WEBMASTER TERMS AND CONDITIONS
Your application as a webmaster with AdultLounge.com ("the
Company") is subject to the Terms and Conditions. AdultLounge.com is owned and
operated by
1. You must be over the age 18.
2. The Company has full discretion in accepting your application and any may deny
your application for any reason. The Company will not accept application from
areas where fraudulent action has been significant including but not limited to
South America, Russia, Turkey, Iran, Iraq, Lebanon, Romania, Indonesia, Bulgaria,
Belarus, UAE, Jordan, Israel, Ukraine, Philippines, Pakistan and Yugoslavia.
3. If you are assigned a pass word or use's name, you agree not to distribute
or share your password or user's name with any other person or entity. Webmaster
found violating this provision will have their password cancelled and all future
re-billings forfeited.
4. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT
THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
THE COMPANY IS NOT RESPONSIBLE FOR THE COSTS TO REPLACE ANY LOST MATERIAL.
5. The Company does not represent or endorse the accuracy or reliability of any
of the materials contained on, distributed through, or linked, downloaded or accessed
from any of the services contained on the website, nor the quality of any products,
information or other materials displayed purchases, or obtained by you as a result
of any advertisement or other information or offer on or in connection with the
website (the "Products"). You hereby acknowledge that any reliance you place upon
any Products shall be at your sole risk.
6. HOSTING OF YOUR WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
8. LIMITATION OF COMPANY'S LIABILITY. The aggregate
liability of the Company to you for all claims arising from the website and/or
the use of the Materials or Products shall not exceed $100.00.
9. TERMINATION. The company reserves the right,
at its sole discretion, to pursue all of its legal remedies, including but not
limited to and immediate termination of your privileges granted herein or deactivation
of your account and/or any other services provided to you by the Company, upon
any breach by you of these Terms and Conditions or if the Company is unable to
verify or authenticate any material you transmit on your website.
10. YOUR INDEMNITY. You agree to defend, indemnify,
and hold harmless the Company, its officers, directors, employees, agents, customers
and clients from and against any claims, actions or demand, including without
limitation reasonable attorney and accounting fees, resulting from or arising
out of any content or communications you post or transmit through your website,
your use of the website, the Materials or the Products, or your violation of the
terms of these Terms and Conditions. The Company shall provide notice to you promptly
of any such claim, action or demand and may, at the Company's sole discretion,
assist you, at your expense, in its defense or settlement. In no event shall you
settle any such claim, action or demand without the prior written approval of
the Company.
11. GENERAL. These Terms and Conditions are governed
by law of the State of California, without regard to its conflict of laws principles.
You hereby consent to the exclusive jurisdiction and venue of the state and federal
courts within Los Angeles, California for any claims arising out of or relating
to your use of the website, the Materials, the Products, and/or these Terms and
Conditions. If any provision of theses Terms and Conditions is found to be invalid
or unenforceable by any court having competent jurisdiction, then the invalid
or unenforceable provision will be deemed superseded by a valid and enforceable
provision that most closely matches the intent of the original, and the remainder
of the agreement shall remain in full force and effect. No waiver of any term
of these Terms and Conditions shall be deemed a further or continuing waiver of
such term or any other term. These Terms and Conditions constitute the entire
agreement between you and the Company with respect to the hosting of your website.
No changes to these Terms and Conditions shall be made except by a revised positing
on this page.
12. CHOICE OF LAW AND FORUM. This site (excluding
third party linked sites) is controlled by the Company from its offices within
the State of California, U.S. of America. It can be access from all 50 states
as well as from other countries around the world to the extent permitted by site.
As each of these places has laws that may differ from the State of California,
by accessing this site, both you and the Company agree that the statues and laws
of the State of California shall apply to any actions or claims arising out of
or in relation to this Agreement or your use of this site, without regard to conflicts
of laws principles thereof. You and the Company also agree and hereby submit to
the filing of any claim only in the exclusive personal jurisdiction and venue
of the State of California and any legal proceedings shall be conducted in English.
The Company makes no representation that materials on this site are appropriate
or available for use in other locations, and accessing them from territories where
their contents are illegal is prohibited. This Agreement shall not be governed
by the United Nations Convention on Contracts for the Sale of Goods.
CONTENT
1. Webmaster is responsible for all content located on this site. All content
must be legal and licensed to the webmaster. Child pornography sites, bestiality
sites, rape sites, celebrity sites and any other similar sites will not be allowed.
2. All Webmasters are required to comply with 18 U.S.C. 2257. Webmaster must ensure
that all models are 18 years of age or older.
3. The Company has a no spam policy. Unsolicited e-mails and spamming AOL chat
rooms are examples of prohibited conduct which will lead deactivation. Webmaster
must not cheat, defraud or mislead the public.
4. Webmasters acknowledge that violations of any of the rules stated herein with
regard to content are grounds for immediate deactivation of the webmaster's account.
In such event, all re-billings will be immediately forfeited.
5. Company is committed to complying with U.S. copyright law and expects all webmasters
to do the same. The Digital Millennium Copyright Act of 1998("DMCA") provides
recourse for owners of copyrighted material who believe that their rights under
U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright
owners may contact the authorized agent of an Internet Service Provider to report
alleged infringements of their protected works appearing on web pages hosted by
the service provider. Upon receipt of a properly filed complaint satisfying the
requirements of the DMCA, FAC will remove or block access to the allegedly infringing
material. If a webmaster believes in good faith that a notice of copyright infringement
has been wrongly filed, such person may submit a counter-notice to Company. Company
will not be a party to disputes over alleged copyright infringement.
6. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT.
If you believe that a web page hosted by Company is violating your rights under
U.S. copyright law, you may file a complaint of such claimed infringement with
Company's designated agent in the manner described below.
By Mail:
By e-mail: webmaster@adultlounge.com
7. For your complaint to be valid under the DMCA, you must provide the following
information when providing notice of the claimed copyright infringement:
A. A physical or electronic signature of a person authorized to act on behalf
of the copyright owner.
B. Identification of the copyrighted work claimed to have been infringed.
C. Identification of the material that is claimed to be infringing or to be the
subject of the infringing activity and that is to be removed or access to which
is to be disabled as well as information reasonably sufficient to permit Company
to locate the material .
D. Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and if available,
an electronic mail address.
E. A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright owner,
its agent, or law.
F. A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
For more details on the information required for valid notification, see 17 U.S.C.
512 (c) (3).
You should be aware that under the DCMA, claimants who make misrepresentations
concerning copyright infringement may be liable for damages incurred as a result
of the removal or blocking of the material, court costs, and attorneys fees.
8. COUNTER-NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a notice of copyright infringement has been filed against you, you may file
a counter- notification with Company's designated agent at the address listed
above. Such counter- notification must contain the following information:
A. A physical or electronic signature.
B. Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was removed
or access to it was disabled.
C. A statement under penalty of perjury that the Member has a good faith belief
that the material was removed or disabled as a result of mistake or misidentification.
D. Your name, address, and telephone number, and a statement that you consent
to the jurisdiction of the federal district court for the federal district in
which you are located, and that you will accept service of process from the complainant.
9. If Company receives a valid counter-notification, the DMCA provides that the
removed material will be restored, or access re-enabled. Please be advised that
U.S. copyright law provides substantial penalties for a false counter-notice filed
in response to a notice of copyright infringement.
COMMISSION
10. Webmaster commission will be determined in accordance with the
following schedule for each sign up or recurring membership that are tracked directly
to your site:
Per Sign Up
1) Trial (with Exits) - $30
2) Trial (no Exits) - $25
3) Trial Direct (with Exits) - $30
4) Trial Direct (no Exits) - $25
Per Active Member:
1) Trial (with Exits) - $15 + $25 = $40
2) Trial (no Exits) - $10 + $25 = $35
3) Trial Direct (with Exits) - $15 + $25 = $40
4) Trial Direct (no Exits) - $10 + $25 = $35
5) Straight Monthly (with Exits) - $40
6) Straight Monthly (no Exits) - $35
7) Straight Monthly Direct (with Exits) - $40
8) Straight Monthly Direct (no Exits) - $35
Partnership:
1) Trial (with Exits) - 60%
2) Trial (no Exits) – 50%
3) Trial Direct (with Exits) - 60%
4) Trial Direct (no Exits) - 50%
5) Straight Monthly (with Exits) - 60%
6) Straight Monthly (no Exits) - 50%
7) Straight Monthly Direct (with Exits) - 60%
8) Straight Monthly Direct (no Exits) - 50%
Cross Sales:
1) EZclicks – $15
2) 1 Click Mailers – $15
Award Points The Company also award qualified webmasters,
award points, as follows: For every paid first month referral a webmaster will
be awarded 20 points per account (only a one time points awards on first month
renewal only). Points have absolutely no cash value and are not assignable or
transferable under any circumstances. Points can be redeemed for gifts or prizes
as determined by The Company. Any webmaster that accumulates reward points shall
be entitled to receive products equalivent to as listed on rewards page or at
the discretion of The Company. For the Hummer H2 vehicle, Webmaster is solely
liable for any and all license fees, vehicle registration fees, vehicle taxes
and any local, state or federal income taxes due on this promotion. The Company
reserves the sole right to discontinue this program at any time.
The Commission Rate is subject to change from time to time, upon e-mail notice
to you. Note that a commission will only be paid if the visitor to our site
can be tracked by the system from the time of the Link to the time of the sale.
No commission will be paid if the visitors payment to our site cannot be tracked
directly to your site by our system or if full payment for services is not made
to us by the customer. No commission will be paid for signups by you or anyone
within your organization.
11. Commission checks will be mailed out every other week. We send
out checks on the 1st and the 15th of every month. For all new Affiliates there
is a one month grace period from the day you reach your first $50. This means
if you exceed the $50 minimum on January 13, your FIRST check will be mailed
out on February 15. Keep in mind we will only hold on to your FIRST check for
one month, after that you will get paid every other week.
12. Webmasters are advised that all charge backs will be investigated. Company
reserves the right to cancel any sale and the right to revise the site selections
and/or commission. Any webmaster that Company determines has participated in
any illegal, unlawful, or fraudulent business practices will have their Webmaster
privileges suspended, their website deactivated and all re-billings forfeited.
13. Company reserves the right to alter or amend the commission structure.
BY CHECKING THE "ACCEPTANCE" BOX AT THE END OF THIS PROGRAM, YOU ARE AFFIRMATIVELY
STATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL OF THE TERMS AND CONDITIONS
STATED HEREIN AND YOU AGREE TO BE BOUND BY EACH.
Click Here To Agree And Close Window