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SydneeBucks
Terms and Conditions
Please read the following Terms and Conditions carefully.
These Terms and Conditions define the Webmaster Program pursuant to which SBO
PICTURES, INC., a California corporation, doing business as (dba) WICKED PICTURES®,
and dba WICKED®, (“WP”), has agreed to pay You to provide Web
traffic to a web page or pages to be specified by WP ("WP 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.
WP 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 SHALL BE 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 WP may make to these Terms and Conditions from time to
time.
3. ADMITTANCE / TERMINATION. WP 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, WP may terminate
this Webmaster Program at any time for any reason. WP will provide e-mail notification
of denial of admittance or of termination. If WP terminates for any reason other
than a violation by You of these Terms and Conditions, WP 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
WP from any payment or other obligation to You, regardless of whether the payment
or other obligation has accrued or has not. In all cases, WP 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 Employer Identification 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. WP will pay
You for Web traffic to WP Target Page(s) from a banner or link posted on web
page(s) of Your site(s) as follows:
7.1. You will be paid a flat rate of Twenty Five United
States Dollars (25 USD) per new SYDNEESTEELE.COM membership sign-up that you
bring to WP.
7.2. 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 US$100.
Payment will be carried over from week to week until the amount due to You is
at least US$100. A "Pay Period" is defined as a two week period commencing on a
Monday at 12:00 AM Central Time and ending two weeks later on a Sunday at 11:59
PM Central Time. If You are a foreign, non United States resident participant,
You may request that WP withhold payment until the amount due is US$300., US$600.
or US$900., so as to incur lower banking fees.
7.3. You agree, by accepting and negotiating payment received
from WP, 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. WP 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. WP retains all intellectual property, copyright, trademarks,
patents, and ownership in the banners and ads provided by WP, including all
images therein. During the existence of this Agreement, WP hereby grants to
You the right or license to post banners and ads provided by WP on Your web
pages, solely in order to send traffic to WP Target Page(s). Upon any termination
of Your participation in this Webmaster Program, this grant of right or license
shall cease and terminate, and You must immediately remove WP's banners, ads,
and any and all WP intellectual property, copyright, trademarks, and patents
from Your web pages.
8.3. YOU are not authorized to use WP's names, trademarks,
design logos, banners, and/or ads for any other purpose.
9. PROHIBITED ACTIVITY.
9.1. Any and all practices that could reflect negatively
on WP are prohibited. All Web traffic sent to WP 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 WP Target Page(s) are prohibited. Links from e-mail are prohibited,
whether or not the e-mail constitutes unsolicited commercial e-mail (UCE), commonly
known as SPAM.
9.2. You are prohibited from sending any Web traffic to
WP Target Page(s) from any Web pages with any content, on the Web page or in
its URL, that might 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 WP Target Page(s) from any Web pages
which violate any laws of a jurisdiction in which You or WP 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 WP banners or ads on
a "Circle Jerk" site or sending Web Traffic to WP 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 WP Target Page(s)
in a frame or similar device for displaying WP Target Page(s) with other advertising
or content.
9.5. You are prohibited from using WP'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. WP shall be the sole determiner whether You have violated
these Terms and Conditions.
10. NONRESPONSIBILITY FOR TECHNICAL PROBLEMS.
WP 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.
11. 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 WP. The date of execution shall
be the date on which You submit to WP all identity, contact (address, telephone,
fax, e-mail) and tax information requested by WP.
12. APPLICABLE LAW; ARBITRATION. This Agreement
shall be governed by, and construed in accordance with, the laws of the State
of California, United States of America, 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 Canoga Park,
County of Los Angeles, State of California, United States of America, 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 arbitrator(s) 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 and costs for the prevailing party.
13. LIMITED LIABILITY. Notwithstanding
anything to the contrary contained herein, WP shall not, under any circumstances,
be liable to You for any incidental, special, or punitive damages, including,
but not limited to, lost profits, even if apprised of the likelihood of such
damages occurring.
14. NOTICES. All notices which You are
required hereto or may desire to give to WP shall be in writing and shall be
given either by personal delivery (which shall include by means of overnight
delivery services), fax, or e-mail, or by registered or certified mail (postage
prepaid), air mail if available. Such notices shall be deemed given on the date
delivered, faxed, e-mailed, or, if mailed, on a date three (3) business days
after the date of mailing if mailed in the United States or five (5) business
days after the date of mailing if mailed outside of the United States. Until
further notice, notices given to WP shall be given as follows: SBO PICTURES,
INC., a California corporation, dba WICKED PICTURES®, 9040 Eton Avenue,
Canoga Park, California, USA, 91304-1616, Fax (818) 349-6620, e-mail: legal@wickedpictures.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 WP with receipt acknowledged.
End of Terms and Conditions.
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