This is an agreement between you, the affiliate joining the Gaybucks/MRC affiliate program. ("You" or "Webmaster") and MRC., a California corporation, the sponsor of the affiliate program ("Gaybucks" or "Us") to participate in the Gaybucks Affiliate Program ("Program") to promote Our websites and properties on websites or properties owned, controlled, or operated by You ("Your Websites").

In consideration of the mutual covenants set forth below, and the compensation described below, the adequacy of which both parties acknowledge, You and Gaybucks agree as follows:

A. Gaybucks agrees to grants to You:
1. The nonexclusive right to direct, refer, or send visitors or users of Your Websites to any and all websites owned, operated, or controlled by Gaybucks.

2. A limited nonexclusive, nontransferable, and revocable license to access, download, and display on one or more of Your websites the promotional banners, galleries, ads, photos, videos, and other promotional materials created or made available by Gaybucks ("Materials"), provided that they are used exclusively in connection with the Program, and solely with the intention of creating sales for Our websites. This license may be revoked by Us at any time with 24 hours notice via email, and the right to use Gaybucks content terminates upon notice from us.

B. You agree to grant and warrant to Gaybucks:
1. That You will use use only the Materials supplied by Gaybucks, in unmodified form, to promote Our websites, unless you have received written permission from Us (via email) to use other materials or modified materials.

2. That You will not use any form of mass, unsolicited electronic mail solicitations, news group postings, IRC postings, website message board spamming, SMS or cell phone messaging, or any other form of unsolicited commercial mail or communications ("Spamming") as a means of promoting either Your Website or Our Program, or for the purpose of directing or referring users to any websites owned, operated or controlled by You. You agree that Gaybucks, has the right to immediately, and without notice, terminate your participation in the Program if We, in our sole and exclusive discretion, determine that you have engaged in any form of Spamming.

3. That You will not, directly or indirectly, link or display on Your Website, or link or cause to be linked to Our websites any of the following content:

  • Obscene material, or material that a typical adult webmaster might construe to be obscene.
  • Materials displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors
  • Materials in which persons who are or who appear to be under the age of eighteen are depicted in any way that could be considered remotely suggestive, questionable, sexual, or otherwise offensive or in any way injurious to the child.
  • Materials not in full compliance with 18 U.S.C. Sec. 2257 et seq, including changes implemented as of June 23.2005 and in accordance with USC 4472 and 2257A;
  • Any material which constitutes child pornography or any matter which involves depictions of nudity or sexuality by a performer who appears to be under legal age, or by a performer who is portrayed, marketed as, or made to appear to be, a person under eighteen (18) years of age by virtue of the script, make-up, demeanor, costuming, setting, etc, of such material, including material that Gaybucks staff may reasonably infer to have models of questionable age, regardless of any materials ostensibly authenticating age
  • Any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity
  • Any material which constitutes an infringement, misappropriation or violation of any person or entity's intellectual property rights, such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or any other rights; or
  • Any program, file, data stream, or other material which contains, links to, calls, or otherwise allows access to viruses, worms, "Trojan Horses," "malware", "adware" or "spyware", as those terms are commonly understood by experienced IT or web professionals, or any other destructive feature, regardless of whether or not damage is intended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person.

4. That all materials of every kind, including, but not limited to, photographic, video, audio and textual materials used in direct or indirect association with materials provided through the Program will only be transmitted, broadcasted and otherwise distributed by You to willing adults and only into communities in which such content is legal, and that the materials so transmitted shall at all times comply with contemporary community standards in the communities into which they are so distributed.

5. That You will remain a participant in the Program unless You terminate participation in the Program by notifying Us here , of Your intent to terminate; or unless Your participation in the Program is terminated by Us for any reason; or the Program itself is terminated for any reason.

6. That You will remain a Program participant in good standing at all times while You are receiving benefits or are otherwise participating in the Gaybucks Affiliate Program.

7. That You will cease to be a Program participant in good standing and shall be subject to immediate termination of all Benefits without prior notice if You fail to perform under, or breach, any part of this Agreement.

8. That if Your participation in the Program is terminated for any reason, or You cease to be a Program participant in good standing, or You change Your Website's URL, or You cease to offer services on the Internet, then You will immediately and permanently cease all use of any and all Materials and you willl remove all files containing any of the Materials from your website.

9. That You are a person over the age of eighteen (18) years, or if the entity joining the Program is a corporation or other business entity, that the person agreeing to the terms of this Agreement is a person over the age of eighteen (18) years of age and has the legal right and capability to contract on behalf of the Entity to join and agree to the terms of the Program.

10. That You will supply Us with your U.S. Federal Taxpayer Identification Number or Social Security Number when requested. Failure to supply this information will constitute a basis for termination of this Agreement and for forfeiture of any commissions and/or fees to which you would otherwise be entitled under this Agreement.

11. That You will only link to Our Websites from English language websites unless you receive written permission to promote a site written in another language. We reserve the right to suspend or terminate Your participation in the Program and You agree to forfeit any pending revenues if you violate this paragraph of the agreement.

12. That You will link only to the initial page of any tours provided for Your use by Us, and to no other pages on our website unless you have received permission in writing from Us. Linking directly to the join page is strictly prohibited and will result immediate supension or termination of your participation in the Program without notification to you.

13. That any warranties, indemnities and obligations, You have made to Us which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.

C. Gaybucks Program Benefits
For each paid subscription to one of Our Websites that is tracked and verified as a "referral" from Your Website to Our Website, You will be paid a fee ( "Referral Fee") according to the following terms and conditions:

1. Allowable Referrals. A "referral" from Your Website, which entitles You to a "referral fee," shall be defined as follows: Any person who successfully purchases a paid subscription to one of Our Websites who has been directed to one of Our Websites. either through the use of a hypertext transfer link residing on Your Website in the form of a banner ad, text link, or other promotional link that automatically connects any person who clicks on said banner ad or other promotional link to one of Our Websites and contains Your affiliate link, or through the use of a hyptertext transfer link residing in our hosted galleries that contains Your affiliate link. The ad or materials used to generate the referral must be from the Materials we made available to You, or as We otherwise approve in writing prior to their use.

2. Non-permitted referrals. You willl not be entitled to a Referral Fee for any paid subscription arising from a link or referral provided by You in violation of any of the terms of this Agreement, or from any subscription which We in our sole and exclusive discretion determine or suspect to be the result of fraudulent activity.

3. Non-US Webmasters. Unless otherwise specifically authorized in writing by an officer of Gaybucks, Gaybucks does not accept webmasters who are citizens of, or reside in, the following countries: Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, and Yugoslavia. Affiliates from these countries who sign up for the Gaybucks program in violation of this policy will have their accounts terminated and any monies earned forfeited.

4. All commissions and referral fees paid, and any commission rates quotes, are net after deduction of processing fees (meaning, in the case of a rev-share program and a $20 sale, if the processing cost is $3, Gaybucks will split the $17 net fee with You based on the terms of the program you have signed up for.) Commissions and referral fees due and payable hereunder shall be payable in United States currency, and You shall cover any cost of payment, including wire fees, processor charges, Epassporte or Paypal fees, and the like. Commissions and referral fees are paid to You directly by Our payment processor, and all liability for payment resides with Our payment processor.

5. Gaybucks reserves the right to set and change minimum payouts from time to time, and/or to change the payout method or payment processor. If Gaybucks increases the minimum payout, You can, within 30 days of Gaybucks making this change, request that all funds currently owed to you be paid, but Gaybucks reserves the right to terminate your participation in the program, and in such event, You will forfeit any monies earned, if you do not send adequate traffic to meet the minimum payout at least once every 12 months.

D. Other Terms and Conditions
1. Only persons over the age of eighteen (18) years and/or corporations or other legal entities owned by stockholders over the age of eighteen (18) may participate in the Program.

2. Gaybucks at all times has the right, in its sole and exclusive discretion, to terminate the Program and/or any and all benefits relating to Your participation in the Program at any time, and may do so with or without prior notice or cause. If your participation in the Program is terminated by Gaybucks, your right to use of any Gaybucks assets, or to any bounses, payouts, or other benefits, are also terminated.

3. Gaybucks, in its sole and exclusive discretion, may change or modify the Program at any time, including, without limitation, the method of payment, the commission structure, pay scale, and frequency of payment.

4. The license to use the Program Materials applies only to You and is not transferable by You without Our written permission.

5. Gaybucks retains all rights of copyright, trademark, service mark, use, reuse, reproduction, and any and all other intellectual property and related rights, whether or not currently defined by law, in all Material it licenses to You.

6. "Gaybucks", "BoyFunk", "StraightBoySecrets", "BoySecrets", SkylerDeVoss ", "JeffCruise", "AJsCloset", "BoysFeetClub", "CuteDaveyBoy" and any other site names or company names used by Gaybucks or MRC are service marks and/or trademarks of MRC. All rights reserved. Nothing herein shall be understood as a grant or assignment of any rights in any intellectual property owned, including, but not limited to, any of its trademarks or service marks.

7. You specifically acknowledge and agree that you shall not modify, edit, resize, redact, or otherwise change any of Our names, file names, trademarks, design logos, banners, ads or other material for any purpose whatsoever without written permission from Us. You further acknowledge and agree that any such change or changes will be a material breach of this Agreement and shall constitute an infringement of Our copyrighted and/or trademarked intellectual property.

8. Gaybucks will make best efforts to ensure reliability of Our Websites, but is not responsible for financial losses due to bandwidth or other technical problems.

9. Gaybucks will not pay any referral fees, if We believe, in our sole discretion, that You are participating in, or otherwise referring to Us traffic that is based on or arising from fraudulent means or from marketing in violation of the terms of this Agreement. Activities that would be considered fraudulent include, without limitation:

  • Use or attempted use by the subscriber of a credit card number or BIN number listed in a negative data base
  • Multiple subscriptions from a single IP address within a short period of time, other a single subscription to each of several Gaybucks websites.
  • Sequential or multiple subscriptions under different names or variations of the same name, using the same credit card number, or sequential names or patterns of names, using different credit card numbers
  • A pattern of "bursting subscriptions" characterized by numerous subscriptions from a website in a relatively short time span (the "bursting period"), where there has been a history of few subscriptions from that website before, or after the bursting period, unless adequately explained in writing to Gaybucks satisfaction.
  • Multiple attempts to register or subscribe using a credit card, using the same bin number and sequential or multiple number strings to complete the credit card number.
  • Where the subscriber or subscription originates from a country deemed solely by Us as a high fraud risk country;

Gaybucks has the right, in its sole discretion to expand or modify the definition of possible fraudulent activity at any time. We reserve the right to terminate any affiliate who repeatedly sends an unusually high percentage of fraudulent or questionable traffic.

10. Gaybucks has the right to deny or withhold payment from You and terminate Your participation in the Program if an abnormal number of charge backs or cancellations of memberships or subscriptions arise from traffic referred by You to Us. We have the right, in our sole discretion, to determine what constitutes an abnormal number of charge backs or cancellations of memberships or subscriptions.

11. Nothing in this Agreement is intended to create or constitute a joint or collaborative venture or partnership of any kind between You and Us, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between You and Us, our employees, agents, contractors, owners, successors, or assigns. We shall have no control or ownership interests of any kind in Your business or Your Website, and You shall not have any financial or other interest in Us, or any property owned by Us, our affiliates, owners, agents, contractors, successors, or assigns.

12. You acknowledge and agree that We have no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by You on, at, or in association with Your Website, except as specifically set forth in this Agreement.

13. You further acknowledge and agree that neither Gaybucks nor any employee, associate, agent, assign or successor of Gaybucks shall exert or provide any direct or indirect control over, monitoring of, supervision of, prior approval of, or review of, the content appearing or otherwise distributed on, at, or in association with Your Website, and that You shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content on or through Your Website.

14. You acknowledge and agree that Gaybucks is making no guaranties or warranties of any kind with respect to the Program or materials provided by, through or in association with, the Program. All materials are provided to you "as is", and any use of the Program and any associated materials, is solely at Your own risk. Gaybucks disclaims all warranties, either express or implied including, without limitation, express or implied warranties of merchantability and fitness for a particular purpose, with regard to theProgram and any and all materials of every kind supplied to You as part of the Program.

15. You acknowledge and agree that under no circumstances shall Gaybucks, its employees, independent contractors, authors, agents, representatives, assigns and successors be liable to You, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) with regard to any link to any of Our Websites, or arising from, or in connection with, the use of the Program Materials, or due to any mistakes, omissions, delays, errors, or interruptions in the transmission or receipt of Our services, content or Materials, including, but not limited to, any losses due to technical faliures or ncorrect placement of any HTML coding or affiliate codes or code translations.

16. Notwithstanding the foregoing express limitations of liability, you acknowledge and agree that should Gaybucks., its officers, employees, successors, or assigns be held liable to You for damages, injuries or losses of any kind, directly or indirectly resulting from Your participation in the Gaybucks Affiliate Program, that the total dollar amount of liquidated damages for any and all of Your claims, injuries, damages or losses shall not exceed a total amount of ten dollars ($10.00).

17. You confirm and acknowledge that You have unilaterally decided to enter an Internet service business and acknowledge that it is a high-risk business. You further confirm, acknowledge and expressly agree that neither Gaybucks nor any agent or representative of Gaybucks, nor any other person has, at any time in the past, represented to You, or otherwise directly or indirectly communicated in any manner to You, any guarantee, reassurance or any other communication of any kind regarding the potential profitability or likelihood of success of Your participation in the Program as set forth in this Agreement or otherwise. There is no possibility or likelihood that use of any products and/or services provided pursuant to this Agreement can or will result in the refunding of any funds expended by You for the promotion of Your Website or for any other purpose. Gaybucks. makes no representations as to the existence, nonexistence, size or any other characteristics of any market for any products or services which involve Your participation in the Program pursuant to this Agreement.

18. You, the Webmaster, expressly acknowledge and agree that the success of any of Your business endeavors which involve Your participation in the Program pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of advertising and promotion, Your administrative capabilities, etc., and that the ultimate success or failure of Your business rests with You and not Gaybucks. You further expressly agree not to raise any claim of any kind against Us. with regard to the Program and You agree to hold Us. harmless from any claim of loss to You directly or indirectly resulting from Your decision to participate in the Program pursuant to this Agreement.

19. Gaybucks shall not monitor, supervise, review, or be responsible for any content appearing or otherwise distributed on, at, or in association with Your Website except for that content which is supplied to You by Us, provided that said content has not be altered or modified by You or any other party.

20. You acknowledge and agree that, as an affiliate with a business relationship with Gaybucks, you will not do anything to disparage, besmirch, damage, defame, or otherwise attempt to damage Gaybucks reputation. Such actions include, without limitation, promoting Gaybucks sites inappropriately, spamming, using deceptive or misrepresentative advertising, making disparaging or negative statements about Gaybucks programs publicly or privately to other individuals, message boards, industry publications, or any other place, promoting Gaybucks sites alongside sites whose content is such that a reasonable person might question the legality of the content, or any other acts that, in Gaybucks' sole opinion reflects negatively on Gaybucks or on its sites. In such case, Gaybucks reserves the right to terminate Your participation, and any income, payments, licenses, rights, or other benefits to which You would otherwise be entitled, without any advance notice, and for whatever reason.

21. This Agreement constitutes the entire agreement between You and Gaybucks with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.

22. You acknowledge and agree that We may, from time to time and in our sole and exclusive discretion, modify the terms and conditions and the type and quality of benefits provided to You hereunder, at any time either upon e-mail notice to You or by a posting on the Gaybucks website.

23. You acknowledge and agree that no modification of this Agreement by You, Your employees, representatives, agents, assigns or successors shall be enforceable or have any effect unless fixed in writing and duly signed by an officer of Gaybucks.

24. You acknowledge and agree that no officer, employee or representative of Us has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof, which is not contained expressly in this Agreement. Furthermore, You acknowledge and agree that You have not executed this Agreement in reliance upon any such representation or promise.

25. You are aware of any Federal, State, Provincial, or Local laws, regulations, or policies relating to adult content, obscenity, and the legality thereof. Further, you are aware of the recordkeeping requirements that You have as a Secondary Producer under the requirements of USC 4472 and 2257A for any sexually explicit, simulated sexual content, or other content covered under USC 4472 or USC 2257 or 2257A, and recognize that Gaybucks does not provide copies of model documentation or other 2257 records to affiliates. Therefore, You recognize that to comply with Federal regulations, you must only use Gaybucks hosted banners or galleries, or other content hosted on Gaybucks gallery server, or specifically provided to you by Gaybucks and described as "non-explicit." (However, Gaybucks makes no warranty or representation as to the legal standing for exemption from 2257 of any of the materials so provided.) Any other use of Gaybucks content is in violation of this Agreement and done at your own legal risk, and Gaybucks reserves the right to terminate Affiliates who are in violation of these regulations, regardless of whether their sites are located inside or outside the US. Gaybucks strongly advises consulting an attorney familiar with USC 2257, 2257A, 4472 and first amendment-related issues.

26. You acknowledge and agree that the failure of Gaybucks to enforce any of the specific provisions of this Agreement shall not preclude any further or future enforcement of such provisions or the exercise of any other right hereunder.

27. You acknowledge and agree that all promises, obligations, duties and warranties made by You in this Agreement are personal to You and/or the business entity that You are entering into this agreement on behalf of, and that neither these obligations, duties, and warranties, nor any benefits hereunder, may be assigned by You to any other person or entity.

28. You acknowledge and agree that We. may at any time, and without prior notice to you, freely assign all or part of Our duties, obligations and benefits hereunder.

29. The parties have each entered into this agreement in good faith, and agree to work together in a cooperative fashion for their mutual benefit. In the event of dispute, the parties will first seek to resolve the dispute through communications and discussion. If no resolution is forthcoming after a reasonable period of attempting to negotiate a solution acceptable to both parties, the parties agree to the use of an impartial community mediator to asist in resolving the dispute. If the dispute is still not resolved, or if You refuse to participate in community mediation, the parties agree that for matters under $5,000, a small claims action in Placer County, CA may be used to decide the matter. For matters over $5,000, the parties agree to use binding arbitration, with an American Arbitration Association approved arbitrator, as the sole means of resolving disputes under this agreement, with the costs of arbitration borne by the losing party.

30. This Agreement shall be interpreted and enforced in accordance with the laws and courts of Placer County, California. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of this Agreement. The parties have each read this Agreement, sought clarification on any portions that are unclear, and understand all of the terms and expectations it contains. This Agreement shall not be construed for or against either party on the basis of draftsmanship.

31. Gaybucks strongly advises 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, that all terms have been fully disclosed in writing, and You have been given a reasonable chance to seek advice of independent counsel with respect to this Agreement and all transactions associated herewith.

30. Notices. Notices from Gaybucks to Affiliates may be given by means of electronic messages (email), by general posting on the Website, or by conventional mail. Communications from Affiliate to Gaybucks may be made by electronic messages (email) or conventional mail, unless otherwise specified in this Agreement.

All notices to Gaybucks sent by electronic mail shall be sent through the Gaybucks ticket system .
Notices are deemed received 24 hours after being sent, regardless of any automated acknowledgement bearing an earlier timestamp.

Notices from Gaybucks shall be deemed delivered 12 hours after being sent by Gaybucks to Affiliate; notices of changes or modifications to this Agreement shall be accepted by Affiliate upon the first use by Affiliate of Materials provided in the Program, or by the sending of any referral hit, link, or traffic after such notice was sent; and, such acceptance of a change or modification shall be deemed to relate back to the date such change or modification was originally sent by Gaybucks.

31. In accordance with the terms of the Electronic Signatures in Global and National Commerce Act and/or the Uniform Electronic Transactions Act, the parties agree that this document can be executed by electronic signature, and that the electronic signature shall be as binding as a written signature in determining enforceability of this agreement. By clicking on the "SUBMIT" BUTTON on the Sign-Up Page of the Gaybucks affiliate program, and by supplying Us with the information needed to join the Program, You are digitally signing this agreement with the same force and effect as if you had signed it in person, and You are agreeing to all of the terms, conditions, promises, warranties, duties and obligations set forth in this Agreement herein.

 

18 USC 2257 Record-keeping Compliance Statement
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