| Thank you for
your interest in joining the Naughtyboyz.com Affiliate Program (the "Program").
Naughtyboyz.com produces, edits, and markets its own amateur adult videos.
The Program is designed to provide a means for adult webmasters to earn
commissions on sales of the videos on Naughtyboyz.com. Naughtyboyz.com
and its owners, staff, subsidiaries, affiliates, producers, and advertisers
("we, us, our") want each participant in the Program ("you") to have a
safe, legal, lucrative, and pleasurable experience, so we have established
the following Terms and Conditions so that we (we and you) know what to
expect from each other. By using the Program you agree to be bound by the
terms set forth herein. We may make changes to the Program, these Terms
of Use, or the policies and conditions that govern the use of the Program
at any time. We encourage you to review the Program and these terms periodically
for any updates or changes. Your continued access or use of the Program
shall be deemed your acceptance of these changes and the reasonableness
of these standards for notice of changes.
YOUR CONDUCT
Any conduct by you that
in our sole discretion restricts or inhibits any other user from using
or enjoying the Program will not be permitted. You agree to use the Program
only for lawful purposes. You agree not to send unsolicited emails and/or
post any materials affiliated with the Program to any person, group, or
forum that does not allow commercial and/or adult materials to be posted.
You are prohibited from posting on or transmitting through the Program
any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, hateful, fraudulent, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national, or international
law.
PROGRAM RULES AND PAYMENT
INFO
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NO SPAMMING! Doing so may result
in your account being terminated and you will not be paid!
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Only one account per person
or company.
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You may not close an account
and then reopen another. If you close your account, you must wait one year
before opening another.
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The action of sending any hits
from any URLs which contain and/or promote the following content, programs
or linking practices may result in the immediate cancellation of the account
from which the hits were sent and the forfeiture of any funds owed to that
account: child pornography, beastialty, warez, password selling or trading,
newsgroup postings, spam e-mails.
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We pay THIRTY Percent (30%)
Commissions on all "Video sales" and 50% on all "Membership Signups", generated
from your link that contains your special code, less taxes, shipping/handling,
and chargebacks.
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There are no minimum sales requirements
for this Program. Commissions are paid monthly, no matter the amount of
your check.
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Commissions are paid on a monthly
basis. Checks are mailed out via regular First-Class Mail on or about the
Fifth(5th) of the following month. (Example: If you earn commissions for
the month of April, then that commission check will be mailed on or about
the 5th of May.)
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All payouts are made in US funds
only. All Program participants are responsible for any and all fees related
to cashing or depositing a US check.
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You may post as many links on
your site(s) as you wish. You may make your own banners, use our banners
or use whatever legal methods you wish, to generate traffic through your
website for use with our program, as long as nothing is against the terms
of this agreement.
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Your website or forum must be
adult-oriented and have a page that warns the visitor that your site and
the Program contain material for adults only.
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We reserve the right to cancel
this program at any time, without prior notification.
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We reserve the right to cancel
your account at any time, without prior notification and for any reason.
If your account is cancelled due to a violation of this Agreement, you
will not be paid owed monies.
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We reserve the right to deny
participation in the Program, at any time, for any reason.
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We reserve the right to change
this Agreement at any time, without prior notice.
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We reserve the right to change
payout dates at any time, with 7 days notice.
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We reserve the right to change
commission rates at any time, with 7 days notice. Should a Commission Rate
be changed, either higher, lower, or in any other capacity, it will take
affect after the current pay period has ended and with 7 days notice. In
other words, any change will be applied to the following pay period and
any Commission Rate change will not be applied to any sales during the
current pay period that notification was sent.
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Any change or update to the
Program will be communicated via email. Any failure of yours to receive
said communication, is neither our responsibility nor liability.
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We do not make any claim, whether
implied, spoken, or written, regarding the potential income from the Program,
if any.
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We are not responsible for loss
due to the downtime of the Program or any aspect of the Program.
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If requested, you must supply
us, at no cost to us, a username and password to enter your site. If this
is not supplied to us within 24 hours of our request, it may result in
your account being terminated.
DISCLAIMERS
YOU EXPRESSLY AGREE THAT
USE OF THE PROGRAM IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR AFFILIATES,
NOR ANY OF OUR OFFICERS, OWNERS, PRODUCERS, DIRECTORS, OR EMPLOYEES, AGENTS,
THIRD-PARTY CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS
("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"),
WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE PROGRAM, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION,
CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE PROGRAM.
THE PROGRAM IS PROVIDED ON
AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
US NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, PRODUCERS, DIRECTORS, EMPLOYEES,
AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE
A WARRANTY.
All information contained
on the Program is for informational purposes only.
Further, we explicitly
disclaim any responsibility for the accuracy, content, or availability
of information found on Programs that link to or from the Program from
third parties not associated with us, therefore we cannot be held responsible
for the accuracy, copyright compliance, legality, or decency of material
contained in third parties, and you hereby irrevocably waive any claim
against us with respect to such Programs.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL
WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING
THE PROGRAM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE PROGRAM,
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROGRAM; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS
PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE
THROUGH THE PROGRAM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and
hold us, and our owners, producers, subsidiaries, affiliates, officers,
advertisers, directors, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit, post
to or transmit through the Program, your use of the Program, your connection
to the Program, your violation of the Terms of Use, or your violation of
any rights of another.
EXPORT
The U.S. export control
laws regulate the export and re-export of technology originating in the
United States. This includes the electronic transmission of information
and software to foreign countries and to certain foreign nationals. You
agree to abide by these laws and their regulations - including but not
limited to the Export Administration Act and the Arms Export Control Act
and not to transfer, by electronic transmission or otherwise, any Content
derived from the Program to either a foreign national or a foreign destination
in violation of such laws.
OUR RIGHTS
We may elect to electronically
monitor areas of the Program and may disclose any Content, records, or
electronic communication of any kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure is necessary or appropriate
to operate the Program; or (iii) to protect our rights or property or the
rights of the users, Sponsors, Providers, Licensors, or Merchants. We are
not responsible for screening, policing, editing, or monitoring such Content.
If notified of allegedly infringing, defamatory, damaging, illegal, or
offensive Content, we may investigate the allegation and determine in our
sole discretion whether to remove or request the removal of such Content
from the Program.
We may terminate your access,
or suspend your access to all or part of the Program, without notice, for
any conduct that we, in our sole discretion, believe is in violation of
any applicable law or is harmful to the interests of another user, Affiliate,
Owner, Producer, a third-party Provider, Merchant, Sponsor, Licensor, service
provider, or us.
LINKS TO THIRD PARTY PROGRAMS
Occasionally, we may make
available a link to a third party's web Program or web Site. These links
will let you leave the Program and/or Site. The linked Programs are not
under our control and we are not responsible for the contents of any linked
Program or any link contained in a linked Program, or any changes or updates
to such Programs. We are not responsible for webcasting or any other form
of transmission received from any linked Program. We provide the links
to you only as a convenience. We do not endorse the Program or its use
or contents.
SUBMISSIONS
We are pleased to hear from
our customers and welcome your comments regarding our products, including
the Program. We request that you be specific in your comments on our content.
If you send us comments, suggestions, ideas, materials, notes, drawings,
concepts, or other information (collectively, "Submissions"), the Submissions
shall be deemed, and shall remain, our property. None of the Submissions
shall be subject to any obligation of confidence on our part, and we shall
not be liable for any use or disclosure of any Submissions. Without limiting
the foregoing, you agree that we shall exclusively own and hereby assign
to us without compensation or further obligation all now known or hereafter
existing rights to the Submissions of every kind and nature throughout
the universe and shall be entitled to unrestricted use of the Submissions
for any purpose whatsoever, commercial or otherwise, without compensation
to the provider of the Submissions, including the right to publish on the
Program or elsewhere and to use the Submission, including any suggestions,
ideas, etc. contained herein.
TERMINATION
These terms are effective
until terminated by either party. If you no longer agree to be bound by
the Terms of Use, you must cease your use of the Program. Subject to applicable
law, we reserve the right to suspend or deny, in our sole discretion, your
access to all or any portion of the Program with or without notice. You
agree that any termination of your access to the Program may be effected
without prior notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files
in your account and bar any further access to such files or the Program.
Further, you agree that we shall not be liable to you or any third-party
for any termination of your access to the Program.
GENERAL INFORMATION
These Terms of Use constitute
the entire agreement between us (you and us) and govern the use of the
Program. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. Our failure to exercise or enforce any right or provision of
the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Program or the
Terms of Use must be filed within one year after such claim or cause of
action arose or be forever barred. |