From this Maintenance Agreement:

Customer represents to Slamdot and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Slamdot are owned by Customer, or that Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Slamdot and its subcontractors from any claim or suit arising from the use of such elements furnished by Customer.

What's the difference between defend and protect as the relate to litigation? Can someone provide a simple example with a shorter contract?

I've also seen "save" thrown into the mix.


1 Answer 1


In the context of that clause. I believe protect and defend means the same thing. The clause just uses both words to increase clarity of the meaning conveyed.

  • 1
    I agree. As used it seems to me that defend is a legal term of art, as in plaintiff vs defendant. Protect could apply to extra-judicial activity that might not be technically legal defense.
    – jqning
    Jun 27, 2017 at 23:31

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