This agreement is between You the webmaster (Client) and FantasyXteme, Inc. (FXI), the operators of websites including but not limited to
CaliforniaSexLive, LiveXtreme,
GuysXtreme, 18Live, EroticaXtreme, TeenyXtreme, PleasureXtreme and
PussyXtreme, Aphrodite4U and EuropeanXtreme.
1. Restricted Access: Upon entering into this Agreement, You, the Client, understands and acknowledges that the Content being offered by FantasyXtreme is adult-oriented and contains sexually explicit materials. Access to FantasyXtreme 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 FXI Program Clients must:
2.1 Follow FXI'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 FXI's Program appear. Furthermore, Client may not alter or modify any designs or artwork FXI provides to Client.
2.2 Provide FXI with a valid user name and password for Client's subscription site permitting FXI 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.
2.5 All Us Residents are to provide a Federal Tax Id or Social Security number to Odyssey Enterprises, Inc. We will issue the 1099 form or the 1042-s form if you are from Outside the United States for payments of 500.00 us dollars or more per year.
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 FXI 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 FXI materials not expressly authorized by this Agreement.
4. Disclaimer: FXI 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 FXI's site(s); FXI 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. FXI shall not be held liable to you or any other person or entity, including users of FXI'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 FXI's services or Content. FXI is not liable for any direct, indirect, or incidental or consequential damages, including loss of business, loss of profits and the like.
5. Commissions: FXI Pays (choose which program at signup) 25% for life of the referred customers sales
or $25 USD per signup. For Upsells There is no payout for a
referred visit that has NOT actually purchased "TIME" from a
FantasyXtreme Web Site. You will receive a check within the first week of the month for all sales of the previous month. The minimum payout is 500.00 us dollars. Sales that don't meet the % dollar minimum will be held over till the next month's payout. 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 FXI's marks and remove FXI'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 FXI 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.
6.6 You also understand and acknowledge and agree that you way in any form misrepresent or mislead the cost of our membership, term of membership or the content of our membership.
6.7 Email spamming, but not limited to email, newsgroups or chatrooms, any instant messaging, will bring immediate closure of account and or accounts.
6.8 Unlawful activities such as unauthorized distribution of copyrighted materials, this includes photos, streaming video, or "Captured" photos, will result in immediate closure of account and or prosecution from legal authorities.
7. Rights Granted:
7.1 FXI grants to the person or entity, who is the owner/operator of an Internet site (hereinafter "site Operator") the non-exclusive right to place FXI's content on their Web site.
7.3 The rights granted herein shall be for reasonable, appropriate and lawful use only. FXI 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, FXI 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.fantasyxtreme.com/contentterms.html (this page) at any time for the current Terms and Conditions.
8.3 All Models are 18 years of age or older. The record that is required
2257 of title 18 (eighteen), United states code, with respect to these
services are kept by the custodian of records Odyssey Enterprises,
Inc,#8 Drobnera, Wroclaw, Poland, 51-507
8.4 The agreement shall be governed by and interpreted in accordance with the laws of California. You agree and acknowledge to submit to the jurisdiction of the courts of California, in connection with any dispute in regards to this agreement.
8.5 Both parties agree that this Agreement be construed neither for nor against either party on the basis of draftsmanship.
8.6 Both parties agree that this agreement is acceptable.
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