PeekShows.com and Broadcasting Concepts, Inc., a Nevada corporation (collectively, "PeekShows.com"),
and ________________________________, with a primary address at ____________________________
("You"), enter this agreement upon the date on which Your registration is
BY SUBMITTING REGISTRATION INFORMATION, YOU ARE PROVIDING EVIDENCE OF YOUR
AFFIRMATION THAT YOU ARE 18 YEARS OF AGE OR OLDER AND EXPRESSLY AGREE AND
CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. BY
SUBMITTING REGISTRATION INFORMATION, YOU CONFIRM THAT YOU AGREE TO CONDUCT
LEGALLY BINDING TRANSACTIONS WITH PEEKSHOWS.COM BY ELECTRONIC MEANS AS SET
FORTH IN NEVADA REVISED STATUTES SECTION 719 ET SEQ. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT NOT ACCESS,
USE OR INSTALL ANY PART OF THE SERVICE. YOU ARE ENCOURAGED TO
PRINT THIS AGREEMENT FOR YOUR RECORDS.
Terms, Definitions and Interpretations
a) Definitions. The
following terms shall have the following meanings in this Agreement:
Policy" shall mean the document setting forth the policies of PeekShows.com
regarding the collection, retention, and use of the personal information
of those that use the PeekShows.com site.
ii) "Members" are
users of the PeekShows.com that access the PeekShows.com site.
iii) "Webmaster" shall mean any company or person that
owns and operates an Internet web site, has a webmaster account with PeekShows.com,
and provides a link to the PeekShows.com web site.
iv) "Site" shall mean the PeekShows.com web site.
v) "Qualified Link" shall mean code provided by PeekShows.com
that contains a hyperlink to PeekShows.com that contains your individual
WM Code. Any change you make may cause the tracking to no longer function
correctly; if the HTML code has been altered in any way, we may not be able
to credit you for the sale and shall not be considered a Qualified Link. Do
not alter any code provided unless specifically instructed to do so.
References. References to a "Section" shall be deemed references to
an enumerated section of this Agreement.
References. References to a "Subsection" shall be deemed references
to labeled Subsection of this Agreement.
d) Reference and Convenience of Labels. Section
headings and Subsection labels are used for convenience and referential notation
only and shall have no interpretative effect or impact whatsoever.
Personal Information. In order to become a Webmaster, you
hereby agree to initially provide, and continuously maintain, information
about you and your company. The type of information you must supply
is on the Webmaster registration form and Webmaster maintenance page. Such
information includes, but is not necessarily limited to, your name, your
company's name, your personal or business address, your payment information,
your phone number, your age, and other information. PeekShows.com
reserves the right to require you to provide proof of information and that
you are eligible to participate prior to granting access.
Obligation. Once you have selected and been allocated a unique
username, password and/or PIN or other appropriate security code ("Identifiers"),
it is your responsibility to keep these Identifiers secure and confidential.
Some or all of these Identifiers are required to access certain areas of
the Site. In the event that you are concerned that they are no longer secure
and confidential, you should immediately notify PeekShows.com by sending
an e-mail to webmaster@PeekShows.com,
whereupon new Identifiers may be selected and allocated.
Transfer. Your account is not transferable. Under no circumstances
shall you allow or permit any other person or third party, including, without
limitation, any person under the legal age, to view uncensored and unrestricted
content. Any person found to have violated this section may be reported to
the relevant authorities.
c) You Are Responsible. You agree to be
solely responsible for all use of the Site through the use of
any of your Identifiers (except where you have notified PeekShows.com as
provided above), and you agree to indemnify and hold harmless PeekShows.com,
along with its parent company, affiliates, managers, agents and directors,
for any and all claims, losses, liability, damages and costs (including lawyers'
fees and expenses) arising from such use.
It is the responsibility of the webmaster/affiliate to make
sure that the wmcode is placed and working accurately within all promotional materials.
4) Webmaster Code / WM Code
of WM Code. When you have successfully established your Webmaster
account, you will receive a signup code (the "WM Code"). The WM
Code is used to identify your members when users sign up.
b) WM Code Tracking Cookie.
When you refer customers to PeekShows.com with your WM Code, a 180 day tracking cookie is placed on the
customers computer containing your WM Code. If that customer does not sign up during that first initial visit, yet
returns without any other WM Code at a later date (up to 180 days from the customers last visit) and then signs up, your WM
Code will be marked in the new customers account the same as if the customer had just initially visited with your WM Code.
means gross amounts received by PeekShows.com from sales of service(s) to
customers through a Qualified Link, less (i) refunds, allowances, and any
discounts; (ii) return credits, refunds, chargebacks and cancellations; (ii)
sales or excise tax levied on retail sales made through the Qualified Link;
and (iii) any shipping and handling charges if applicable. Commissions are
paid on only those products and services featured in the applicable Qualified
Link. PeekShows.com shall have the sole right and responsibility for processing
all orders made by customers. Webmaster acknowledges that all agreements
relating to sales to customers shall be between PeekShows.com and the customer.
All determinations of Qualified Links and whether a commission is payable
will be made by PeekShows.com and shall be deemed conclusive.
Affiliates must have at least one Qualified Link active at all times on an approved
web site in order to qualify for commissions.
$100 Signup Bonus
All new webmasters are awarded $100 for signing up as a PeeksCash.com webmaster. The bonus is payable once you earn $100
in commissions. Bonus will be paid with your first commission check. This is a limited time offer and can be withdrawn
at any time.
Basis for Compensation / Commissions. Your
compensation is based on token purchases of Members that sign up for service
under your WM Code.
FREE LIVE NUDE CHATS WITH NO UPSELLS: No commissions
BANNER TO LIVE NUDE CHATS WITH UPSELLS - You will receive twenty percent
(20%) for each token purchase of a member that you referred with a Qualified
Link as long as you are an active affiliate.
WEBMASTER REFERRAL - You will receive 25% of the 20% commission which the direct webmaster you referred generates in customer
sales. This amount of 25% of the 20% equates to 5% of the overall sale cost. This amount will be paid to you monthly
with your normal webmaster commission check, and you can track your commissions anytime, realtime through the 'Stats' area
of Compensation. Compensation shall be calculated on a monthly
calendar basis (the "Compensation Period") and shall be payable thirty (30)
days after the termination of the preceding full calendar month. Checks
are sent on the 5th of every month.
to Receive Compensation. Compensation will be paid to by check
and sent to your mailing address on file. You hereby agree that
the receipt or acceptance by you of any compensation shall act as an acceptance
of the compensation payment in full, and shall act as an affirmation by you
that the compensation amount is true, accurate and complete, and that you
waive all past, present and future claims regarding or related to the compensation. Payments
under $100 shall be held over until such time as the amount owed you is over
the $100 minimum payout. All revenues will be disbursed in US Dollars.
Payments can be made by check, epassporte or wire transfer. $50.00 Wire Transfer Fee Will Be Deducted From Commissions
c) Payment Disputes. Prior to invoking
an arbitration or any other dispute resolution action based on or related
to your compensation or payment of your compensation, you agree to notify
PeekShows.com by e-mail at webmaster@PeekShows.com of
such a problem. You agree that PeekShows.com shall have no less
than thirty (30) days to investigate the matter, and that you shall negotiate
in good faith for an additional ninety (90) days to resolve the matter with
PeekShows.com. If at the end of this period there is no satisfactory
resolution and you wish to pursue the matter further, then you hereby agree
that the dispute resolutions procedures set forth in Section 15(f) of this
Agreement shall be instituted.
Suspension / Termination
Accounts that are suspended or terminated will forfeit any and all commissions.
Right To Cancel. PeekShows.com reserves the right to refuse
or cancel your registration and/or account for any reason whatsoever at any
time with or without notice to you.
Accounts. If there is no activity in your account for a period
of sixty (60) days, PeekShows.com may consider your account inactive. In
such an event, PeekShows.com may or may not contact you through the e-mail
address you provide to PeekShows.com during the registration
process. New user memberships constitutes activity.
Your account may be suspended/terminated with/without notice if you and/or
violate any law, statute, ordinance or regulation or promote illegal activities
including but not limited to any material depicting bestiality, rape or torture,
copyright/trademark infringement, privacy and 18 U.S.C. Section 2257.
- contain any content that promotes violence or discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age or is
defamatory, hateful, abusive and/or harassing.
- attempt to mislead or defraud in any way
- use peekshows / peekscash promotional material for any other purpose than promoting sites utilizing peekshows network
models. This is considered copyright infringement.
- any misrepresentation of our site(s), including but not limited to, misrepresenting
any cost and benefits
- contain or promote harmful or indecent content to minors;
- contain any form of content in which persons under the age of eighteen
are depicted in actual, simulated or suggestive sexual situations including
someone who looks younger than 18 years of age and/or by a performer who
is portrayed or made to appear to be a person under the age of 18 years of
- contain any form of viruses, worms, "Trojan horses" or any other destructive
- send any form of unsolicited e-mail (junk/spam/bulk), file, or other unsolicited
Free content may be provided to promote PeekShows.com. Free content can be
used for that purpose only, and only for advertising online on the internet.
Once you have stopped promoting PeekShows.com or your account has been terminated,
you must remove all free content from your site(s).
May Change or End. PeekShows.com reserves the right, in its
sole discretion, at any time and without notice to you, to add, alter or
discontinue services offered on the Site without creating any obligation
Must Obey Guidelines and Rules. When using the services on
the Site, you agree that you are subject to any guidelines, policies or rules
applicable to such services, which may be posted from time to time. All such
guidelines, policies or rules are hereby incorporated by reference into these
Terms. You fully accept that all computer instructions and responses sent
over the Internet to and from PeekShows.com and/or through use of software
will be binding on you.
c) Telecom and Access Fees. You are solely
responsible for obtaining access to the Site and that access may involve
third party fees, including, without limitation, Internet service provider,
telephone, cable or airtime fees. You are solely responsible for
those fees, including those fees associated with the display or delivery
of advertisements. In addition, you must provide and are solely responsible
for all equipment necessary to access the Site.
d) Behavior & Responsibility
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of any Site or use of any portion of the Site for any commercial purposes.
agree that PeekShows.com is not, and shall not be, responsible for any damage,
loss, or injury resulting from hacking, tampering, or other unauthorized
access or use of any PeekShows.com site or your account.
iii) You agree that your web site with a link to PeekShows.com
must not and shall not contain or communicate information or content that: (i)
violates the rights of any other party, including but limited to, intellectual
property rights and rights of publicity; or (ii) may reasonably be interpreted
as misleading, fraudulent or false.
iv) You acknowledge and agree that you are subject to the
laws of the country, state, city or other legal entity (collectively "Jurisdiction")
in which you reside and/or from which you access the Site. You
hereby agree to abide by all laws, regulations and ordinances of your Jurisdiction. You
hereby agree that it is your sole responsibility to comply with all laws,
regulations and ordinances of your Jurisdiction, including, but not limited
to, all laws, regulations and ordinances in your Jurisdiction regarding,
zoning, decency, taxes, violence, speech, commercial practices, and criminal
v) You agree not to capture, archive or otherwise store
any content from the Site or Service.
vi) You agree that you shall not circumvent any copyright
protection mechanism or technology on the Site or related to the content
served by the Site.
vii) You agree not to send any unsolicited email
and that any and all email campaigns are in accordance with. CAN-SPAM Act.
Errors. You acknowledge that full freedom from errors and
incompleteness is impossible to achieve with respect to computer software.
If you become aware that the software contains any error, or is incomplete,
you shall immediately notify PeekShows.com by e-mail at <email@example.com>.
f) Monitoring. You
acknowledge and understand that the United States federal government has
recently enacted laws, and may enact additional laws, that grant law enforcement
officials expanded authority to monitor your online communications. PeekShows.com
intends to comply with all requests from United States law enforcement officials
for keeping records, reviewing records, access to the Site, and monitoring
of the Site. You acknowledge and agree that PeekShows.com has
no obligation to notify you of such activity at any time.
Party web sites and Content
Sites Are Not Our Responsibility. This Site may link you to
other web sites, which may contain information or material that some people
may find objectionable. These other web sites are not under the
direct control of PeekShows.com, and you acknowledge that PeekShows.com is
not responsible for the accuracy, copyright compliance, legality, decency
or any other aspect of the content of such web sites. You further
acknowledge and agree that PeekShows.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such third party content,
goods or services available on or through any such web site.
Secrets. You hereby affirm and agree that you shall not disclose
any of your trade secrets or confidential information to PeekShows.com. You
hereby affirm and agree that you shall not disclose any trade secrets or
confidential information of anyone else to PeekShows.com.
USE OF THIS SITE IS AT YOUR SOLE RISK.
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THIS SITE ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR
YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, PEEKSHOWS.COM, ITS SUBSIDIARIES, AND ITS LICENSORS
DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT
THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM SUCH DOWNLOAD.
c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PEEKSHOWS.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS.
of Liability. IN NO EVENT SHALL PEEKSHOWS.COM, ITS SUBSIDIARIES,
OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES,
THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED
ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES
WILL PEEKSHOWS.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING
FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR
YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY
SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PEEKSHOWS.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Remedy. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS
OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL
BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT
AND RECEIVE LIQUIDATED DAMAGES NOT TO EXCEED ONE U.S. DOLLAR ($1.00).
14) Indemnity. You agree to defend, indemnify
and hold harmless PeekShows.com and its parent, subsidiaries, agents, managers,
and other affiliated companies, and their employees, contractors, agents,
officers and directors from all liabilities, actions, claims and expenses,
including legal fees, asserted by any third party, governmental body or governmental
agency, arising out of or relating to: (a) this Agreement; (b) your use of
the Site, including any content, information, data, or work transmitted or
received by you or any service provider; (c) your connection to any PeekShows.com
site; (d) your violation of this Agreement; (e) your violation of any regulations,
edicts or laws to which the you are subject; or (f) your violation of any
rights of a third party or service provider.
a) Incorporation. You
agree that this agreement and all incorporated agreements may be automatically
assigned by PeekShows.com, in its sole discretion, to a third party in the
event of a merger or acquisition.
Waiver. PeekShows.com's failure to act with respect to a breach
by you or others does not waive its right to act with respect to subsequent
or similar breaches. PeekShows.com's failure to enforce in one or more instances
any of these Terms shall not be construed as a waiver of the future performance
of any Term.
c) Severability and Integration. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between you and PeekShows.com with respect to this Site, and supersedes all
prior or contemporaneous communications and proposals (whether oral, written,
or electronic) between you and PeekShows.com with respect to this Site. If
any part of these Terms is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
d) Notices. Except as expressly stated
otherwise, any notices to PeekShows.com shall be made by registered mail
to PeekShows.com, Attention: Legal Department, _________________________________.
Notices to you may be made to the e-mail address you provide to PeekShows.com
during the registration process or by postal mail (including registered mail)
to the address you provide to PeekShows.com during the registration process.
Notice sent to you shall be deemed given twenty-four (24) hours after e-mail
is sent and three (3) days after the date of mailing.
e) Time Limitations. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising
out of or related to this Agreement or use of the Service must be filed within
one (1) year after such claim or cause of action arose, or be forever barred.
f) Dispute Resolution. You and PeekShows.com
agree that any Dispute between You and PeekShows.com will be resolved exclusively
and finally by arbitration administered by the National Arbitration Forum
("NAF") and conducted under its rules, except as otherwise provided below. You
and PeekShows.com will agree on another arbitration forum if NAF ceases operations.
The arbitration will be conducted before a single arbitrator, and will be
limited solely to the Dispute between You and PeekShows.com. The
arbitration, or any portion of it, will not be consolidated with any other
arbitration and will not be conducted on a class-wide or class action basis.
The arbitration shall be held at any reasonable location in Las Vegas, Nevada. If
You prevail in the arbitration of any Dispute with PeekShows.com, PeekShows.com
will reimburse You for any fees You paid to NAF in connection with the arbitration. Any
decision rendered in such arbitration proceedings will be final and binding
on the parties, and judgment may be entered thereon in any court of competent
jurisdiction. Should either party bring a Dispute in a forum other
than NAF, the arbitrator may award the other party its reasonable costs and
expenses, including attorneys' fees, incurred in staying or dismissing such
other proceedings or in otherwise enforcing compliance with this dispute
resolution provision. You understand that, in the absence of
this provision, You would have had a right to litigate disputes through a
court, including the right to litigate claims on a class-wide or class action
basis, and that You have expressly and knowingly waived those rights and
agreed to resolve any Disputes through binding arbitration in accordance
with the provisions of this paragraph. This arbitration provision
shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et
seq. For the purposes of this provision, the term "Dispute" means
any dispute, controversy, or claim arising out of or relating to: (i)
this Agreement, its interpretation, or the breach, termination, applicability
or validity thereof; (ii) the related order for, purchase, delivery, receipt
or use of any product or service from PeekShows.com; or iii) any other dispute
arising out of or relating to the relationship between You and PeekShows.com;
the term "PeekShows.com" means PeekShows.com, Inc., its parents, subsidiaries,
affiliates, directors, officers, employees, beneficiaries, agents, assigns,
component suppliers (both hardware and software), and/or any third party
who provides products or services purchased from or distributed by PeekShows.com;
and the term "You" means you, or those in privity with you, such as family
members or beneficiaries. Information may be obtained from the NAF online
at www.arb-forum.com, by calling
800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.
These terms and conditions may change without notice. The current terms and conditions are located at:
By providing information to PeekShows.com and clicking the "Register" button,
you represent that you have read this Agreement in its entirety, understand
its terms, are duly authorized to execute this Agreement on behalf of yourself,
and you will be bound by these terms.