Merchant outlet shall indemnify and hold harmless Shout services, its partners, employees, agents, affiliates and assignees, or any of them, from and against:
- Any and all losses, damages, liabilities, expenses (including reasonable attorney’s fees) costs, claims, suits, demands, actions, causes of action, proceedings, judgments, assessments, deficiencies and charges resulting from third party claims occasioned by, arising out of or resulting from any material misrepresentations of any of the terms of this Agreement by Merchant Outlet to the customers; and
- All costs resulting from, caused by, relating to or arising out of performances by Merchant Outlet of its obligations hereunder, and negligent acts or omissions or willful misconduct by Merchant Outlet in connection with the conduct of (Merchant Outlet) performance of its obligations hereunder, including any assertions regarding unfair competition or violations of laws, rules or regulations by the customers.
- Any criminal/unlawful act(s) committed by the customer with regard to the merchant outlet/any of its agents, staff/any customers present and vice-versa, shall not hold Sloshout or any of its partners and authorized agents liable as co-conspirators/abettors in said act(s). Any and all consequences of an act committed in furtherance of the booking done through Sloshout would be borne either by the customer or the merchant outlet; and Sloshout would not be liable for the same in any capacity.