Cybersex Network Sales Affiliate/LINKS PAGE POLICIES AND AGREEMENT TO TERMS AND CONDITIONS NOTICE: An applicant to be a Cybersex Network Sales Affiliate ("Webmaster") must be at least eighteen (18) years of age. All website operators who wish to become an affiliate and list their website(s) on the Cybersex Network Participating Links page(s) and search engine must agree to comply with the Sales Affiliate/Links Page Policies and Agreement to Terms and Conditions (Agreement) set forth below. If a webmaster violates these Policies or Terms and Conditions, your website will not be listed on the Cybersex Network Links Pages (or if listed, will be removed from the Links Pages), and, at Cybersex Network's sole discretion, the webmaster may not be approved to utilize the Cybersex Network Password Verification System. Please read these Policies and Agreement to Terms and Conditions carefully, if you agree to become a Cybersex Network Webmaster, these will constitute binding and enforceable Policies and Terms and Conditions between Cybersex Network (a service mark of Tri-Tech Internet Services, Inc.) and the participating Webmaster ("You","Webmaster"). In order for CyberSexNetwork.com agreement to list your website on the CyberSexNetwork.com Participating Links page and search engine, you represent to CyberSexNetwork.com and agree as follows: 1. That you are at least eighteen (18) years of age, or 21 in any state where 21 constitutes the age of majority, and you have the full legal capacity to enter into enter into this Agreement. 2. That you are solely responsible for selecting and providing any and all content, material, products, and/or services on your site; that CyberSexNetwork.com is not responsible for selecting or editing any of the content you place on your site; and that you agree to hold CyberSexNetwork.com harmless and fully indemnify CyberSexNetwork.com from any and all liability that may arise, either directly or indirectly, from any of the content on your site(s). 3. That no websites hosted on a free hosting service that does not permit adult content will be listed on the CyberSexNetwork.com Participating Links Pages. 4. That it is your sole responsibility to place your site in the appropriate Category of the Links Page(s), display the correct URLs to your Warning page where your CyberSexNetwork.com script is located or access to that script is located; that the description of your site must be accurate and that any deceptive information placed on a CyberSexNetwork.com Links Page by you for your site will cause your site to be removed from the Links Page permanently and without warning at the sole and absolute discretion of CyberSexNetwork.com. 5. That multiple sites owned by the same person or entity must be designed as individual sites, each containing its own individual Warning Pages and Content Pages, and that no website may be listed more than once on our Links Page under the same or different names. 6. That your basic CyberSexNetwork.com site must have a minimum of 30 pictures to be listed on our links pages. 7. That your Prestige CyberSexNetwork.com site must have a minimum of 300 pictures to be listed on our links pages. 8. That your site shall not link to any other site's images/pictures/logos/graphics, not owned or controlled by you, unless you have prior consent from the owners of that other site. 9. Webmaster Representations and Warranties. You represent and warrant to Cybersex Network and agree as follows: (i) that YOU shall be solely responsible for all decisions and all liability with respect to the selection and use of graphic, photographic, video, audio, literary content or any other content of any kind which is displayed or disseminated by and through YOUR websites; (ii) that YOU shall be solely responsible for all decisions and all liability relating to compliance with all state and federal laws and regulations governing the sale, distribution, dissemination and advertising of adult content which is displayed, distributed, sold or advertised in or through YOUR websites,; (iii) that YOU shall not display or include in YOUR websites any content that infringes one or more patents, copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy, publicity or other rights of any person or entity, or that violates any state of federal obscenity, harmful matter, child pornography laws or card association regulations; (iv) that YOU shall be solely responsible for obtaining and properly maintaining all records or information that may be required under the Record Keeping provisions of 18 USC 2257. 10 You further represent and warrant to Cybersex Network and agree that your site shall not display, publish, link to, or provide access to any images, pictures, stories, video clips or any other media portraying any content that is deemed illegal in the United States, or that violates the personal or property rights, such as, without limitation, the following: (i) any material that violates any State or Federal laws concerning obscenity; in connection therewith you agree to assume the sole responsibility and duty to ensure that all material on your Web Sites shall be transmitted exclusively to willing adults; you further agree that the content on your websites shall not contain any depictions of urination or other excretory functions, bestiality, fisting, incest, rape, sexual assault, actual physical violence, torture or disfigurement; (ii) any material that is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors; (iii) any material which constitutes child pornography, i.e., any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations (ANY WEBSITE FOUND TO POSSESS OR DISPLAY ANY CHILD PORNOGRAPHY WILL BE REPORTED IMMEDIATELY TO THE APPROPRIATE LAW ENFORCEMENT AGENCIES); (iv) any material which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of age regardless of the person’s actual age), or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc. (v) any photographic or other visual material that does not fully comply with the federal labeling and record-keeping laws, specifically 18 U.S.C section 2257; (vi) any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity; (vii) any material which constitutes an infringement, misappropriation or violation of any person’s intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights; (viii) any false, misleading, fraudulent or deceptive content; (ix) any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person. (X) No site will be accepted if it depicts the name, image or likeness of Alicia Silverstone, Britney Spears, Alyssa Milano, Angelina Jolie, Anna Kournikova, Barbara Mandrell, Caprice Bourket, Christina Aguilera, Cameron Diaz, Christina Applegate, Christina Ricci, Cindy Crawford, Denise Richards, or Drew Barrymore in any fashion. 10.1. You understand and agree that if Cybersex Network or a card association concludes, in its sole and absolute discretion, that a participating Web Site contains content that Cybersex Network concludes is illegal in the United States or that violates the personal or property rights of others, Cybersex Network has reserved the right, without prior notice, to remove the website and any of its content from its Links Page and to immediately terminate and de-activate the account of the participating Webmaster. 11. You agree that when and if your site is going to be temporarily unavailable, it is your sole responsibility to e-mail support at support@cybersexnetwork.com with an estimated length of downtime so Cybersex Network may arrange to keep your account open during the duration of your downtime. 12. You acknowledge that you understand that it is Cybersex Network’s policy and practice regularly to check the Links pages for bad links. If Cybersex Network comes across a site that we cannot access, or if we cannot locate the Cybersex Network script - that link will be removed from the Links pages. You further understand and agree that after a period of 60 days of inactivity, webmasters shall automatically lose claim on any reoccurring commissions owed to them, and that any commissions otherwise due to a Webmaster of an inactive site will thereupon automatically be forfeited and shall be the sole property of Cybersex Network. 13. You understand and agree that the name of your website on our Links Page must match the name displayed on your website. You may not add numerical or non-alphanumerical characters to your website name to get listed higher in the Links pages. You further agree that website names may be changed at our discretion. 14. You understand and agree that only sites using the Cybersex Network script on their site or a portion of their site will be listed on the Links Pages. 15. You understand and agree that if your Web Site is seen with blind links of any kind your website will be removed off of our links pages without warning. 16. You understand and agree that if your Web site is seen with blind links to the sign-up pages and Cybersex Network concludes, in its sole and exclusive discretion, that you are abusing our webmaster programs, your participation and listing in the Cybersex Network Webmaster Links Page and Search Engine will be immediately terminated by Cybersex Network without any prior notice to you. Upon such termination, you will lose all claims on any reoccurring commissions owed to you and any commissions otherwise due to you will be forfeited and automatically become the sole and exclusive property of Cybersex Network. 17. You understand and agree that websites that only participate in the Banner Program will not be listed on the Links Page. 18. You understand and agree that if Cybersex Network concludes you have broken or violated any of these policies, Cybersex Network reserves the right, in its sole and absolute discretion, to terminate your affiliation to the Cybersex Network program or network. Upon termination, you will lose all claim or right to any reoccurring commissions to which you might otherwise be entitled as an affiliate webmaster of the Cybersex Network program or network and all such commissions will be forfeited and automatically become the sole and exclusive property of Cybersex Network. 19. Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY’S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE, AND FURTHER INCLUDING INJURY TO PROPERTY, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. EACH PARTY ACKNOWLEDGES THAT THE FOREGOING PROVISIONS REFLECT AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT, THAT SUCH VOLUNTARY RISK ALLOCATION WAS A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE ECONOMIC AND OTHER TERMS OF THIS AGREEMENT WERE AGREED TO BY THE PARTIES IN RELIANCE ON SUCH VOLUNTARY RISK ALLOCATION 20. Either party shall be excused from delays in performing or from its failure to perform hereunder to the extent that such delays or failures result from causes beyond the reasonable control of such party, including, without limitation, acts of God, nature, any government agency(ies), war, civil disturbance, labor disputes or shortages, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities, or any other cause beyond either party’s direct control, including but not limited to, the issuance of an order by any regulatory, administrative, judicial or legislative prohibiting or interfering with either party from carrying on its day-to-day operations as contemplated under this Agreement. 21. Nothing in this Agreement shall constitute or be construed to constitute or tending to create an agency, partnership, joint venture, master-servant or employer-employee relationship between Cybersex Network and You, in any respect, any other provision of this Agreement notwithstanding. This agreement defines a sales affiliate relationship only. 22. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar). 23. Arbitration Provision, Governing Law, Consent To Jurisdiction & Venue. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Los Angeles in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of the State of California having jurisdiction thereof. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the choice of law provisions thereof. All aspects of all actions brought relating to the subject matter of this Agreement shall be governed by California law, without reference to the choice of law provisions thereof. 23.1 In the event that any claim or controversy regarding this Agreement is litigated in court, the parties hereto hereby consent to the exclusive jurisdiction and venue of the United States District Court for the Central District of California or the Superior Court of Los Angeles County for any action that may be brought in connection with this Agreement other than a cross-claim for indemnification brought in response to a claim of infringement filed in another court. In the case of a cross-claim for indemnification, Webmaster agrees to be subject to the jurisdiction and venue of the court in which the infringement claim is brought, provided that LFP is also subject to jurisdiction and venue in that court. 24. Each party to this Agreement acknowledges that this Agreement constitutes the entire Agreement of the parties with regard to the subject matters addressed in this Agreement, that this Agreement supersedes all prior or contemporaneous agreements, discussions, or representations, whether oral or written, with respect to the subject matter of this Agreement, and that this Agreement cannot be varied, amended, changed, waived, or discharged except by a writing signed by all parties hereto. Each party to this Agreement further acknowledges that no promises, representations, inducements, agreements, or warranties, other than those set forth herein, have been made to induce the execution of this Agreement by said party, and each party acknowledges that it has not executed this Agreement in reliance on any promise, representation, inducement, or warranty not contained herein. 25. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. 26. You may notify or contact Cybersex Network by email at legal@cybersexnetwork.com or telephonically at 1 (818) 548-8882. 27. We are not accepting any NEW Webmaster applications from the following countries… Russia, Indonesia, Armenia, Iran, Iraq, Turkey, Israel, Libya, Jordan, Ukraine, Belarus, Romania, Malaysia, Afghanistan, Pakistan, Lebanon, Netherlands, Yugoslavia, Belgium, Philippines, Equador, Lativa, Slovakia, Estonia and Vietnam.Register now and become a CyberSex Network Webmaster Instantly.