XYZ Company is a intended third-party beneficiary of this agreement. However, in the Try Value-Commutation contract, Endurance was not specifically identified anywhere. Although this contract referred to « advertisers, » there was no indication that Endurance was such an advertiser. Accordingly, the Court of Appeal found no basis for concluding that Endurance was one of the third parties to the « Try Switch ValueClick » contract and set aside the Supreme Court`s decision to terminate. (Since then, Endurance has requested a new appeal trial of the Massachusetts Supreme Court, but the SJC has yet to decide whether to consider the matter.) Customer confidential information is sometimes defined in outsourcing agreements, in the following lines: (ii) for audits, audits, investigations or litigation as part of the outsourcing agreement; These provisions may provide the client or service provider with some comfort in disclosing their confidential information to third parties. This stems from the expectation that the other party to the outsourcing agreement will be diligent in selecting and monitoring the agencies to which confidential information is disclosed, since the other party is responsible for the infringements. While the Supreme Court agreed with Endurance and dismissed the case, the Court of Appeal set aside. First, the Court of Appeal recognized that while no case in Massachusetts deals with the possibility of a non-contract applying a contractual selection clause for forums, other jurisdictions generally allow it to genuine third-party beneficiaries. The Court of Appeal added that some of these cases should be covered by explicit provisions of the outsourcing agreement, for example.B. Outsourcing agreements normally provide that the disclosure of confidential information to the extent prescribed by current legislation does not constitute a breach of a party`s confidentiality obligations. Other circumstances, such as disclosure as part of a party`s internal authorization procedures, may be taken into account in agreements of « respect for the rights or obligations of the receiving party » (as long as the evaluators or recipients enter the authorized class of persons to whom the information may be disclosed as part of the agreement).