) Third Party Beneficiaries. This Agreement is for the sole benefit of the parties and their successors and permitted assigns. It will not be construed to confer any rights or remedies to any person or entity not a party to this Agreement.

(e) Entire Agreement. This Agreement, together with an applicable NDA and program policies, represents the entire agreement among the parties with respect to the subject matter of this Agreement and supersedes any previous or contemporaneous oral or written agreements and understandings.

(f) Interpretation; Waiver. Whenever used in this Agreement, unless otherwise specified: (a) the terms “includes,” “including,” “e.g.,” “for example,” “for instance,” “such as” and other similar terms are deemed to include the term “without limitation” immediately thereafter; (b) the phrase “Amazon may” and other similar terms mean Amazon may decide the applicable matter in its sole discretion; and (d) any websites referenced in this Agreement will be deemed to also refer to any successor or replacement websites. The headings of sections and subsections of this Agreement are for convenience of reference only and are not intended to affect the interpretation or construction of any provision of this Agreement. Failure to enforce any provision of this Agreement will not constitute a waiver. The waiver by any party of any breach or default will not constitute a waiver of any different or subsequent breach or default.

(g) Severability; Survival. If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect and will be construed to effectuate the purpose and intent of this Agreement. Upon any termination or cancellation of this Agreement, all rights and obligations of the parties under this Agreement will be extinguished, except that the rights and obligations of the parties under Sections 2(d), 3(c), 4(c), 5(b), 6, and 14 through 19 will survive the termination of this Agreement.

20. Definitions.

The parties agree that, in addition to terms defined elsewhere in this Agreement, the following terms will apply and will control for purposes of this Agreement:

(a) “Advertiser” means the advertiser using Advertiser Audiences on its own behalf or for whose benefit a Representative uses Advertiser Audiences.

(b) “Advertiser Audience Activation” means the targeting or measurement, as the case may be, of an advertising campaign based upon any audience data brought to Amazon by or on behalf of the Advertiser.

(d) “Advertiser Data” means all data collected by or transmitted to Amazon from or on behalf of the Advertiser as part of Advertiser Audiences under this Agreement.

(e) “Advertiser Site” or “Advertiser Sites” means websites on which Advertiser has a contractual right to serve advertisements or implement ad targeting or measurement products in connection with an applicable Order.

(f) “Affiliate” means, as to an entity, any other entity directly or indirectly controlling, controlled by, or under common control with, such entity.

(g) “Amazon Contracting Entity” means (a) Amazon Advertising LLC, to the extent Advertiser Audiences is used in the United States, (b) AEC, to the extent Advertiser Audiences is used in the United Kingdom, France, Germany, Spain, Italy, or another country in Europe (except Sweden), (c) Amazon Japan G.K., to the extent Advertiser Audiences is used in Japan, (d) Amazon Advertising Canada, Inc., to the extent Advertiser Audiences is used in Canada, (e) Amazon Seller Services Private Limited, to the extent Advertiser Audiences is used in India, (f) Amazon Commercial Services Pty Ltd, to the extent the Advertiser Audiences is used in Australia, (g) Amazon Turkey Perakende Hizmetleri Limited Sirketi, to the extent Advertiser Audiences is used in Turkey, (h) Amazon Online Sweden AB, to the extent Advertiser Audiences is used in Sweden, (i) Amazon Serviços de Varejo do Brasil Ltda., to the extent Advertiser Audiences is used in Brazil, (j) Servicios Comerciales Amazon México, S. de R.L. de C.V., to the extent Advertiser Audiences is used in Mexico, (k) Souq.com FZ-LLC, to the extent Advertiser Audiences is used in the United Arab Emirates, and (l) Afaq Q-Tech General Trading LLC, to the extent Advertiser Audiences is used in the Kingdom of Saudi Arabia. If Advertiser Audiences is used in Canada, then it is the express wish of the parties that this Agreement and the applicable program policies have been drafted in English. (The following is a French translation of the preceding sentence: Si le pays choisi est le Canada, les parties souhaitent expressément que la présente convention ainsi que les politiques relatives au programme et les modalités supplémentaires applicables soient rédigées en anglais.) “Amazon Contracting Entity” includes any applicable Affiliate.

(h) “Amazon ID” means a unique identifier generated by Amazon or its Affiliates representing a unique user of the Amazon Sites.

(i) “Amazon Pixel” means any pixels or tags that are made available to Advertisers by Amazon for use in connection with Advertiser Audiences.

(j) “Amazon Site” or “Amazon Sites” means websites, apps, and other services on which Amazon may serve or measure advertisements in connection with an applicable Order.

(k) “Applicable Law” means all laws, rules, and regulations applicable to a Party’s performance of its obligations hereunder (including, if and to the extent applicable, each of the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) and Directive 2009/136/EC of 25 November 2009, and each successor or implementation regulation, directive or other text of either of the foregoing, the California Consumer Privacy Act of 2018, as amended, including by the California Privacy Rights Act of 2020, and the rules and regulations promulgated thereunder (“CCPA”),the Colorado Privacy Act and any rules and regulations promulgated thereunder (“CPA”), the Connecticut Data Privacy Act and any rules and regulations promulgated thereunder (“CTDPA”), the Utah Consumer Protection Act ("UCPA"), the Virginia Consumer Data Protection Act ("VCDPA"), as amended, and any rules and regulations promulgated thereunder (the CCPA, CPA, CTDPA, UCPA, and VCDPA collectively, the “U.S. State Privacy Laws”), Japan’s Act on the Protection of Personal Information (“APPI”) including its definition of “Personal Information”, Australia’s Privacy Act 1988 (Cth) (“Privacy Act"), the Brazilian General Data Protection Law of 2018 (“LGPD”) and each successor or implementation regulation, directive or other text of either of the foregoing, the Mexican Federal Law for Data Protection held by Private Individuals (“Mexican DP Law”), the Turkish Data Protection Law No. 6698 (“TR DPL”), and the self-regulatory guidelines published by the Digital Advertising Alliance, the European Interactive Digital Advertising Alliance, the Network Advertising Initiative, the Brazilian Self-Regulatory Advertising Council (Conselho Nacional de Autorregulamentação Publicitária – CONAR), and the Brazilian Standard Rules Executive Council (Conselho Executivo das Normas-Padrão – CENP)). Any reference to the applicable law of the European Economic Area, including the GDPR, that is directly applicable or directly effective in the United Kingdom at any time is a reference to such law as it applies in England and Wales from time to time including as retained, amended, extended, re-enacted or otherwise given effect on or after 11pm on the 31 of January 2020.

(l) “Children” has the meaning given to it under the Applicable Laws (e.g. persons under the age of 13 under the Children’s Online Privacy Protection Act of 1998, persons under the age of 16 under GDPR or CCPA, or persons under the age of 12 under LGPD and the Brazilian Children and Adolescent Statute – Law No. 8.069/1990 (“ECA”)).

(m) “Hashed Data” means data, which you provide to Amazon for the purpose of matching to Amazon IDs, that is based upon information obtained by Advertiser such as email address or such other information as Amazon may permit, relating to an individual with some manner of relationship to or prior interaction with Advertiser. Prior to transmission to Amazon, the Hashed Data must be hashed via a one-way hash, or otherwise obfuscated in a manner permitted by Amazon (e.g., consist of mobile ad identifiers).

(n) “Order” means the agreement, including any order details provided by Advertiser or its Representative through an Amazon self-service website, e.g., the Amazon DSP, and any contract and any insertion order, between Amazon and Advertiser or Advertiser’s Representative applicable to an advertising campaign for Advertiser that contemplates Advertiser Audience Activation or use of Advertiser Audiences.

(o) “Personal Data” has the meaning given to it under: (i) CCPA for the term “personal information” or CPA, CTDPA, UCPA, or VCDPA for the term “personal data”, when and as those laws are applicable; (ii) GDPR, when used in connection with users in the European Economic Area and the UK; (iii) the Privacy Act for the term “personal information”, when used in connection with users in Australia; (iv) LGPD, when used in connection with users or data processing carried out in Brazil; (v) Turkish Data Protection Law No. 6098, when used in connection with users in Turkey; and (vi) the Mexican DP Law, when used in connection with users in Mexico.

(p) “Prohibited Data” means (i) data relating to, or collected from services directed to, Children; and (ii) data relating to sensitive information, as defined by Applicable Law, including but not limited to health-related conditions (including interest in or usage of drugs or pharmaceutical products), sexually explicit content, sexual orientation, illegal activities or interests, race or ethnicity, religious affiliation or views, political affiliation or political views, trade-union membership, financial distress (e.g., bankruptcy or credit problems), individuals under 18 years of age, citizenship or immigration status, social security number, driver license or other state identification card number, passport number, account login information, precise geolocation, genetic or biometric data, or any other category which Amazon identifies to you.

(q) “Representative” means an entity acting on behalf of Advertiser.

(r) “Segment Identifier” means an alpha-numeric identifier provided under this Agreement by Customer to Amazon that represents an Advertiser Audience Segment to be created.

(s) “Third Party” means an entity or person that is not a party to this Agreement or an applicable Order; for purposes of clarity, Amazon, Advertiser, and any Affiliates or Representatives of the foregoing are not Third Parties.

(t) “U.S. Customer Personal Data” means Personal Data provided (or caused to be provided) by Customer to Amazon pursuant to this Agreement. For the avoidance of doubt, U.S. Customer Personal Data excludes Amazon Data (as defined in the U.S. State Privacy Laws Addendum).