This agreement is between You the webmaster (Client) and Black Dog Unlimited (BDU), the operators of Spread4U Free Feeds (Spread4U).
1. Restricted Access: Upon entering into this Agreement, You, the Client, understands and acknowledges that the Content being offered by Spread4U is adult-oriented and contains sexually explicit materials. Access to Spread4U live adult content is restricted to adults over the age of 18. Access to minors is strictly prohibited and will not be tolerated.
2. Participation Requirements: In order to participate in the Spread4U Program Clients must:
2.1 Follow Spread4U's, banner, button and text placement requirements. Specifically, Client may not promote or advertise, in any manner, any other similar adult entertainment services on any pages where Spread4U's Program appear. Furthermore, Client may not alter or modify any designs or artwork BDU provides to Client.
2.2 Provide BDU with a valid user name and password for Client's subscription site permitting BDU access to inspect the implementation of Services as long as the Program appears on Client's Site.
2.3 Client understands that the content requested is adult in nature and agrees not to furnish it in any way to minors and further agrees to verify the age of viewers before viewing where required by law.
2.4 Any breach of the terms set forth in this paragraph 2 and its sub paragraphs, shall be considered to be a material breach and will result in Client's immediate termination from the Program and Client's forfeiture of any unpaid revenue share.
3. Indemnity: You warrant and represent that you own or operate a lawful and otherwise valid Internet website. You further represent that you have the requisite power and authority to enter into this Agreement. You also warrant and represent that you are at least 18 years of age and that performance under this Agreement does not and will not constitute a breach of any existing contract or obligation undertaken by You; and that there are no outstanding orders, judgments, decrees, rules or regulations which would preclude you from entering into this Agreement. You agree to indemnify BDU and its shareholders, officers, directors, employees and agents against any loss, damage or liability (including reasonable legal fees) which result from your acts or omissions or from the use of any Content or other BDU materials not expressly authorized by this Agreement.
4. Disclaimer: BDU provides its services "as is" and makes no warranties, either expressed or implied, with regard to the performance of the link or the Content of BDU's site(s); BDU expressly disclaims any warranties, including that of merchantability or fitness for a particular purpose with respect to the Program, and you acknowledge that no representation or warranty has been made with respect to any income which you may or may not receive under this Agreement. BDU shall not be held liable to you or any other person or entity, including users of BDU's services, for any losses, injuries or damages of any kind, arising from or in conjunction with any mistakes, omissions, delays, errors, or interruptions in the transmission or receipt of BDU's services or Content. BDU is not liable for any direct, indirect, or incidental or consequential damages, including loss of business, loss of profits and the like.
5. Commissions: Your share of Gross revenues generated by the BDU Adult Content and Upsells shall be outlined in the following subsections. For specific details about the program itself, please click on the following link http://www.spread4u.com/freefeeds BDU shall be responsible for the accounting and disbursement of revenues. Disbursement to You shall be within 10 calendar days after the end of each month, (e.g., the revenue from the month of January will be disbursed by the 10th of February).
5.1 Website Program ("Spread4U Free Feeds"): There is no cost for this program and the payout commission is paid at a rate of one (1) dollar per minute purchased via a user account that was established through your website.
5.2 Exceptions: No commission shall be paid on the following:
5.3 If average monthly revenue exceeds $1000 or if BDU should at it's sole discretion deem necessary 10% of each disbursement will be withheld by BDU to cover any chargebacks that may occur directly from minutes purchased by Your website's members. The withholding shall be reimbursed to You after three (6) months less disbursements that were charged back.
5.4 BDU reserves the right to withhold disbursements in order to reimburse itself for commissions already paid on exempted purchases (as defined in paragraph 5.2) and in excess of sums previously withheld (as defined in paragraph 5.3).
5.5 All funds are paid in US dollars drawn from a US bank.
6. Term and Termination of Agreement:
6.1 The term of this Agreement shall be indefinite. Both parties reserve the right to terminate this Agreement at any time, without cause. Delivery of notice via e-mail shall be considered sufficient notice to the other party.
6.2 Upon termination of this Agreement you shall immediately cease using Spread4U's marks and remove Spread4U's banner(s) from your site.
6.3 Any warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
6.4 Upon termination of this Agreement you shall be entitled to all unpaid commissions earned prior to the date and hour of termination. However, you shall not be entitled to receive commissions for referrals delivered after the date of termination.
6.5 BDU reserves the right to terminate You from the Program without advance notification for any reason. In such case you will be notified by e-mail immediately and paid for all commissions accumulated up to that point in time, except in cases where it is determined you have violated this agreement in any material way. By way of example, but not limitation, material breaches would include the use of blind links, hits coming from any type of meta tag refreshers, hit generated by javascript or applets or password sites.
7. Rights Granted:
7.1 BDU grants to the person or entity, who is the owner/operator of an Internet site (hereinafter "site Operator") the non-exclusive right to place BDU's content on their Web site.
7.3 The rights granted herein shall be for reasonable, appropriate and lawful use only. BDU neither encourages nor condones the misappropriation of celebrity names or images or other trade or service marks for commercial purposes and shall not be responsible for such conduct by the site Operator. In addition, BDU specifically forbids the practice of "spamming" (the sending of unsolicited bulk e-mail) as a means of attracting traffic to Site(s). Any site Operator found to be spamming or infringing upon the rights of another person or entity will be dropped without payment from the program.
8. Miscellaneous Terms:
8.1 We reserve the right to cancel the program at any time for any reason that we find suitable. Any remaining commission balances will be sent You at that time.
8.2 We reserve the right to change any aspect of any program at any time for any reason that we find suitable. Please refer to the web page http://www.spread4u.com/contentterms.html (this page) at any time for the current Terms and Conditions.