Terms and Conditions
This agreement is between You the Reseller (Client) and Odyssey
Enterprises, Inc (OdysseyCash), (OC), the operators of the
OdysseyCam website.
1.
Restricted Access:
Upon entering into this Agreement, You, the Client, understands
and acknowledges that the Content being offered by OdysseyCash
is adult-oriented and contains sexually explicit materials.
Access to OdysseyCam 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 OC
Program Clients must:
2.1 Follow OC'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 OC's Program appear.
Furthermore, Client may not alter or modify any designs or
artwork OC provides to Client.
2.2 Provide OC with a valid user
name and password for Client's subscription site permitting OC
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 OC
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 OC materials not expressly
authorized by this Agreement.
4. Disclaimer:
OC 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 OC's
site(s); OC 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. OC
shall not be held liable to you or any other person or entity,
including users of OC'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 OC's services or Content. OC is not
liable for any direct, indirect, or incidental or consequential
damages, including loss of business, loss of profits and the
like.
5. Commissions:
OC Pays 10% for closure of cash sales of the referred customers.
There is no payout for a referred visit that has NOT actually
purchased a product from the OdysseyCam website. All sales are
paid within 7 days of closure of sale. 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 OC's marks and
remove OC'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 OC 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 products, term of ownership or the
content of our websites for sale.
6.7 As a Reseller of OdysseyCam
products you are to only offer a name or “referral” there is no
deal making between the reseller and the customer without
written notification addressed and delivered by postal mail at
the address given below.
7. Rights Granted:
7.1 OC grants to the person or
entity, who is the owner/operator of an Internet site
(hereinafter "site Operator") the non-exclusive right to place
OC's banner or promotional material on their Web site.
7.3 The rights granted herein
shall be for reasonable, appropriate and lawful use only. OC
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, OC 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.
8.3 All Images on our websites
for sale are Models 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, at the office of the publisher at the
following location 35 39 Bradshaw Rd, suite B #221,Sacramento,
California, 95827 USA.
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.
OdysseyCash
3539 Bradshaw Rd, Suite B, #221
Sacramento, California, 95827
U.S.A
Corporate Office:
1-888-399-8941
Email:
webmaster@odysseycash.com
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