Additional Terms for the LinkedIn Marketing API Program

<<THE LINKEDIN MARKETING API PROGRAM IS A VETTED API PROGRAM AND YOU HAVE NO RIGHT TO USE ANY API OR DATA MADE AVAILABLE AS PART OF THIS PROGRAM UNLESS APPROVED BY LINKEDIN>>  

As a developer using the LinkedIn Marketing APIs, you’ll be able to build applications that integrate with LinkedIn’s advertising and community management services and enable your customers to reach the right audiences with the power of LinkedIn’s professional network. When you develop using the LinkedIn Marketing API technology, you agree to be bound by the following terms, so please take a few minutes to review them. 

Last revised on May 17, 2024. 

1.1 About these Additional LinkedIn Marketing API Program Terms 

By using the APIs, software, documentation, tools, and data that LinkedIn makes available to you as part of the LinkedIn Marketing API Program ("LMA Program”), you are agreeing to be bound by these Additional Terms for the LinkedIn Marketing API Program (“LMA Terms”) that are incorporated into the LinkedIn API Terms of Use (“API Terms of Use”) as “Additional Terms” (collectively, these “Terms”). All capitalized terms not defined herein will have the meaning given to them under the API Terms of Use. Any summaries of these LMA Terms included in the highlighted boxes reference only some of the key provisions of these LMA Terms and are not a substitute for them. As used in these LMA Terms, “Marketing APIs” means APIs, software, documentation, tools, and other functionality that LinkedIn makes available as part of the LMA Program.  

1.2 Description of the Marketing APIs 

As part of the LMA Program, LinkedIn is granting approved developers the ability to integrate the Marketing APIs into their marketing, audience, data, or analytics applications or APIs (each, a “Marketing Application”) in order to: (a) make various LinkedIn marketing services (“Marketing Services”) available via their Marketing Applications to clients that have entered into contracts with the relevant developer for the provision of such Marketing Services (each, a “Client”); and (b) obtain data from Marketing APIs relating to such Marketing Services (“Marketing Data”) for the purpose of making it available to their Clients. The Marketing APIs (and Marketing Services) currently available under the LMA Program (as further described below) are: (i) for Advertising: Campaign Management, Reporting, Audiences, Lead Sync, Conversions, Audience Insights, Media Planning, and Company Engagement Report; and (ii) for Community Management: Page Management, Member Profile Management, Social Data and Insights, and Page Messaging.   

1.3 Relationship to the LinkedIn API Terms of Use 

To the extent there is a conflict between these LMA Terms and the API Terms of Use, these LMA Terms will control. For the LMA Program, any reference in the API Terms of Use to: (a) “Content” (or Content made available from or through the APIs) will apply to Marketing Data; (b) “Application” will apply to each Marketing Application; (c) “Terms” will apply to the API Terms of Use with these LMA Terms incorporated therein; and (d) “API” will apply to each Marketing API. 

1.4 Relationship to the LinkedIn Marketing Developer Program Terms

These LMA Terms replace the Additional Terms Specific to the LinkedIn Marketing Developer Program (“MDP Terms”). If you have entered into a separate executed agreement with LinkedIn that references the MDP Terms, any such reference will now refer to these LMA Terms, and any reference to: (a) any defined term in the MDP Terms that doesn’t appear in these LMA Terms (e.g. MDP Data, MDP Application, MDP API) will now refer to the analogous term in these LMA Terms (e.g. Marketing Data, Marketing Application, and Marketing API respectively); or (b) any section in the MDP Terms will now refer to the analogous section in these LMA Terms (which may have been relocated or renumbered).

1.5 Account Managers and Authorized Clients

The Marketing APIs allow your Clients to manage accounts on certain LinkedIn Services (“LinkedIn Accounts”), such as advertising accounts, page accounts, or Member profiles, via your Marketing Application.  

a. Overview of LinkedIn Advertising, Page, and Profile Accounts. A LinkedIn advertising account allows organizations to advertise to Members across LinkedIn’s advertising network. A LinkedIn page account allows organizations to educate and engage with Members through their LinkedIn page (“Page”), which includes a high-level summary of the subject organization and posts by Page administrators. A LinkedIn profile account allows Members to create a profile on the LinkedIn Services (“Member Profile”) with personal and professional details for the purposes of managing their personal brand, networking, and creating and engaging with content on the LinkedIn Services. 

b. Account Manager. An “Account Manager” is any individual or entity that controls a LinkedIn Account, including Marketing Data relating to any such LinkedIn Account.  

c. Authorized Client. An “Authorized Client” is any Client that is an Account Manager or that is authorized by an Account Manager to access the Account Manager’s LinkedIn Account (or Marketing Data relating to any such account). An example of an Authorized Client is an external advertising or social media management agency that the Account Manager hires. For clarity, if these LMA Terms indicate that any Marketing Service or Marketing Data must only be made available to Authorized Clients, the reference is to the specific Authorized Client(s) permitted to access the Marketing Service or Marketing Data by the relevant Account Manager.  

1.6 Descriptions of Marketing APIs and Marketing Services 

Advertising APIs & Services 

a. Campaign Management. Using the Campaign Management APIs, Marketing Applications can manage LinkedIn advertising accounts and campaigns on behalf of Authorized Clients. The Campaign Management APIs also allow Marketing Applications to access certain data relating to LinkedIn advertising accounts and campaigns (collectively, “Ad Analytics Data”) on behalf of Authorized Clients (including administrator, targeting, forecasting, and reporting data). 

b. Reporting. Using the Reporting APIs, Marketing Applications can access certain Ad Analytics Data for LinkedIn advertising accounts and certain Page Analytics Data (as defined below) for Page accounts, in each case on behalf of Authorized Clients. 

c. Audiences. Using the Audiences APIs, Marketing Applications can enable Authorized Clients to target advertising to audiences on LinkedIn’s advertising network based on the transfer of Authorized Clients’ audience data (“Audiences Data”) to LinkedIn via the Audiences APIs. 

d. Lead Sync. Using the Lead Sync APIs, Marketing Applications can access, on behalf of Authorized Clients, Member Profile data and other information provided by Members via lead generation forms (“Lead Form Response Data”) in connection with advertisements, events, pages, and other content on the LinkedIn Services.  

e. Conversions. Using the Conversions APIs, Marketing Applications can, on behalf of Authorized Clients, attribute conversions to advertising campaigns on LinkedIn based on the transfer of Authorized Clients’ conversions data (“Conversions Data”) to LinkedIn via the Conversions APIs. 

f. Audience Insights. Using the Audience Insights APIs, Marketing Applications can provide Authorized Clients with insights (such as demographic and firmographic insights) about their audiences. Such insights shall be considered Ad Analytics Data in these Terms. 

g. Media Planning. Using the Media Planning API, Marketing Applications can provide Authorized Clients with strategic advertising campaign insights (such as forecasts) to support their campaign planning on LinkedIn. Such insights shall be considered Ad Analytics Data in these Terms. 

h. Company Engagement Report. Using the Company Engagement Report API, Marketing Applications can provide Authorized Clients with insights into their target accounts’ engagement with their sponsored and organic content on LinkedIn. Such insights shall be considered Ad Analytics Data in these Terms.

Community Management APIs & Services 

a. Page Management. Using the Page Management APIs, Marketing Applications can manage Pages on behalf of Authorized Clients. The Page Management APIs also allow Marketing Applications to access data relating to Pages (“Page Analytics Data”) on behalf of Authorized Clients (including administrator data, engagement on Page posts, and Page follower statistics). 

b. Member Profile Management. Using the Member Profile Management APIs, Marketing Applications can manage Member Profiles on behalf of Authorized Clients. The Member Profile Management APIs also allow Marketing Applications to access data relating to Member Profiles (“Member Analytics Data”) on behalf of Authorized Clients (including engagement on Member posts).

c. Social Data and Insights. Using the Social Data and Insights API, Marketing Applications can enable Authorized Clients to monitor posts and other content on LinkedIn that is relevant to their brands. Data available via the Social Data and Insights API shall be considered Page Analytics Data in these Terms.

d. Page Messaging. Using the Page Messaging API, Marketing Applications can manage Page messaging on behalf of Authorized Clients. The Page Messaging API allows Marketing Applications to access Page messaging data and Member Profile data associated with the authors of the messages (collectively, “Page Messaging Data”). 

1.7 Creation of a LinkedIn Account 

You acknowledge and agree that any Client that creates or claims a LinkedIn advertising or Page account must consent to: (a) the LinkedIn Ads Agreement (“Ads Agreement”), currently located here, for LinkedIn advertising accounts and/or (b) the LinkedIn Pages Terms (“Pages Agreement”), currently located here, for Page accounts. 

If your Marketing Application enables a Client to create or claim a LinkedIn advertising or Page account, you represent and warrant that: (i) you have the authority to bind (and hereby bind) the relevant Client to the Ads Agreement and/or Pages Agreement, as applicable; or (ii) you will require your Client to agree, by written contract (including click-through terms), to the Ads Agreement and/or Pages Agreement, as applicable. You must not combine multiple unaffiliated Clients in the same LinkedIn advertising or Page account. 

1.8 Use of Marketing APIs for Internal Purposes  

If you’re using any Marketing API in connection with any LinkedIn Account for which you are the Account Manager, in connection with such use: (a) any reference to an Account Manager, Authorized Client, or Client in these LMA Terms refers to you; and (b) you hereby agree to the Ads Agreement in connection with your use of any LinkedIn advertising accounts and the Pages Agreement in connection with your use of any Page accounts. 

2.1 Requesting Access to the Marketing APIs 

Your Marketing Application and your integration of any Marketing API, Marketing Data, and/or Marketing Service into your Marketing Application (collectively, your “Marketing API Integration”) must be approved by LinkedIn. LinkedIn’s approval will be subject to you successfully completing its developer and application vetting (including a review of your privacy and security practices). You must ensure that all information you provide to LinkedIn in connection with such vetting processes is accurate and complete. In particular, you are not authorized to use any Marketing API (or Marketing Data) for any use case other than the one(s) you specify in connection with your request for access (including via an access request form) to the relevant Marketing API. While LinkedIn will make reasonable efforts to respond to access requests, LinkedIn is not committing to any timeframe for such response. 

2.2 Changes to your Marketing API Integration 

If you change your Marketing API Integration, you must notify LinkedIn of any change that results in: (a) any information you provided to LinkedIn as part of the developer and application vetting processes becoming inaccurate or incomplete; or (b) differences in how you use, store, delete, distribute, or otherwise make available Marketing Data.

2.3 Monitoring your Marketing API Integration 

Even if LinkedIn approves your Marketing API Integration (including during the vetting processes), you are responsible for ensuring that your Marketing API Integration (including all use, disclosure, and storage of Marketing Data) is, at all times, in compliance with: (a) these Terms (including the Developer Documentation); and (b) all other requirements or restrictions that LinkedIn separately communicates to you (e.g. during or after the relevant vetting processes). LinkedIn retains all of its rights under these Terms (including its right to suspend or discontinue your access to the Marketing APIs and/or Marketing Data for non-compliance with these Terms). 

LinkedIn (and/or its third-party service providers) reserves the right to monitor and audit all Marketing API Integrations at any time, in LinkedIn’s discretion, including to confirm your compliance with these Terms. You will: (i) cooperate with any such review, including reasonable requests by LinkedIn for access to your Marketing Application and access (including physical access) to other materials, information, records, or Systems relating to such review; and (ii) accommodate modifications to your Marketing API Integrations required by LinkedIn as a result of its review.

3.1 Specific Data Restrictions 

Without limiting the generality of any other restrictions in these Terms, you must comply with the following data requirements and restrictions to the extent that you receive access to the indicated type of Marketing Data or Marketing API:    

a. Analytics Data. You may only use, distribute, or otherwise make available Analytics Data to provide reporting and billing to Authorized Clients. Such reporting shall relate to the performance, effectiveness, and optimization of the relevant LinkedIn advertising, Page, or Member Profile accounts. “Analytics Data” means Ad Analytics Data, Page Analytics Data, or Member Analytics Data (along with your analysis, insights, and derivatives thereof).  

You may aggregate Analytics Data from LinkedIn advertising, Page, or Member Profile accounts controlled by different Account Managers (“Aggregated Marketing Data”); provided that: (i) you maintain the specific, segregated data regarding each Account Manager’s LinkedIn Accounts as confidential and you do not disclose it to any third party (other than Authorized Clients); (ii) such Aggregated Marketing Data does not include any Member Data (as defined below); (iii) such Aggregated Marketing Data would not allow any third party to identify or infer any Account Manager or any user of any LinkedIn Service (or data specific to any Account Manager or user of any LinkedIn Service); (iv) you use and disclose such Aggregated Marketing Data only for the purpose of providing reporting to your Clients relating to optimization of marketer results from LinkedIn advertising, Page, or Member Profile accounts; and (v) any such use or disclosure is agreed to by the Account Manager that controls the relevant LinkedIn Accounts. 

If Analytics Data includes any of the data types described in Sections 3.1(d) (“Organization Profile Data and Standardized Data”) or 3.1(e) (“Member Data”), any such data is subject to the restrictions included in those sections, notwithstanding anything to the contrary in this Section 3.1(a).  

b. Data Transferred to LinkedIn. You represent and warrant that you have all necessary rights and a legal basis under all applicable privacy and data protection laws and regulations for the transfer of any data to LinkedIn (including Audiences Data and Conversions Data) in connection with your Marketing API Integration. 

c. Lead Form Response Data. You may only use and disclose Lead Form Response Data on behalf of the Authorized Client. You must not: (i) create a database of Lead Form Response Data collected from multiple unaffiliated LinkedIn Accounts; or (ii) commingle Lead Form Response Data with any other data for the purpose of supplementing, verifying, or appending to user profiles (or portions thereof), other than to the extent permitted by the Ads Agreement. If Lead Form Response Data includes any Member Data, any such Member Data is subject to the restrictions included in Section 3.1(e) (“Member Data”), notwithstanding anything to the contrary in this Section 3.1(c). 

d. Organization Profile Data and Standardized Data. If you receive access to any organization profile data from a Page (“Organization Profile Data”), including logo, location, industry, or size of the subject organization, or any LinkedIn standardized data (“Standardized Data”), including standardized locations, industries, degrees, job functions, and other fields as specified in the Developer Documentation, you may only use and display such data via your Marketing Application to support the relevant Marketing Services for which the data was made available to you. You must not: (i) export, transfer, or distribute any Organization Profile Data or Standardized Data to any third party (other than as necessary to transfer reporting data from LinkedIn Accounts to Authorized Clients); (ii) create any derivative of Organization Profile Data or Standardized Data (e.g. by modifying such data or by combining it with other data); (iii) misrepresent the origin of any Organization Profile Data or Standardized Data; or (iv) use any Organization Profile Data or Standardized Data for the purpose of building any product or service unrelated to your Marketing API Integration. In addition, if you have access to any Microsoft Bing Maps location data, you hereby also agree: (1) to Microsoft Bing Maps and MapPoint Web Service End User Terms of Use and Embedded Maps Service Terms of Use and the Microsoft Privacy Statement (collectively, the “Microsoft Terms”) in connection with your use of such data; and (2) that the Microsoft Terms shall govern in the event of a conflict with these Terms.  

e. Member Data. If you receive access to Marketing Data that is Personal Information (as defined in the LinkedIn Data Processing Agreement for Business Development Agreements) and/or that relates to any individual user’s activities on any LinkedIn Service (collectively, “Member Data”), you may only display the Member Data via your Marketing Application to support the Marketing Services for which the Member Data was made available to you. The relevant Marketing Services are: (i) to enable an Authorized Client to create accounts or profiles on your Marketing Application using their own Member Data; (ii) to enable an Authorized Client’s Page or Member Profile to engage with Members on the LinkedIn Services; (iii) to provide reporting to an Authorized Client regarding the performance, effectiveness, and optimization of the LinkedIn Accounts that the Authorized Client has access to; (iv) in the case of Lead Form Response Data, to allow an Authorized Client to use the Lead Form Response Data to the extent permitted by the Ads Agreement; or (v) in the case of Page Messaging Data, to allow an Authorized Client to use the Page Messaging Data to the extent permitted by the Pages Agreement. You must not however: (1) export, transfer, or distribute any Member Data (other than Lead Form Response Data or Page Messaging Data to Authorized Clients or their service providers) to any third party, including to any Authorized Client; (2) create a database of Member Data collected from multiple unaffiliated LinkedIn Accounts; (3) commingle or combine any Member Data (other than in connection with Subsection (i) or other than Lead Form Response Data or Page Messaging Data to the extent permitted by the Ads Agreement or the Pages Agreement, respectively) with any other Personal Information, including for the purpose of supplementing, verifying, or appending to user profiles, leads, or portions thereof; (4) commercialize or sell any Member Data or make any Member Data available to any data broker, information reseller, information broker, data monetization service, or similar service; (5) use Member Data (other than Lead Form Response Data or Page Messaging Data to the extent permitted by the Ads Agreement or the Pages Agreement, respectively) for advertising, sales, or recruiting use cases (including to identify sales or marketing prospects or prospective talent for hire, for lead creation, to enhance customer data in a CRM or marketing automation platform, to build an audience list, or for ad targeting purposes); (6) use Member Data to derive sensitive information on the relevant Member (including racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, mental or physical health conditions, citizenship or immigration status, or sexual orientation); or (7) use Member Data that is provided for the purpose of identifying and mentioning a Page’s followers or Member’s connections in the Page’s or Member’s posts for any other purpose. For clarity, Member Data includes: (x) LinkedIn profile data of Members who create (or interact with) posts or Pages on the LinkedIn Service and the content or information provided by the Member (e.g. a Member’s post, comment, reaction, or message); (y) Member identifiers (including person URNs/uniform resource names that are unique to your Marketing Application); and (z) Lead Form Response Data. 

3.2 Additional API and Data Restrictions  

You agree not to do the following:   

a. Make the Marketing APIs, Marketing API Integrations, or Marketing Data available to any third party other than your Clients;  

b. Make any Marketing Application or Marketing Data available to any developer to integrate into a product, service, or application that the developer makes available to unaffiliated customers (as opposed to internal users affiliated with the developer’s organization);   

c. Transfer to any Client more Marketing Data than it needs to optimize marketer results from LinkedIn advertising, Page, or Member Profile accounts;    

d. Integrate any LinkedIn API, other than the Marketing APIs, into your Marketing Application (for clarity, you may integrate the LinkedIn Self-Serve APIs into your Marketing Application in accordance with the API Terms of Use); 

e. Offer Authorized Clients standard targeting segments or categories that differ from targeting offered by LinkedIn Campaign Manager; 

f. Access, collect, use, store, transfer, process, or make available Marketing Data, Audiences Data, or Conversions Data in any manner unless: (i) you have obtained the relevant rights from your Clients; and (ii) you are operating in accordance with the directions you have received from your Clients and your agreements with your Clients; 

g. Disclose the identity of Account Managers without their prior written consent; 

h. Collect Marketing Data after the Authorized Client ceases to receive services from you relating to such Marketing Data or requests that you no longer access such Marketing Data;  

i. Allow any of your affiliates to access Marketing Data in any manner other than via your Marketing Application as a Client in accordance with these Terms;  

j. Make any statement, representation, or warranty to any third party, either directly or indirectly: (i) indicating that you have any authority to act for or on behalf of LinkedIn or to obligate or bind LinkedIn in any way; (ii) that relates to LinkedIn, its Services, the LMA Program, Marketing APIs, or the Marketing Data and that is inaccurate, fraudulent, or misleading; or (iii) suggesting that you are LinkedIn’s strategic, certified, or preferred partner (other than as expressly permitted in writing by LinkedIn); or 

k. Use the Marketing APIs in conjunction with LinkedIn Accounts for which you are the Account Manager to provide services (on a resale basis or otherwise) to your Clients.

3.3 Suspension of Client Access 

You will, at LinkedIn’s request (email acceptable), suspend or terminate any Client’s access to or use of your Marketing API Integration or any or all Marketing Data (including Stored Marketing Data, as defined below) if: (a) LinkedIn suspends or terminates the Client’s (or the relevant Account Manager’s) access pursuant to their agreements with LinkedIn; or (b) LinkedIn, in its sole discretion, determines that providing the Client access to Marketing Services or Marketing Data is not in LinkedIn’s or its Members’ best interests.  

In addition, you will notify LinkedIn, and, at LinkedIn’s request (email acceptable), suspend or terminate any Client’s access to all Marketing Data, if you become aware that the Client is using the Marketing Data in an illegal manner or in violation of the restrictions included in these Terms.  

4.1 Right to Store Marketing Data  

You must not store or cache any Marketing Data, except: (a) to the extent expressly permitted by the Developer Documentation (including the Data Storage Requirements); and (b) Aggregated Marketing Data. Any data that may be stored pursuant to this Section 4.1 is “Stored Marketing Data”. You will take appropriate measures given the nature of the Stored Marketing Data to ensure that it is kept up to date (including ingestion of all compliance events). Any Stored Marketing Data remains subject to these Terms. 

4.2 Deletion of Stored Marketing Data  

You will permanently delete (in ten (10) days or less) any Stored Marketing Data that was stored on behalf of a Client: (a) if the Client ceases to receive services from you relating to such Stored Marketing Data and the Stored Marketing Data is no longer necessary to fulfill the Client’s business need or data retention obligations; or (b) upon the Client’s (or Account Manager’s) request. In addition, you will permanently delete: (i) any or all Stored Marketing Data in accordance with LinkedIn’s request (email acceptable); and/or (ii) all Stored Marketing Data that is Member Data (except for Lead Form Response Data and Page Messaging Data) immediately upon termination of these LMA Terms. LinkedIn may require you to certify that you have complied with the deletion requirements applicable to the Stored Marketing Data.     

5.1 Reporting, Training, and Fees 

If your Marketing Application allows your Clients to access aggregate data (for example, metrics relating to targeting, accounts, campaigns, and creatives) across various digital channels on and off of LinkedIn, your Marketing Application must allow your Clients to separately view Marketing Data. You will use commercially reasonable efforts to train your sales and campaign management teams on Marketing Services. You will ensure that any markup fees you apply to the Marketing Services or reporting on Marketing Data are not attributed to costs charged by LinkedIn or combined with LinkedIn advertising costs (for example, CPM) in such a way that your users cannot distinguish LinkedIn costs from your markup fees. You will not charge your Clients any fees for creating LinkedIn Accounts.

5.2 Security 

You will maintain physical, technical, and administrative safeguards that are designed to keep all Marketing Data secure and that meet or exceed industry standards for this type of data. Any request to access Marketing Data on behalf of an Authorized Client must comply with all LinkedIn technical and security requirements, and LinkedIn reserves the right to deny such access in its sole discretion.

6.1 Duration of LMA Terms 

These LMA Terms will commence on the date you agree to them or the date you start using any Marketing API (whichever occurs first) and continue until: (a) you discontinue use of all Marketing APIs; (b) the API Terms of Use terminate; or (c) these LMA Terms are terminated pursuant to Section 6.2 (“Termination for Convenience”). For clarity, any termination of these LMA Terms will not automatically terminate the API Terms of Use but any termination of the API Terms of Use will automatically terminate these LMA Terms.  Neither party will be liable for any costs, expenses, or damages solely as a result of termination of these LMA Terms. 

6.2 Termination for Convenience 

Either party may terminate these LMA Terms for convenience for any reason at any time upon thirty (30) days’ prior written notice to the other party. 

6.3 Survival 

Upon termination of these LMA Terms, all rights granted under these LMA Terms will immediately terminate. The following sections will survive termination of these LMA Terms: all definitions, Sections 1.3 (“Relationship to the LinkedIn API Terms of Use”), 1.4 (“Relationship to the LinkedIn Marketing Developer Program Terms”), 3 (“Use of Marketing APIs and Marketing Data”), 4 (“Storage of Marketing Data”), 5.2 (“Security”), 6.3 (“Survival”), 7 (“Confidentiality”), 8 (“Indemnification”), and 9 (“Miscellaneous”). Upon request, each party will promptly destroy all Confidential Information (as defined below) of the other party in its possession, custody, or control provided that Confidential Information contained in backup media can remain in such backup media for up to thirty (30) days or until it is deleted as part of the relevant party’s standard deletion processes, whichever occurs first. Notwithstanding the preceding requirement: (a) each party may retain a copy of the other party’s Confidential Information as reasonably required for legal and auditing purposes and (b) you may retain Lead Form Response Data and Page Messaging Data on behalf of your Authorized Clients subject to the requirements specified in these Terms.  LinkedIn may request that you certify in writing your compliance with this Section.

7.1 Confidential Information 

If either party (“Receiving Party”) under these LMA Terms gains access to Confidential Information of the other party (“Disclosing Party”), then the terms of this Section will apply. “Confidential Information” means all information disclosed under these LMA Terms that is marked or designated as confidential by the Disclosing Party or that due to the nature of the information should reasonably be known to be confidential by the Receiving Party. Each party agrees that it will not: (a) use any of the other party’s Confidential Information in any way for its own benefit or the benefit of any third party, except as expressly permitted by, or as required to implement, these LMA Terms; or (b) disclose the other party’s Confidential Information to any third party except as expressly permitted by these LMA Terms or to independent contractors who: (i) have a need to know it in order for the Receiving Party to perform its obligations or exercise its rights under these LMA Terms; and (ii) are under written confidentiality and non-use obligations at least as restrictive as those set forth in these LMA Terms and which can extend to the Confidential Information. Each party will take reasonable precautions to protect the confidentiality of the other party’s Confidential Information that are at least as stringent as it takes to protect its own Confidential Information. Information will not be deemed Confidential Information under these LMA Terms if: (1) it was publicly available or was known to the Receiving Party prior to its receipt from the Disclosing Party from a source other than one having an obligation of confidentiality to the Disclosing Party; (2) it has become publicly known, except through a breach of these LMA Terms by the Receiving Party; (3) it was rightfully communicated to the Receiving Party free of any obligation of confidence to the Disclosing Party subsequent to the time it was communicated by the Disclosing Party; or (4) it has been entirely independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. For clarity, the fact that Marketing Data is available through LinkedIn Services shall not constitute “publicly available” or “publicly known” under Subsection (1) or Subsection (2). Notwithstanding the above, the Receiving Party may disclose the Disclosing Party’s Confidential Information, without violating these LMA Terms, to the extent such disclosure is required by a valid order of a court or other governmental body having jurisdiction, provided that the Receiving Party gives the Disclosing Party reasonable prior written notice of such disclosure and makes a reasonable effort to obtain, or to assist the Disclosing Party in obtaining, a protective order preventing or limiting the disclosure and/or requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.

7.2  Residuals 

The employees of the Receiving Party who have received or have been exposed to the Disclosing Party’s Confidential Information may further develop their general knowledge, skills, and experience (including general ideas, concepts, know-how, and techniques), which may be based on such Confidential Information. The restrictions in Section 7.1 (“Confidential Information”) will not apply to the subsequent use, and disclosures incidental to such use, by such employees of such general knowledge, skills, and experience, as unintentionally retained in their unaided memories. The receipt of or exposure to a party’s Confidential Information under these LMA Terms will not in any way limit or restrict the work assignments of any of the Receiving Party’s employees or contractors.

8.1 Your Indemnification Obligations 

You will defend, hold harmless, and indemnify LinkedIn and the LinkedIn Affiliates (and our and their respective employees, shareholders, and directors)  from any claim or action brought by a third party, including all damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, to the extent resulting from, alleged to have resulted from, or relating to your interactions with your Clients or with Account Managers or interactions between your Clients and Account Managers (including any claim that any contract between any of the preceding parties has been breached).

9.1 Communications 

You agree to receive communications from LinkedIn relating to the LMA Program via e-mail, regular mail, and/or postings on the Developer Site, including communications regarding your access to the LMA Program, the Marketing APIs, and your Marketing Application. If you share any third party’s contact information with LinkedIn in connection with the LMA Program, you agree that you have the right to authorize LinkedIn (and hereby authorize LinkedIn) to use that information to contact the third party regarding the LMA Program.  

9.2 General Terms 

These Terms (including the Developer Documentation) supersede any and all prior agreements (including any LinkedIn Ads API License Agreement or any click-through terms for the Marketing Analytics APIs), proposals (oral and written), understandings, representations, conditions, warranties, covenants, and other communications between the parties which relate to the subject matter of these Terms. Where written approval is required under these Terms, such approval must be by a duly authorized representative of the consenting party.