PornWebPass Affiliate Agreement


This agreement is made effective as of the date of acceptance by and between you ("You", "Affiliate") and FOAD Media Group, Inc. ("We", "Us", "PornWebPass").

WHEREAS, Affiliate desires to participate in the PornWebPass referral program; and

WHEREAS, PornWebPass agrees to provide Affiliate commissions for valid referrals.

NOW, THEREFORE, the parties hereto agree as follows:

1. Only persons over the age of eighteen (18) years may participate in the program.

2. PornWebPass shall at all times have the right, in its sole and exclusive discretion, to modify and/or terminate the program and any and all program benefits associated with the program at any time, and may do so with or without prior notice or cause.

3. PornWebPass shall provide referral links to Affiliate, including necessary scripting.

4. PornWebPass shall pay Affiliate a commission in the amount of 60% of the gross sale for each verified PornWebPass password sign-up and 60% for each password renewal.  Payments are sent twice a month, within 5 business days of the 1st and 16th. PornWebPass' internal accounting system and only that system will determine what amounts, if any, are due to Affiliate.

5. Affiliate will not be paid commission on any fraudulent transactions, or when fraud is suspected.  Fraud will be prosecuted to the full extent of the law.

6. Affiliate shall be solely responsible for all content on its Internet web site (site) and acknowledges and agrees that PornWebPass can and will only provide referral links. Affiliate acknowledges that PornWebPass does not actively monitor the content of Affiliate’s site and assumes no responsibility for the content of Affiliate’s site.

7. Affiliate agrees to utilize only legal images and content that is licensed to Affiliate. Affiliate shall refrain from displaying or using any content that infringes upon the copyright, United States patent or right of another person or entity. Affiliate shall refrain from using the PornWebPass system in any way that is illegal, libelous or may subject PornWebPass to any other liability.

8. Affiliate will refrain from content of or any reference to child pornography, bestiality, rape, torture, or any other illegal forms of content. If PornWebPass is informed by competent authority that Affiliate is in violation of state or federal laws regarding content on Affiliate’s site, Affiliate will be removed from the PornWebPass system, and all commissions owed to Affiliate will be forfeited. Use of illegal content by Affiliate constitutes a material breach of this contract.

9. NOTE: COMPANY POLICIES ARE FOR ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM, YOUR PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO THE COMPANY:
You therefore warrant that You will not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of what is commonly known as "spamming" as a means of promoting our website or for the purpose of directing or referring users to any websites owned, operated or controlled by PornWebPass. You further acknowledge and agree that company has the right to immediately, and without notice, terminate your participation in the program if we, in our sole and exclusive judgment, conclude that you have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, warez, IRC posting or any other form of "spamming".

10. PornWebPass reserves the right to refuse services to any Affiliate at any time for any reason.

11. Affiliate agrees to indemnify, defend and hold harmless PornWebPass from any claims arising out of the use of its services, including but not limited to, prosecution under any pornography, obscenity, copyright or licensing laws of the United States or any state, civil litigation, administrative action, arbitration or mediation. This indemnification includes an obligation for Affiliate to reimburse PornWebPass for any costs, fees or expenses that PornWebPass may incur as a result of any such claims.

12. The rights of Affiliate under this agreement are not transferable.

13. This agreement may, at the sole discretion of PornWebPass, be amended. Affiliate agrees to abide by any amendments to this agreement. Affiliate agrees to review this agreement periodically for amendments.

14. This agreement shall exist indefinitely from the date of acceptance until cancelled by either party. PornWebPass and Affiliate reserve the right to cancel this agreement at any time.

15. Affiliate agrees to use the PornWebPass system at its own risk. PornWebPass provides no warranty in regards to this agreement. Any liability by PornWebPass for loss of revenue, data, or time through, but not limited to, any action, error, omission, deletion, or delay of service by PornWebPass, is expressly disclaimed.

16. Affiliate agrees that this agreement shall be governed by and construed under the laws of the State of New York without regard to conflicts of laws or provisions thereof.

17. Affiliate agrees that all disputes under this agreement shall be determined in the state courts of the State of New York, and the parties hereto do hereby submit to the personal jurisdiction of such courts for purposes of determining matters related to this agreement.

18. PornWebPass does not accept Affiliates from the following countries: Afghanistan, Albania, Armenia, Azerbaijan, Bahrain, Baltics, Bangladesh, Belarus, Bhutan, Bosnia and Herzegovina, Brunei, Bulgaria, Cambodia, China, Croatia, Cyprus, Czech Republic, Egypt, Hungary, India, Indonesia, Iran, Iraq, Japan, Jordan, Kazakhstan, Korea, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lithuania, Macedonia, Malaysia, Maldives, Moldova, Mongolia, Montenegro, Myanmar, Nepal, Oman, Pakistan, Palestinian Authority, Philippines, Poland, Qatar, Romania, Russia, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, Sri Lanka, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, United Arab Emirates, Ukraine, Uzbekistan, Vietnam, Yemen, and Yugoslavia.

19. We strongly advise that You review this Agreement with your attorney before you enter into it. You acknowledge and agree that nothing herein and no statement by us or any employee, representative, agent or other person associated with us has in any way prevented or inhibited You in any way from seeking such advice prior to entering into this Agreement. You hereby acknowledge and agree that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that you have been given a reasonable chance to seek advice of independent counsel with respect to this Agreement and all transactions associated herewith.

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