Terms
     
  You must carefully read the terms and conditions of this Site Partner Agreement before you can use (the "Program"). Becoming a member of the Site partner program shall constitute your acknowledgment and agreement that you have read and agreed to all terms hereof.

By completing the Sign Up/Registration, you agree to be bound by the following Terms & Conditions:		  
         
  1. AlwaysPhoneSex.com, (Us, Our, We, Site); you (Webmaster, Affiliate, Partner, You, Your). The individual(s) you advertise our product to (Client).  
         
  2. We provide:  
    a. One unique toll-free number for you to advertise. This number is only valid in the United States and Canada. If your traffic is outside of these areas, the telephone number will not work.  
    b. $100 Sign-up Bonus: Each new Webmaster will receive a $100 sign-up bonus. Your $100 sign-up bonus will be credited to your account once your total sales reach $200. Your first payout will include your $100 bonus. Limit of one sign-up bonus per Webmaster  
    c. Commissions are equal to 25% of all 1-on-1 and Chat sales with credit cards collected through your unique telephone number that we have provided. All accounting will be done by Us and will be availed to Webmasters on as close to real-time basis as technically possible except during downtime and other events.  
    d.

Payments will be made on the 30th of each month for the previous month period. The minimum payment amount is $50.00. If the commission does not meet $50, then that month’s commission will be rolled into the next month's commission check.

New Affiliates will be paid by the second month - not the first month. This helps us mitigate fraud.

  
    e. Fees: There are no fees other than what is listed below. We do not debit your account for chargebacks nor do we have a hold-back percentage. Other fees are:  
     
i.  Missing ACH Payment: It is your repsonsibility to contact us within 48 hours if you have NOT received your ACH payment. There is a strong possiblity that the wrong account was paid and we would need to attempt to retrieve that money. If we cannot retrieve your money, you will not be paid.  
     
 
    f. Disclaimer: Our services are provided "as is", and make no warranties, either express or implied, with regard to the performance of the link or the content of Site(s); We expressly disclaim 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. We shall not be held liable to you, or any other person or entity, including users of Our 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 Our services or content. We are not liable for any direct, indirect, incidental, or consequential damages, including loss of business, loss of profits and the like.  
    g. Disclaimer: You are not permitted to transfer or sell your telephone numbers to another party without permission of US.  
         
  3. You Provide:  
    a. Required data: You are required to enter your Federal Tax ID or Social Security Number on the application form if you are a United States business or individual. We will submit an IRS 1099 form for all US domestic businesses and individuals whose combined annual payments equal or exceed $600. All taxes are the responsibility of the Webmaster.  
    b. You warrant that you are not operating your business from, or doing business with, any entity that belongs to a RESTRICTED AREA as defined in section 3f  
    c. Restriction of Access: Upon entering into this Agreement, You and the Client understand and acknowledge that the live adult content being offered by the Us is adult-oriented and contains sexually explicit materials. Access to Our live adult content is restricted to adults over the age of 18, or of legal age in local jurisdiction. Access to minors is strictly prohibited and will not be tolerated. You are responsible for providing a warning page or age verification system in order to prevent access to minors.  
    d. Fitness of site. We do not accept any site containing illegal, unauthorized and/or unlicensed material. Any site that depicts child pornography, rape, violent acts, incest, or bestiality any of which are real or implied will be rejected. Sites found to be doing any of the above will have all commissions withheld and their partner account immediately terminated and added to our blacklist of unacceptable sites  
    e. We maintain a zero tolerance for spamming. No Unsolicited Bulk Email or spamming of any kind is allowed. This includes but is not limited to news groups, chat groups, email, instant messages, SMS, ICQ, IRC or Usenet. Sites found to be doing any of the above will have all commissions withheld and their partner account immediately terminated and added to our blacklist of unacceptable sites  
    f. Restricted countries (subject to change at any time): We do no accept Webmasters from Cuba, Iran, Iraq, Korea (North and South), and Libya. Any accounts found to be from these countries will be canceled and will not be paid.  
    g. 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 Us and Our 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 materials not expressly authorized by this Agreement, and to defend Us against any proceeding, at law or equity, civil, criminal or administrative, anywhere in the world, at your sole cost and expense, which arises from this Agreement or your relationship with the Us.  
         
  4. You agree that this license can be terminated or revoked at any time for any reason, or for no reason, upon notice by Us to You, and You agree upon receipt of such notice to immediately cease using all Program Materials and removing all such Materials and references to Company and/or its web sites from your web sites and any promotional, advertising or marketing materials of any kind. We reserve the right in their absolute discretion at any time to alter the terms of the Program, to make temporary changes in the terms herein, and/or to undertake campaigns applying special terms and conditions to all or only some of the Webmasters for a period of time or permanently.We reserve the right to 'take back' numbers and to terminate underperforming accounts - that is accounts with no sales in the past six months. Additinally any unpaid funds will not be paid to said underperforming affiliate.  
         
  5. Governing Law: Venue. The parties to this agreement recognize Internet commerce can occur anywhere in the world. The parties accordingly select the substantive law of the State of Pennsylvania within the United States of America to govern this Agreement. The exclusive venue for any litigation concerning this Agreement shall be the State and/or Federal Courts for and in Philadelphia County, PA, USA.  
         
  6. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Us to collect our fees and/or recover damages for, or obtain an injunction relating to, Our site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Philadelphia, PA, USA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction in Philadelphia, PA, USA necessary to protect the rights or property of you or us pending the completion of arbitration. Should You file an action contrary to this provision, We may recover from You attorney's fees and associated costs.  
         
  7. Changes: This Agreement can be changed at anytime without prior notice. It is your responsibility to check these Terms and Conditions frequently.  
         
  8. Termination: Either We or You may terminate at any time, without cause, the Agreement. We reserve the right to cancel this program at any time. We may terminate the Agreement due to any violation of any terms herein; We are the sole judges of what is considered a violation of The Agreement. If Your account is terminated for any violation, any payment due to You will not be released, and will be considered forfeit. You will no longer receive credit or be eligible for additional commissions. Immediately on termination, all banners, artwork or other property delivered to or received by Webmaster will be removed.  
    a. We reserve the right to terminate an account for lack of sales volume. We are the sole judges of what is considered a lack of sales volume. If your account is terminated for this reason, your telephone number will be reclaimed and possible reissued.  
         
  9. Unenforceability of provisions: If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.  
         
  10. No Agency: You are an independent contractor, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.  
         
  11. Non-assignability/theft of login: Your subscription may not be assigned or transferred to any other person or entity. Affiliate must promptly inform Us of any apparent breach of security. Until We are notified, by e-mail or by telephone, of any breach in security, Webmaster will remain personally liable for any unauthorized use of the site or its service. Webmaster is personally liable for, and shall defend, indemnify and hold Us harmless from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by you or with or under the authority of any other person or entity including governmental agency.  
         
  12. All materials on AlwaysPhoneSex.com, its associated websites, and its Affiliate Programs are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Sites' materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Subscribing to the site, and registering for affiliation, does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information. No representation is made that the materials available on the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If the Site enables you to share information with other Affiliates, you agree not to submit, publish, or display on the Program any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement. You agree not to engage in advertising to, or solicitation of other Affiliates to buy or sell any products or services through the Site without prior written consent. You are responsible for information they send, or display through the Site even if a claim should arise after termination of service. All messages shall be deemed to be readily accessible to the general public, and may be taped, monitored, or recorded. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can may be read by the operators of the Site, whether or not they are the intended recipient(s).  
         
  13. No nudity is depicted on AlwaysPhoneSex nor in its promotional tools, and thus records pertaining to the 18 U.S.C. 2257 Record Keeping are not required. AlwaysPhoneSex is not in any way responsible for affiliate websites or content.  
  14. We reserver the right to play audio announcements over our telephone lines as we deem appropriate.  
         
  15. We reserve all copyright and trademark rights, as well as in all intellectual property rights associated with the Site. Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned by Company, including, without limitation, any of its trademarks.  
         
  16. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.