| ADVERTISING REVENUE SERVICE PUBLISHER AGREEMENT
ADDITIONAL TERMS AND CONDITIONS
RELATING TO ADULT CONTENT
This Agreement contains terms and conditions which apply
to your participation as a member of the Advertising Revenue Service Affiliate
Program (the "AdRev Program"), if your web property contains
adult content. This Agreement contains terms and conditions which are
in addition to the general terms and conditions which can be found at:
http://www.adrevservice.com/tos.php. These terms and conditions also apply
to your participation in the Site Pass Webmaster Program (the “Site
Pass Program”), and the Build Your Own Tour Program (the “BYOT
Program”) operated by Innovative Ideas International, Ltd. d/b/a
Advertising Revenue Service (“ARS”) (hereinafter, "COMPANY,"
"we" or "us”). As used in this Agreement, "you"
or "your" means the applicant/participating member. You may
not participate in the Site Pass Program or the BYOT Program unless you
are a member of the AdRev Program. The AdRev Program, the Site Pass Program
and the BYOT Program are collectively referred to in this Agreement as
the “Affiliate Program” or simply “the Program”.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY SUBMITTING
AN APPLICATION FOR ENROLLMENT IN THE AFFILIATE PROGRAM YOU ARE AFFIRMATIVELY
STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET
FORTH HEREIN AND THOSE FOUND AT http://www.adrevservice.com/tos.php (the
“General Terms”) AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE
OF THIS AFFILIATE PROGRAM AGREEMENT AND THAT YOU AGREE TO BE BOUND BY
THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM
UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF AND EACH AND EVERY
TERMS SET FORTH IN THE GENERAL TERMS.
GENERAL TERMS APPLICABLE TO THE AD REV PROGRAM,
THE SITE PASS PROGRAM AND THE BYOT PROGRAM
1. Responsibility for Your Site. In addition to ensuring
that materials posted on your web property does not violate or infringe
upon any laws as outlined in the General Terms, you are also responsible
for ensuring that your web property does not include depictions of actual,
implied or simulated bestiality, rape, incest, child pornography, or any
other content deemed inappropriate or illegal.
While not an exhaustive list, the following proprietary terms may not
appear anywhere in the HTML or graphics on your web property:
| Cherie |
Disney |
High Society |
| Hustler |
Penthouse |
Pet |
| Playboy |
Playmate |
Girls Gone Wild |
a. Child Pornography.
We are especially adamant in assuring that no web properties
associated in any way with the AdRev Program, the Site Pass Program
and/or the BYOT Program contain child pornography. We maintain a zero
tolerance policy towards anything related to child pornography and reserve
the right to cooperate with law enforcement authorities in any child
pornography investigations. Not only do we prohibit pictures
which depict or insinuate sexual images of persons under the age of
eighteen (18), we also prohibit words which may insinuate sexual images
or acts of persons under the age of eighteen (18).
In addition to any other words we may deem to be inappropriate,
the following is a list of words (which may be amended at any time)
which, along with any derivatives thereof may not be used anywhere in
the HTML or graphics on your site(s):
| adolescent |
child |
children |
| elementary |
fifteen |
fourteen |
| high school |
infant |
juvenile |
| kid |
kiddy |
kindergarten |
| little boy |
little girl |
lolita |
| lolita-teen |
minor |
nymphet |
| pedophile |
preteen |
puberty |
| pubescent |
seventeen |
sixteen |
| thirteen |
underage |
young boy |
| young child |
young girl |
young school boy |
| young school girl |
young teen |
youth |
If we determine that you have violated the Company’s
zero tolerance policy against child pornography, your membership in
the Program will be terminated immediately. You will forfeit all monies
and accumulated rewards points otherwise due you.
b. Other Banned Terms.
In addition to the banned terms in the preceding section, the following
terms, along with any derivatives thereof, may not appear anywhere in
the HTML or graphics on your web property:
| animal sex |
bestiality |
family sex |
| forced sex |
illegal |
incest |
| kidnap |
mutilate |
rape |
| scat |
unconsensual |
|
We reserve the right to terminate your membership in
the Program for using any words, phrases, or derivatives of words or
phrases which appear in Section 1 of this Agreement and subparts thereof.
If your membership is terminated for using banned terms you will forfeit
all monies and accumulated awards points otherwise due you.
TERMS SPECIFIC TO THE
ADVERTISING REVENUE SERVICE AFFILIATE PROGRAM
RELATING TO ADULT CONTENT
2. Forms of Promotion. We have implemented a multi-site
join option for ARS approved paysites, the purpose of which is to provide
potential members, who may have chosen not to purchase a single site membership,
with an incentive to join. You may not specifically promote the multi-site
join option as a means to generate membership sales. You may only promote
single site memberships. If we become aware that you are specifically
promoting the multi-site join option, you will not be paid for any resultant
sign-ups. Violation of this procedure may also result in termination of
your participation in the AdRev Program.
3. Commissions for Sign-ups to ARS Approved Subscription
Based Adult Content Paysites. As a participating member in the ARS
Program you have two forms of commission payout available to you for sign-ups
to ARS approved paysites: (a) payout based on uniques; and (b) payout
based on sign-ups. Specific commission or payout information and options
can be found in the Product Center.
The following additional commissions are paid to you, regardless
of whether you choose to receive payout based on uniques or payout based
on sign-ups.
1. $100.00 Publisher Referral: You receive $100.00 for
each Active Publisher (as defined below) you refer who signs-up in our
Affiliate Program. The referred Publisher must not have participated
in the ARS Affiliate Program in the last 24 months.
“Active Publisher” shall be defined as (a)
a person or entity owning or operating one or more web properties which
prominently feature adult content, and (b) who refers at least one (1)
sign-up to ARS approved websites. In other words, you will not be paid
for referring the publisher until the publisher becomes “active”
by referring one (1) sign-up to ARS approved websites.
No commission will be paid for new publisher sign-ups
generated by you, your family or anyone within your organization. ARS
pays for the referral of Active Publishers. ARS will not pay commissions
for referrals where the intent of the referring party is simply to get
paid a referral fee and not to facilitate the sending of traffic to
approved adult paysites under the ARS program.
2. $15.00 Web900: You receive $15.00 for each Web900 sale
referred by you to the ARS Program;
4. Commissions for Sign-Ups/Sales for Other Adult Related
Products. Various other adult related products are available for you
to promote. Commission or payout information specific to these products
can be found in the Product Center.
TERMS SPECIFIC TO THE
SITE PASS PUBLISHER PROGRAM
5. Site Restrictions. Site Pass has three different
categories of sites, “Free”, “Regular”, and “Premium”.
You are solely responsible for selecting and providing any and all content,
material, products, and/or services on your site(s) for Free, Regular
and Premium sites.
For site requirements/restrictions go to the Site Pass
Guidelines in the SitePass Center in the Webmaster Administration Center
at http://stats.adultrevenueservice.com.
6. Commission Structure.
You have three (3) different promotional options available for you to
promote with the Site Pass Program.
a. Free Membership Option.
With the Free membership option, ARS will pay you $15 for every free
sign-up you refer.
b. Regular Membership Option.
With the Regular membership option, ARS will pay you 60% recurring on
all yearly memberships you refer.
c. Premium Membership Option
With the Premium membership option, ARS will pay you 60% recurring on
all monthly memberships you refer.
As a participant in the Site pass Program, you agree to
be bound by the Site Pass Terms of Service in their entirety. You may
access the Site Pass Terms of Service at http://www.sitepass.com/webmasters/faq
tos/tos.htm.
TERMS SPECIFIC TO THE BYOT PROGRAM
7. Application. To have a site (tour) listed, you
must first submit an application. On the application, you must provide
the following information:
- Site name;
- Each individual tour page URL (limited to six pages);
- URL to required promotional materials page;
- Join page options, i.e., text and link colors;
- Statement that you agree with the Terms of Service;
- Niche area for tour; and,
- Digital signature.
Upon submission of the above information, ARS will conduct
an initial review for compliance with technical issues. ARS will then
forward the information to the owner/operator of the paysite backend for
further review. Members’ tours may not contain any illegal content,
or content the use of which has not been licensed to the owner/operator
of the paysite backend. Upon final approval of the tour, you will be notified
of approval, the tour will be placed into a niche category and you will
be given a linking code so that other members may send traffic to your
tour.
8. Prohibited Conduct. The following conduct is strictly
prohibited:
- Changing tour page links to direct traffic to any join page other
than the one provided by ARS;
- Removing ARS provided java script exit code;
- Altering in any way the ARS provided php tour code;
- Using any server side scripting to alter referral codes from other
ARS participating members;
- Changing a previously approved tour in any way without submitting
changes to ARS for review and approval;
- Providing promotional materials to other ARS participating members
that are misleading in any way;
- Using illegal descriptions or content for promotional materials;
and,
- Using stolen content for tour design purposes
If ARS determines that your site has been altered without
ARS approval, it will be re-reviewed by ARS. If the site is not approved,
you will have 48 hours to make appropriate changes and resubmit it for
approval. If the site is not changed within 48 hours, it will be removed
from the BYOT Program. The linking codes for removed sites will remain
active and will be redirected to another tour within the specified niche.
9. Termination of Participation. ARS has a “three
strike and you’re out” policy relating to changing of tour
code. In other words, if the code on your tour is changed three times
without ARS approval, your ability to participate in BYOT will be terminated.
ARS reserves the right to terminate your participation
in the BYOT Program immediately and permanently for serious, intentional
violations of the Terms of the BYOT Program including, but not limited
to, efforts to divert traffic from its intended path and the inclusion
of anything related to child pornography on your tour.
10. Promotion of Tours. Promotion of tours available
in the BYOT Program is at your own risk. If a tour is altered in violation
of these terms and not timely brought into compliance, it will be removed.
The linking code for that tour will be redirected to another site in the
same niche as the removed tour.
TERMS SPECIFIC TO THE ADULT DIALER SOLUTION PROGRAM
11. Intellectual Property. COMPANY, pursuant to a license agreement, has obtained all intellectual property rights in connection with the Adult Dialer Solution Program. No intellectual property rights shall revert to you by your participation in the Adult Dialer Solution Program. COMPANY grants to you a non-exclusive revocable license to use the Adult Dialer Solution product for your own internal business purposes only. No other rights are granted either expressly or implied. You may not make any alterations, modifications or enhancements to the program without written approval from COMPANY. Other than as provided by COMPANY, you may not use any logo, trademark, trade name, brand name, marketing material or graphics for purposes of promoting the program without the express consent of COMPANY.
12. Use of Service. By participating in the Adult Dialer Solution Program, you agree to link to the dialer software only through approved linking codes. Any direct linking to the dialer executable or related software is expressly forbidden.
You represent and warrant to COMPANY that you will not market the service by use of false or deceptive methods.
13. Additional Indemnification. In addition to the provisions of paragraph 10 of the ARS Publisher Agreement Terms and Conditions, you further agree to indemnify, defend and hold harmless COMPANY, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "losses"), insofar as the losses (or actions in respect thereof) arise out of, or are based on, your false, fraudulent, and/or deceptive activities in connection with the use or marketing of the service.
NO TOURS OR SITES RELATED TO THE BYOT PROGRAM ARE
OWNED OR OPERATED BY INNOVATIVE IDEAS INTERNATIONAL, LTD. D/B/A ADULT
REVENUE SERVICE (“ARS”). ARS NEITHER OWNS NOR OPERATES TOURS
ON PAYSITES. ALL SITES ARE INDEPENDENTLY OWNED AND OPERATED.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY SUBMITTING
AN APPLICATION FOR ENROLLMENT IN THE AFFILIATE PROGRAM YOU ARE AFFIRMATIVELY
STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET
FORTH HEREIN AND THOSE FOUND AT http://www.adrevervice.com/tos.php (the
“General Terms”) AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE
OF THIS AFFILIATE PROGRAM AGREEMENT AND THAT YOU AGREE TO BE BOUND BY
THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM
UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF AND EACH AND EVERY
TERMS CONTAINED IN THE GENERAL TERMS.
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