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iFRIENDS VIDEO CHATHOST USAGE AND DISTRIBUTION SERVICES AGREEMENT
iFRIENDS VIDEO CHATHOST USAGE AND DISTRIBUTION SERVICES AGREEMENT
AGREEMENT
IF YOU ARE EMPLOYED BY, OR OTHERWISE WORKING WITH A CHATHOST
REPRESENTATIVE, THEN, IN ADDITION TO THIS AGREEMENT, PLEASE
HAVE YOUR CHATHOST REPRESENTATIVE EXECUTE A CHATHOST
REPRESENTATIVE AGREEMENT.
DEFINITIONS:
1. "Chathost Representative" refers to any third party, designated as payee by
Video Chathost for revenue checks sent by iFriends for the Video Chathost’s content,
services and/or Productions provided herein. (You are not required to work with a
Chathost Representative to Produce content or distribute the Productions, but, if You
elect to independently contract with a Chathost Representative, that Chathost
Representative will receive the revenue checks and will be solely responsible for any
and all payments to You.)
2. "iFriends" refers to any and all Internet access services controlled, operated,
managed or run by WebPower, Inc. ("WebPower") that enable users to access
content, information, electronic mail, Productions, or other services, including
without limitation the services offered at the domain name http://www.iFriends.net.
3. "Interactive Computer Service" refers to the information service, system or
access software offered via iFriends.net, or any other interactive computer service
controlled, operated, managed or run by WebPower, that provides or enables
computer access by multiple users to a computer server.
4. "Point-to-Point Communications Session" refers to the communications that
You engage in with other users and/or the content that You and/or Your Chathost
Representative Produce via iFriends’ Interactive Computer Services, including
without limitation the Productions; these communications and content Productions
generally take place via direct communication sessions outside of iFriends’ direct
control.
5. "Produce(s)" refers to the Productions that Video Chathost and/or Chathost
Representative actually film, videotape, photograph, create, digitize, assemble,
manufacture, publish, duplicate, reproduce, reissue, insert, upload, post, or otherwise
manage on iFriends, in any medium or technology whatsoever, now known or to be
developed in the future, including without limitation, digital content and/or real-time
video chat sessions.
6. "Productions" refers to the works or content that You and/or Your Chathost
Representative Produce, directly or indirectly, through Your use of the Interactive
Computer Services offered by iFriends, including without limitation all Point-to-
Point Communication Sessions, real-time or archived content, images,, video chat
sessions, motion pictures, videos, DVDs, audio, text and materials derived from the
same.
7. "Video Chathost", "You", or "Your" refers to your function as a user, content
provider or Producer via iFriends’ Interactive Computer Service, including without
limitation your activities and conduct in video chat sessions.
General Terms:
1. Video Chathost, and/or Chathost Representative, is solely responsible for the
Productions, including without limitation the content thereof. You acknowledge and
agree that iFriends may, in its sole discretion, voluntarily and in good faith, restrict
availability and access to, revise, remove, delete and/or modify any aspect of the
Productions, including without limitation, content, messages, photos, videos, text, or
profiles, that, in iFriends’ sole discretion, (i) violate the terms of our agreements with
You, (ii) violate the terms of our agreements with Your Chathost Representative, (iii)
violate iFriends policies, or (iv) may harm or threaten the safety and welfare of
iFriends and/or other iFriends’ users, including without limitation Productions that
either iFriends, or any other user, considers to be obscene, lewd, lascivious, filthy,
excessively violent, harassing, or otherwise objectionable. .iFriends is not, however,
obligated to take any action and is not responsible for the content of, or for any
failure or delay in deleting and/or modifying the Productions
2. Either party to this agreement may terminate this relationship with the other party
at any time, , subject to the fulfillment of any outstanding liabilities and/or remaining
obligations to the other party. Without limiting any other remedies that iFriends may
have, in the event of a material breach of this agreement, including without
limitation, violation of the SPAM and UCE policies, You may be subject to civil and
criminal liability and iFriends reserves the right to suspend Your account
immediately. Unless you have prior written authorization from iFriends, You may
not register for additional accounts after termination by iFriends.
3. No software from this Interactive Computer Service may be downloaded or
otherwise exported or re-exported (i) into (or to a national or resident of) any nations
or country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S.
Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce
Department’s Table of Deny Orders. By downloading or using the Software, You
represent and warrant that You are not located in, under the control of, or a national
or resident of any such country or on any such list.
4. VIDEO CHATHOST AGREES AND UNDERSTANDS THAT THE
INTERACTIVE COMPUTER SERVICES ARE PROVIDED BY IFRIENDS ON
AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR
GUARANTEES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OR
GUARANTEES OF PROFITABILITY OR CUSTOMER USAGE. NO ADVICE
OR INFORMATION GIVEN BY IFRIENDS, ITS AFFILIATES, OFFICERS,
DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, CONTRACTORS,
OR OTHER REPRESENTATIVES SHALL CREATE A WARRANTY OR
GUARANTEE OF ANY KIND WHATSOEVER.
5. Video Chathost recognizes that this agreement and all agreements incorporated by
reference herein may have changes from time to time, via print, electronic, e-mail,
link to web page, click through agreement, or any other media or method iFriends
chooses. For any and all notice requirements stated in this agreement, email notice is
valid written notice. Notwithstanding anything to the contrary in this agreement,
iFriends’ act of posting these changes online or e-mailing them to You or Your
Chathost Representative, and YOUR, OR YOUR CHATHOST
REPRESENTATIVE’S, CONTINUED USE OF THE IFRIENDS INTERACTIVE
COMPUTER SERVICE, AND/OR YOUR ACT, OR YOUR CHATHOST
REPRESENTATIVE’S ACT, OF CASHING OR DEPOSITING USER
GENERATED REVENUE CHECKS SENT BY IFRIENDS, IS YOUR WAY OF
MANIFESTING ACCEPTANCE TO THE TERMS OF THIS AGREEMENT
AND/OR ANY SUCH IFRIENDS MODIFICATION TO THIS AGREEMENT.
6. Should any provision of this agreement be found by an arbitration panel or a court
of law to be void, invalid or unenforceable under any applicable law or equity, such a
finding shall not affect the remainder of this agreement, in part or in whole, that can
still be given effect without the void, invalid or unenforceable provision; to that end,
the provisions of this agreement are severable.
7. This agreement, including the Age Release Form and those portions of the policies
stated on the iFriends’ Interactive Computer Service and expressly incorporated by
reference herein, constitute the entire agreement between the Video Chathost and
iFriends relating to the subject matter of the agreement and shall supercede any prior
agreements between iFriends and Video Chathost related to the subject matters
herein. Both parties further agree that, should any policy or statement appear on
iFriends and/or any other Interactive Computer Service domain owned by iFriends,
which contradict the terms stated in this agreement, the terms of this agreement shall
prevail.
8. This agreement has been made in, and shall be construed and enforced in
accordance with, the laws of the state of Florida and the United States. In the event
Video Chathost and/or Chathost Representative is not personally subject to such
jurisdiction, then Video Chathost and/or Chathost Representative hereby agrees that
the laws of the state of Florida and the United States shall apply in any jurisdiction in
which Video Chathost or Chathost Representative is subject to suit. To the greatest
extent permissible by law, any controversy or claim arising out of or relating to this
agreement, or the breach thereof, will be settled by arbitration in Dade County, FL,
in accordance with the Commercial Arbitration Rules of the American Arbitration
Association then in effect (the "Rules"), including without limitation any bar under
the Rules to class-action proceedings, and the provisions of this agreement. The
matter will be heard by three arbitrators who will be appointed in accordance with
the Rules. To the greatest extent permissible, a decision of the arbitrators will be
final, binding and conclusive upon the parties. The decision and award of the
arbitrators will be in writing, and counterpart copies thereof will be delivered to each
of the parties. In rendering such decisions and awards, the arbitrators will not add to,
subtract from, or otherwise modify the provisions of this agreement. Judgment may
be had on the decision and award of the arbitrators so rendered in any court of
competent jurisdiction. Notwithstanding the above, iFriends may, in its sole
discretion, elect to have any and all equitable or injunctive relief submitted to the
federal or state courts, and not settled by arbitration. In the event iFriends elects to
pursue equitable or injunctive relief in a federal or state court, the federal and state
courts located in Dade County, FL shall have exclusive jurisdiction and venue, to the
greatest extent permissible.
9. Sections A.2, B.1 - B.5, B.6, B.9, C.1, and C.4 - C.9 will survive the expiration or
earlier termination of this agreement.
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ADVISORY: The United States Supreme Court, under current applicable law, has
geared the determination of obscenity to "local community standards". This means
that what is considered obscene in some communities may not be considered
obscene in others. Therefore, should Your use of iFriends’ Interactive Computer
Services involve the production of erotic adult content or conduct, we strongly
advise that You consult a local attorney who can advise You on whether Your
Productions might constitute obscene publication under Your local community
standards. One good rule of thumb: Never engage in conduct more extreme or
explicit than what is openly available in Your local community, I.e. consider the
conduct depicted in men’s magazines purchased from everyday convenience stores
or chain book stores, or the conduct depicted in "adults-only" videotape sections of
nearby video-rental stores or videos available for purchase/rental in chain stores.
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EROTIC COMMUNICATIONS DISCLAIMER: All Video Chathosts, including
those Video Chathosts who intend to Produce erotic or nude Productions, must first
file an Age-Release Form with iFriends, and must meet all the documentation
requirements established by iFriends, in iFriends’ sole discretion, at any time
throughout the term of this agreement.
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THE IFRIENDS ADULT OATH: I recognize that iFriends is a responsibly-operated,
law-abiding Interactive Computer Service and I support and agree with its principles.
Therefore, in producing any mature-theme content via the iFriends Interactive
Computer Service, I swear that:
1. I am at least 18 years of age, anyone appearing in my Productions is also at least
18 years of age, and I, and all such person(s), have supplied iFriends with age
documentation materials.
2. I will not Produce any prohibited or unlawful content, as described in this
agreement or elsewhere on the iFriends Interactive Computer Service.
3. I will not Produce any prohibited or unlawful content, according to the standards
of my local community. (iFriends recommends that You consult with an attorney
familiar with Your local community standards).
4. I will take all reasonable precautions necessary to ensure that my production
environment and my Productions are not directly or indirectly accessible by, or
exposed to, any person under the age of 18; I will not Produce any nude or erotic
content if minors or unconsenting adults are present in my production environment.
5. I will Produce only nude or erotic content that is portrayed in a normal, healthy,
positive, non-violent, and consensual manner, and relates only to normal, healthy
sexual desires.
6. I will not Produce nude or erotic content that is portrayed in an unhealthy, violent,
painful, non-consensual, morbid, shameful, sick, degrading, prurient or patently
offensive manner, or which does not otherwise relate to normal, healthy sexual
desires.
7. I will only Produce and/or engage in conduct that I enjoy and find fulfilling; I will
not Produce and/or engage in conduct that I do not enjoy or do not find fulfilling.
8. I will not attempt to portray myself as someone under the age of 18. (For example,
I will not represent myself to others on iFriends as a "high school cheerleader").
9. I will not attempt to portray myself as a "teen" or a "teenager". If I am 18 or 19,
and use the word "teen" or "teenager," I must also use the supporting words "18",
"19", "eighteen" or "nineteen". (For example, "19yo teen" is OK. "teen" by itself is
not OK).
10. I recognize that I am solely in control of my Productions. I am under no
obligation to satisfy requests made of me by users to my iFriends videochat room or
others on the iFriends Interactive Computer Service. I am acting under my own
volition and without coercion, and warrant that acts depicted in Productions are not
and will never be the product of actual or threatened serious harm or physical
restraint against any person or of actual or threatened abuse of the legal process in
order to induce conduct with which I am uncomfortable in complying. If anyone
ever attempts to threaten or coerce me in such ways, I will report such attempts to
the iFriends Sheriff's Office at: http://www.ifriends.net/sheriff.htm. In addition, I
recognize that iFriends has created software tools for me to use, at my discretion, so
that I can block users to my videochat room who make me feel uncomfortable, and
that I am able to reject any user request with which I am uncomfortable in
complying.
11. I will not use the iFriends Interactive Computer Service as a means to promote
any direct physical contact with any iFriends user for the purposes of prostitution,
escorting, or related activities.
12. While using the iFriends Interactive Computer Service, I will not engage in
physical intimacy with any other adult unless I am already involved in a pre-existing
intimate relationship with that adult.
13. I understand that if I violate this iFriends Adult Oath, iFriends may terminate my
account and I may forfeit any revenues that I have generated as a result of the goods
or services that I have offered via the Interactive Computer Service.
14. I understand that I can help keep the iFriends Interactive Computer Service clean
by reporting any misconduct I observe, including violations of this iFriends Adult
Oath, to the iFriends Sheriff’s Office at: http://www.ifriends.net/sheriff.htm.
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Four Revenue Sources for iFriends Video Chathost(s) Who Are Not Working With A
Chathost Representative
1. User Proceeds: *50%-35% of net revenues collected by iFriends from users who
pay to access Your Productions (payouts weekly). (When You recruit a new user to
iFriends yourself, through a ClickCash.com link, You collect 100% of revenues from
that user’s access of Your Productions! For further information, see our Chathost
Guide to iFriends Payment Types.)
2. Video Chathost Recruitment Payout: 1% of all net revenues generated by each
participating "live" Video Chathost that You recruit, plus 1% of all net revenues
generated by the live Video Chathost’s that they recruit, and so on, up to 16 different
levels. (...If You recruit two friends, and they recruit two friends, and so on, there are
65,536 iFriends at the 16th level, and 131,070 total iFriends between levels 1 and 16
"downline" from You...) To qualify, Your recruits must meet the Verification
Standards.
3. Recruitment Bonus: $100 for each person that You recruit to create their own
Productions and distribute them on the iFriends Interactive Computer Service.(To
qualify, Your new recruits must create real-time Productions on the iFriends
Interactive Computer Service at least 20 hours per week for 6 weeks, or at least 120
hours over 6-week period). To qualify, Your recruits must also meet the Verification
Standards.
4. ClickCash.com Referral Commissions: When internet surfers follow a link to
iFriends encoded with the designated screen name that You use, and later purchase
goods or services from that screen name via iFriends’ Interactive Computer Services,
You collect 100% of that revenue! See http://www.clickcash.com/ for details. (Your
iFriends login and password are already functional at ClickCash.com)
*Effective April 23, 2006, Video Chathosts who provide goods and services
exclusively on the iFriends/FanClubs platforms will continue to receive 50% of net
revenues collected from users who pay to access Your iFriends’ Productions, and
Video Chathost who provide goods and services non-exclusively on the iFriends
platforms (i.e. Video Chathost who provide goods and services to multiple
platforms), will receive 45% of those net revenues for the month of May 2006, 40%
of those net revenues for the month of June 2006, and 35% starting July 2006 and
continuing thereafter.
Notes:
As a part of iFriends’ distribution support services, as stated in this agreement, we
mail checks to You or Your Chathost Representative, on a weekly basis. Checks
greater than $1,000 are overnighted to You or Your Chathost Representative, at our
expense. Checks include payment for each of the four revenue sources indicated
above.
Users of iFriends pay You or Your Chathost Representative for the goods and
services You provide through Your use of iFriends, not iFriends itself. Payments are
aggregated and processed through a third party.
(*VERIFICATION STANDARDS: To earn credit for Your recruit, the recruit must
not be a member of Your household, must not be a business associate or related
entity, and must not be any other person that uses the same physical facilities that
You use for Your own Productions.)
Do not leave any line blank as we will consider the application incomplete if each
line does not have either valid information, "N/A" or "Not Applicable" next to it.
Your iFriends ID Card
john douglas
Name:
ALL VIDEO CHATHOSTS MUST ALSO EXECUTE THE AGE RELEASE FORM
AND GO THROUGH THE AGE VERIFICATION PROCEDURES. IF YOU ARE
EMPLOYED BY, OR OTHERWISE WORKING WITH A CHATHOST
REPRESENTATIVE, THEN, IN ADDITION TO THIS AGREEMENT, PLEASE
HAVE YOUR CHATHOST REPRESENTATIVE EXECUTE A CHATHOST
REPRESENTATIVE AGREEMENT.
Please print this entire document, initial the appropriate areas, sign directly above, and
mail it, in its entirety to 7765 Lakeworth Rd., Suite 341, Lake Worth, FL 33467. If You
(i) intend to host free or fee-based video chatrooms in adult-oriented areas of the
service, or (ii) intend to host fee-based video chatrooms in non-adult areas, You also
must furnish iFriends with proof-of-age forms and comply with all of the age
verification procedures. Version 2007-03
Click here to validate this form and get it ready for print.