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Terms
And Conditions
Please read the following Terms and Conditions carefully. These Terms and
Conditions define the Webmaster Program pursuant to which NetVideoGirls.com
("NVG") has agreed to pay YOU to provide Web traffic to a
web page or pages to be specified by NVG ("NVG Target Page(s)").
1.
ACCEPTANCE OF TERMS AND CONDITIONS. YOU acknowledge
that YOU have read,
agree to abide by, and accept these Terms and Conditions, including as
they may be amended from time to time. Ignorance of these Terms and Conditions
is not an excuse for any violation.
2.
MODIFICATION OF TERMS AND CONDITIONS.NVG
reserves the right to add to, delete from, or change these Terms and
Conditions at any time. ALL ADDITIONS TO, DELETIONS FROM AND CHANGES
OF THESE TERMS AND CONDITIONS ARE EFFECTIVE THREE (3) CALENDAR DAYS
AFTER BEING MADE, WHETHER OR NOT ACTUAL NOTICE HAS BEEN GIVEN TO YOU
UNLESS NOTICE IS REQUIRED ELSEWHERE IN THESE TERMS AND CONDITIONS! YOU
are responsible for reading and complying with any changes that NVG may
make to these Terms and Conditions from time to time. YOU can review
the most current version of these Terms and Conditions at any time at
this web page.
3. ADMITTANCE
/ TERMINATION. NVG reserves the right to deny YOU
admittance into this Webmaster Program, or to terminate YOU from this Webmaster
Program at any time for any reason. Also, NVG may terminate this Webmaster Program
at any time for any reason. NVG will provide e-mail notification of denial
of admittance or of termination. If NVG terminates for any reason other
than a violation by YOU of these Terms and Conditions, NVG will pay to
YOU any sums that have accrued to YOU under this Webmaster Program as
of the date of termination.
4. VIOLATION
OF TERMS AND CONDITIONS. Violation of any or all
of these Terms and Conditions is grounds for termination and releases NVG from
any payment or other obligation to YOU, regardless of whether the payment or other
obligation has accrued or has not. In all cases, NVG shall be the sole
determiner of whether a violation exists and may act on good faith suspicion
alone.
5. AGE
REQUIREMENT. In order to participate in this
Webmaster Program, YOU must be over the age of 18 or of the legal age to
view adult content in YOUR community.
6. UNITED
STATES TAXES. United States residents and corporations,
and foreign participants who are residents of the United States, are required
to provide a completed and signed United States Department of Treasury
Internal Revenue Service Form W-9 setting forth information including
a United States Federal taxpayer ID Number or Social Security Number.
Foreign participants who are not residents of the United States and who
are not conducting a trade or business in the United States, are required
to provide a completed and signed United States Department of Treasury
Internal Revenue Service Form W-8BEN before any payment will be processed.
Foreign participants who are not residents of the United States but who
are conducting a trade or business in the United States, are required
to provide a completed and signed United States Department of Treasury
Internal Revenue Service Form W-8ECI before any payment will be processed.
7.
PAYMENT FOR WEB TRAFFIC.NVG will pay
YOU for Web traffic to NVG Target Page(s) from a banner or link posted
on web page(s) of YOUR site(s) as follows:
7.1 NVG will pay
YOU 50% of each new membership sign-up and renewal to NetVideoGirls.com
that you bring to NVG.
7.2 NVG
reserves the right to change the future payout per sign-up at any time
with three (3) days written notice to YOU.
7.3 All
payments are made by check in U.S. dollars. Payments are mailed
on Fridays for the Pay Period ending on the immediately preceding
Sunday. Payment will only be sent if the amount due to YOU is
at least $100. Payment will be carried over from week to week
until the amount due to YOU is at least $100. If YOU are a foreign,
non United States resident participant, YOU may request that
VBI withhold payment until the amount due is $300.00, $600.00
or $900.00 so as to incur lower banking fees.
7.4 YOU
agree, by accepting and negotiating payment received from NVG,
that the payment received is payment in full for any and all
advertising space and traffic for the Pay Period to which the
payment applies.
8. BANNERS
AND ADS.
8.1 NVG will provide YOU with
a selection of banners and ads for use in this Webmaster Program. YOU may
post as many of these banners on YOUR site(s) as YOU wish.
8.2 YOU may create banners or
ads for use in this Webmaster Program, but YOU must obtain NVG's written
approval of any such banners or ads prior to usage. There is no compensation
for making banners or ads, and NVG reserves the right to post any banners
or ads you create for use by other sites.
8.3 NVG retains all copyright
and ownership in the banners and ads provided by NVG, including all images
therein. During the existence of this Agreement, NVG hereby grants to YOU
the right to post banners and ads provided by NVG on YOUR web pages, solely
in order to send traffic to NVG Target Page(s). Upon any termination of YOUR
participation in this Webmaster Program, this grant of rights shall cease
and YOU must immediately remove NVG's banners and ads from YOUR web pages.
8.4 YOU are not authorized to
use NVG's names and/or trademarks and/or logos and/or banners and ads for
any other purpose.
9. PROHIBITED
ACTIVITY.
9.1 Any and all
practices that could reflect negatively on NVG are prohibited. All Web traffic sent to NVG
Target Page(s) must be voluntary and must originate from a Web page. Misleading
text in connection with the banner, forced exit traffic, forced click-throughs,
and blind links, are all prohibited. Postings to newsgroups, bulletin boards,
clubs, or IRC postings,or other postings, with links to NVG Target Page(s)
are prohibited. Links from e-mail are prohibited, whether or not the e-mail
constitutes unsolicted commercial e-mail (UCE), commonly known as SPAM.
9.2
YOU are prohibited
from sending any Web traffic to NVG Target Page(s) from any Web pages with
any content,
on the Web page or in its URL, that infringe the rights of third parties,
including but not limited to: warez, password selling or trading, copyright
or trademark or other intellectual property infringement, privacy or right
of publicity infringement, use of another's name or a variation thereof
without express consent. YOU are prohibited from sending any Web traffic
to NVG Target Page(s) from any Web pages which violate any laws of a jurisdiction
in which YOU or NVG is located, or which contain or promote, in any way,
the following: obscene content, child pornography, bestiality, rape, warez,
password selling or trading, UCE or SPAM e-mails, copyright or trademark
or other intellectual property infringements, rights of privacy or publicity
infringements, use of another's name or variation thereof without express
consent.9.3
YOU are
prohibited from placing NVG banners or ads on a "Circle Jerk" site or
sending Web Traffic to NVG Target Page(s) from a "Circle Jerk" site.
"Circle Jerk" is defined to include, but is not limited to, sites
that hide or camouflage their entry button and/or links to their pictures,
as well as any effort to hide the site's true content with the intention
of
tricking or encouraging browsers into clicking on banners.
9.4
YOU are prohibited from
displaying NVG Target Page(s) in a frame or similar device for displaying
NVG Target Page(s) with other advertising or content.
9.5
YOU are prohibited from
using NVG's names and/or trademarks and/or logos and/or banners and ads
and/or
other intellectual property in any unsolicited commercial e-mail (UCE),
commonly known as SPAM.
9.6 If YOU engage in any
PROHIBITED ACTIVITY, or in any similar activity or practice to accomplish similar results,
YOUR participation in this Webmaster Program will be terminated immediately
as a violation of these Terms and Conditions.
10. WEB
TRAFFIC FROM PASSWORD PROTECTED AREAS. YOU are
required to provide a functional username and password to NVG, upon request, for all
password protected URLs from which YOU have sent Web traffic to NVG Target
Page(s). The username/password combination must remain functional throughout
YOUR participation in this Webmaster Program.
11. NONRESPONSIBILITY
FOR TECHNICAL PROBLEMS.NVG will not be held responsible
for any loss to YOU that is caused by computer server downtime resulting from
complications with YOUR or our hosting equipment or technical errors.
12. ENTIRE
AGREEMENT.These Terms and Conditions, along with the
information provided by YOU about YOU and YOUR site(s), shall constitute the entire
agreement between YOU and NVG. The date of execution shall be the date
on which YOU submit to NVG all identity, contact (address, telephone, fax,
e-mail) and tax information requested by NVG.
13. APPLICABLE
LAW; ARBITRATION.This Agreement shall be governed by,
and construed in accordance with, the laws of the State of California,
which are applicable to contracts entered into and to be fully
performed therein. Any dispute, controversy or claim relating to this
contract shall be settled by arbitration in the city of Los Angeles, State of
California in accordance with the rules and regulations governing commercial arbitration
promulgated by the American Arbitration Association before a neutral arbitrator(s)
(i.e., individuals who, to the best of either party's knowledge, do not
have a bias in favor of, or against, either party) having experience in
matters involving Internet commerce. The decision of the arbitrators shall
be final and binding on the parties, and judgment upon the award rendered
by the arbitrators may be entered in any court having jurisdiction thereof.
Any arbitration award shall include attorney's fees for the prevailing
party.
14. LIMITED
LIABILITY. Notwithstanding anything to the contrary
contained herein, NVG shall not, under any circumstances, be liable to YOU for incidental,
special, or punitive damages, including but not limited to lost profits,
even if apprised of the likelihood of such damages occurring.
15. NOTICES.
All notices which YOU are required hereto or may desire to
give to NVG shall be in writing and shall be given by e-mail at info@netvideogirls.com
Notices given to YOU shall be given to the contact information (address,
fax, e-mail) provided by YOU upon committing to this Webmaster Program,
or such subsequent contact information YOU provide in writing to NVG with
receipt acknowledged.
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