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The person submitting the form linked to this document or the entity on whose
behalf it is submitted (Webmaster) thereby enters into a binding agreement
with GayPasswordByPhone, a subsidiary of Webmaster Service Ltd. 12 Xunantunich, Belmopan,
Belize, (PBP) registered in upon the following terms and conditions (this Agreement):
1. Participation
PBP grants Webmaster the opportunity to earn commissions by using PBP's international
billing system upon the terms of this agreement.
In order to participate a sign-up form must be completed and submitted on PBP's
website. All data requested in the sign-up form must be fully provided. All requested
requirements and conditions must be met. PBP has the right to reject applications
without giving reasons.
2. Identity and disclosure
All webmasters shall provide true and complete information to PBP at all times.
This includes, without limitation, information regarding identity, nationality,
residency, contact information, payment instructions and other information PBP
may request from time to time.
3. Relationship of parties
All webmasters are independent business partners who promote their own internet
content or promote content provided by PBP or its content providers. Under this
agreement, there will be no relationship of partnership, joint venture, agency,
power of attorney, franchise, representation or employment between the parties
and PBP. The affiliates shall have no authority to make or accept any offers or
representations on PBP's behalf. No party has the authority to co-sign or to incur
any obligation on the other's behalf. Nothing in this Agreement will be construed
to provide any rights, benefits or claims to any person or entity not a party
to this Agreement. The rights and obligations stipulated in this Agreement may
not be assigned to another party without PBP's written consent.
4. PBP FACILITES
Upon receipt of Webmaster's registration form (including all details required
by such form), PBP will issue Webmaster with a login ID code and password for
accessing PBP's online management system and an affiliate identification reference
for the purpose of tracking traffic. PBP will also issue a non-exclusive, non-transferable
license to use certain promotional devices, pages or banners made available by
PBP to direct end users to content accessed using PBP's Billing System (Links)
and a non-exclusive, non-transferable license to use (if expressly agreed by the
PBP) content distributed by PBP, in all cases solely on the Webmaster Sites and
solely for the purposes set out in this Agreement.
5. COMMISSION
Commissions are calculated and paid in US Dollars. PBP pays commissions for every
sold password using PBP's international billing system. Subject to receipt to
PBP's satisfaction of up to date details of compliance with VAT, tax and business
formalities in the location of the Webmaster, and identification and bank account
details for Webmaster, and to the remaining provisions of this Agreement, PBP
will make payments to Webmaster in accordance with PBP's tariffs as amended from
time to time (as they appear in PBP's web site notified to Webmaster) in respect
of the use of PBP's billing system by bonafide end users directed to them by one
of the Links on a Webmaster Site containing Webmaster's affiliate ID. The webmaster
must comply and understand that there are different commission rates for every
password that is sold (as listed on PBP's website as a notice to every Webmaster).
PBP will enable Webmasters to review Webmaster's traffic online. Please note
that the webmaster commission rates are subject to change. The rates will be updated
on-site regularly. PBP reserves the right to adjust pay out rates in case the
US Dollar / Euro exchange rate varies more than 10% than stated in the current
rate sheet of PBP.
6. PAYMENT
Payment for participation in PBP's billing system will be made either: by check,
by wire payment to the webmasters account or through PayPal.
There is virtually NO minimum commission required. PBP pays ALL commission
as long as the amount payable to the webmaster exceeds the amount of US$1.00
PBP pays every 2 weeks .In the event that the Affiliate chooses to receive
wire payments, a $10.00 fee will be incurred. Wire payments will only be made
for payments in excess of $201.00. PayPal payments will only be made for payments
not exceeding $ 200.00
All passwords sold from the 1st to the 15th of each month will get paid on
the 25th of the same month (Payout Period 1). All passwords sold from the 16th
to the end of the month, will get paid the 10th of the following month (Payout
Period 2). If the pay out day is a public holiday, Saturday or Sunday, pay out
will be next following working day.
| Example: |
Passwords sold from the 1st to the 15th May will get paid on
the 25th May. |
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Passwords sold from the 16th to the 31st May will get paid
on the 10th June. |
7. WEBMASTER WARRANTIES
Webmaster represents, warrants, and undertakes that at all times during this Agreement:
Webmaster is a person of legal age in Webmaster's location for viewing sexually
explicit material and in any case at least eighteen years old (Adult), or is an
entity managed and owned solely by Adults.
Webmaster controls the Webmaster Sites, and runs its business and will perform
its obligations under this Agreement in accordance with all relevant community
standards and applicable laws, regulations and mandatory codes of conduct relating,
in particular but without limitation, to adult entertainment services, advertising
and electronic commerce, and has obtained all necessary authorizations or licenses
in respect of the Webmaster Site and Webmaster's business.
Webmaster shall enable Provider to access and inspect free of charge all parts
of Webmaster Sites in order to verify Webmaster's compliance with the terms of
this Agreement.
Any of the following conditions will result in immediate closure and termination
of webmasters account without payment:
The promotion of or content containing: Child Pornography, Bestiality, Rape,
Warez, Passwords, MP3, any acts of violence, or any illegal activity. This includes
meta tags, text, links, graphic(s) or any HTML codes.
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SPAM, including but not limited to E-mail, Instant Messages,
Chat Rooms, Newsgroups, ICQ and IRC |
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Using the word "free" in regard to the PBP's international
billing system. |
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Attempt to mislead or defraud PBP or users in any way. |
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Incorrect or incomplete account information. |
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Hits or signups generated as a requirement to enter or obtain
access to goods or services on webmaster's (or someone else's) web site. |
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Any individual found to be in violation of 3rd party copyright,
trademark, patent or any other intellectual property right violation or infringement. |
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Sites hosted on non-adult free hosts that do not permit adult
content. |
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Any misrepresentation of PBP site(s), including but not limited
to, misrepresenting the costs per minute, terms, or content contained within our
site(s). |
 PBP maintains a zero tolerance
policy towards anything related to child pornography. Child pornography is immoral
and illegal and if we ascertain that you have violated PBP's zero tolerance policy
against child pornography, your participation at PBP's billing system will be
terminated without warning and we will report you to the authorities. Moreover,
webmaster further agrees that all monies due will therefore be forfeited.
8. LIABILITY
Webmaster will indemnify PBP and hold PBP harmless from and against any claim,
loss, damage or liability (including legal fees and costs) arising out of: Webmaster's
use of any Links, Billing System, PBP Content or any other Provider material or
service; (b) any breach by Webmaster of any obligation or warranty under this
Agreement; and/or (c) any matter relating to any Webmaster Site, its content (including
PBP Content contained therein), lawfulness, quality or condition.
The obligations of PBP stated in this Agreement do not constitute personal
obligations of the directors, general managers, employees, partners or shareholders
of PBP or its clients. In no event shall PBP and its partners be held responsible
for any liabilities arising out of or in connection with this Agreement. In no
event shall PBP and its clients are liable for any indirect, special, incidental,
punitive or consequential loss, injury or damage of any kind (regardless of whether
PBP or its clients have been informed of the possibility of such damages
PBP and its clients do not warrant that their systems, network, software and
hardware (or parts purchased from third parties) will be error-free and uninterrupted.
PBP makes no warranties, whether implied or express, with respect to the commercial
success, quality, merchantability, fitness for any particular purposes or suitability
of all involved systems, networks, software or hardware (or parts purchased from
third parties). WPP and its clients (or their distributors or suppliers) are not
required to maintain redundant systems, networks, software or hardware.
To the maximum extent permitted by law, PBP hereby excludes all liability for
negligence and/or all non fraudulent representations ands warranties. Express
or implied relating to PBP's billing system, links,
PBP premium content or any other PBP provider material or service ( including
but not limited to any warranty of quality, fitness for a particular purpose,
availability or absence of viruses).
To the maximum extent permitted by law, PBP hereby excludes all liability for
non-accessible phone connections, telephone carrier problems nor for traffic blocking
in certain countries as well as for not receiving payment from the specific phone
carriers or network providers and resellers. If PBP does not receive the commission
from the due phone network, PBP is NOT obliged to pay the due commissions to the
webmaster as these passwords where generated through a phone company which has
not paid. In the event whereas PBP had already incurred in such payments already
to webmaster, PBP will be obliged to deduct this amount from further payments
to the webmaster up to 1 year after the situation first incurred.
To the maximum extent permitted by law, PBP shall in no case be liable to webmaster
for any direct or indirect, incidental or consequential loss or damage of any
kind (including, without limitation, loss of business, profit or data, business
interruption or any other economic goodwill or physical loss) arising or in connection
with PBP's billing system, link, PBP premium content or any other provider material
or service, even PBP has been advised of the possibility of such loss or damage.
9. Term of the Agreement
The term of this Agreement will begin upon our written acceptance by email
of your application and will end immediately when terminated by either party in
writing (by email). Either webmaster or PBP may terminate this Agreement at any
time, with or without cause, by giving the other party notice of termination.
Notice by email, to webmaster's email address in PBP's records, is considered
sufficient notice for us to terminate this Agreement. If this Agreement is terminated
because you have violated the terms of this Agreement you waive any right to receive
any payments due and unpaid to you, even for commissions earned prior to the date
of termination. If this Agreement is terminated for any other reason, you are
only eligible to payments on sales occurring during the term of the Agreement,
and commissions earned through the date of termination will remain payable only
if the related subscriptions are not canceled or returned. We reserve the right
to withhold your final payment for a reasonable time to ensure that the correct
amount is paid.
10. Modification
PBP may modify any of the terms and conditions contained in this Agreement, at
any time and in PBP's sole discretion. Notice of any change by email, to your
address in PBP,s records, or notice posted on PBP,s website, is considered sufficient
notice to you of a change to the terms and conditions of this Agreement. Modifications
may include, but are not limited to, changes in the scope of available commission
fees, commission schedules, payment procedures, and rules. All such modifications
shall take effect 48 hours after PBP serves notice as provided above, unless PBP
indicates otherwise. If any modification is unacceptable to webmaster, webmasters
only recourse is to terminate this Agreement. Webmasters continued participation
in the commission Program, following PBP's posting of modifications or a new agreement
on PBP's website, will constitute webmasters binding acceptance of the change
in terms and conditions.
11. Force majeure
In the case of force majeure events, neither party will be liable for failure
to perform, damage to or malfunction of any equipment, or any consequential damage
thereof occasioned. Force majeure events include, without limitation: fire, flood,
other natural disasters, labor disputes, power failures, explosions, acts of government,
unavailability of transportation, acts of third parties or failure of third parties
to perform or any other causes beyond the party's reasonable control.
12. Applicable law
The validity of this Agreement, its structure, interpretation, and enforcement,
as well as the rights of the parties hereto will be determined under, governed
by, and construed in accordance with the laws of Belize. The court of jurisdiction
is Belize.
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