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Terms and Condition

Welcome to SexbankRoll, the Ultimate Adult Affiliate Program (hereafter the "Program" or "Affiliate Program"). Before you can become a participant in the Program you must first read and agree to all of the terms and conditions below. This is a legally binding document, please read CAREFULLY.

These Affiliates Terms & Conditions (these "Ts&Cs") are made between Safedock Capital S.A. d/b/a Sexbankroll , (the "Company," "We," "Our" or "Us") and you, the applicant to use Our services (the "Applicant", "You," "Your" or "Affiliate"). You agree to be bound by these Ts&Cs, as they may be amended from time to time. We encourage you to review these Ts&Cs often for updates and state current on any changes made to this agreement.

The following offer to You to participate in Our Affiliate Program ("Program") is subject to all the terms, conditions, limitations and waivers below. These Ts&Cs contain the complete terms and conditions which apply to Your participation in the Program. You acknowledge and agree by participating in the Program that You will abide by and be bound to the terms of these Ts&Cs.

THIS IS A LEGAL AGREEMENT BETWEEN US AND YOU. BY SUBMITTING AN APPLICATION FOR ENROLLMENT IN THE PROGRAM, YOU AFFIRM YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THESE TS&CS. YOU CANNOT BECOME A MEMBER OF THE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.

1. Enrollment. In order to enroll in the Program You must:

1.1 Submit a completed application through Our website, SexbankRoll.com ("Our Website").

1.2 Be over the age of eighteen (18) years, or over the age of majority if You reside and/or conduct business in states, provinces or countries where the age of majority is greater than eighteen (18) years. You may not participate in the Program if You are not of the age of majority in the state, province, territory or country where You reside and/or conduct business.

1.3 Live in a country, province, territory or other region allowed to enroll in the Program. We reserve the right to allow or deny enrollment to the Program in Our sole discretion, at any time. The following is a list of countries that may be automatically denied enrollment or have accounts terminated without notice, this list may be modified by Company at any time: Afghanistan, Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Cuba, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lithuania, Malaysia, Moldova, North Korea, Oman, Pakistan, Qatar, Philippines, Romania, Russia, Saudi Arabia, Singapore, Slovakia, Slovenia, Sudan, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Yemen, and Yugoslavia.

You will be notified of Your acceptance or rejection via email. We may reject Your application or terminate Your account at any time if, in Our sole discretion, We determine Your website(s) are unsuitable for the Program for any reason. Our reasons may include, but are not limited to, a belief Your website(s) incorporate(s) images or content which is unlawful, defamatory, obscene, harassing or otherwise objectionable.

We may also reject Your application or terminate Your account at any time if, in Our sole discretion, We believe Your website(s) facilitate(s) illegal activity, promote(s) violence or promote(s) or assist(s) others in promoting copyright infringement, You are from a country listed above or if You provide incomplete and/or inaccurate information on Your submitted application.

As a member of the Program, You understand that You are an independent contractor and not an employee, agent, legal representative, or franchisee of the Company. You further agree and understand that you have no authority to incur any debt, expense or obligation on behalf of, for, or in the name of Company.

2. Commissions. For each User (as defined below) You direct to a website in the Program who becomes a subscriber or makes a purchase, and who has been tracked and verified by Company as a Referral (as defined below) to one of the Program websites from Your website, You will receive a Commission as set forth in the payout details.

2.1 A Referral from Your website which entitles You to a Commission shall be defined herein as follows:

(a) An Internet User ("User" or "Visitor") who has been directed by You to one or more of the Program websites through the use of a hyperlink banner ad residing on Your website or some other form of promotional link that automatically connects the User to one or more of the Program websites; and

(b) A User who, after having been directed to one or more of the Program websites through the use of a hyperlink banner ad residing on Your website or other form of promotional link, has been converted into a subscriber to one or more of the Program websites; and/or

(c) A User who, after having been directed to one or more of the Program websites through the use of a hyperlink banner ad residing on Your website or other form of promotional link, purchases goods or services from the operator of such sites.

2.2 You acknowledge and agree You shall not be entitled to a Commission for any User who You referred to one or more of the Program website(s) in violation of the terms of these Ts&Cs, or for any User who does not fall within the terms of Paragraphs 2.1 (a - c). All Commissions due and payable hereunder shall be payable in United States Dollars.

Payout Details.

2.2.1 Commissions: As a participating member in the Program You may have different forms of Commissions available to You. Please refer to the payout details section for further details.

2.2.2 Payouts: Commission rates are subject to change from time to time, without notice upon posting on Our Website. A Commission will only be paid if the User to an approved Program website can be tracked by the system from the time of the click on Your Link to the time of the sale. No Commission will be paid if the User's payment to the Program cannot be tracked directly to Your site by Our System or if full payment for services is not made by the User. Company reserves the right, in its sole and exclusive discretion, to alter or modify the Program at any time including the method and terms of all payment benefits to You. Any changes posted to the payout details shall be binding upon You immediately upon posting the changes. It shall be Your obligation to check the payout details to determine if there have been any changes in the Program.

2.3 In the event You refer any User from a territory which We determine cannot participate in the Company 's Programs, We may redirect such User(s) to other companies with whom We have a relationship in order to generate revenue from such User(s). In such cases, We will pay you in accordance with the payout details.

3. Time and Method of Payment. Commissions due and owing to You under the Program will be paid to You directly by Company on a bi-weekly basis for Commissions earned during the prior pay period.

3.1 Affiliates shall be paid within 30 days of the previous month's Commissions. We reserve the rights to choose payout dates for issuing payment to You. We currently issue Commission payments twice per month provided you have earned a minimum of $100 for the proceeding period. If You have not earned $100 in Commissions for the prior period, they will be rolled over until at least $100 is reached, at which time you will receive payment.

3.2 Payments will be in the form of a check in US dollars payable to You, as identified in Your application, and will be mailed via regular mail to the street address indicated in Your application (We will not mail to P.O. Boxes). You may request and receive payment via bank wire transfer if You pay the costs associated with the wire. Payment via wire is available only for payments of $100 or more. You may request and receive payment via Epassporte if You pay the costs associated with the transfer. Payment via Epassporte is available only for payments of $100 or more. If You dispute the manner or amount of calculation of Your Commissions with regard to any given payment period, You must inform Company in writing within thirty (30) days of the disputed payment, otherwise You are deemed to have waived Your right to challenge the payment calculation. You may dispute Your Commission payment by writing to: [webmaster@sexbankroll.com].

4. Promoting Our Websites. You may use any form of promotion You choose, consistent with the terms of these Ts&Cs and the law. You may use banner advertisements, button links and/or text links (collectively hereafter the "Links"), contextual links for popup advertisements and email that is compliant with all laws of any jurisdiction in which the email is required to comply with (including but not limited to the CAN-SPAM Act of 2003 http://www.spamlaws.com/federal/can-spam.shtml ("CAN-SPAM")) to approved websites within the Program. Allowable promotional Links may contain the Company's trade names, service marks, and/or logos for display on Your Affiliate Site. You may use the banners and buttons provided by Company and available for download on this site. Please only use the links in our affiliate area. We may refuse to pay Commissions for Your use of creatives that were not approved by us. If the campaigns say WEB ONLY, those are only allowed on websites. If the campaigns say EMAIL ONLY, You must limit any emailing to lists that are fully compliant with all state and federal law (including CAN-SPAM). If campaigns say CONTEXTUAL LINK ONLY, please use those links if you want to send traffic directly to the Programs ' website(s). This type of advertising is mainly used for popup networks or text links.

4.1 Subject to the terms and conditions hereof, You are granted a limited, non-exclusive, non-transferable and revocable license to access and download such Links and other designated promotional materials for placement on Your website(s) for the sole and exclusive purpose of advertising, marketing or promoting Program websites owned, operated or controlled by Company. In utilizing the Links, You agree to cooperate fully with Us in establishing and maintaining such Link or Links. The content on the Company 's website are protected by intellectual property laws and You understand that You are not buying this intellectual property, but merely accessing it and using it by means of a license which is conditioned on Your continued compliance with the terms and conditions of these Ts&Cs.

The license granted in this paragraph shall automatically and immediately cease upon the termination of these Ts&Cs.

4.2 Acceptable Use Policies re: Bulk Email. You are required to follow all laws (state, federal or otherwise) related to bulk email, these Ts&Cs as well as the terms of any third party ISP, hosting company or website You use related to Your sending email pursuant to these Ts&Cs. You are required to follow all laws or other requirements in order to remain an Affiliate of the Company and to receive Commissions. While the use of bulk email is not per se illegal, any use of email lists must be done in strict compliance with the law and the terms and conditions of third party ISPs and hosting companies. You need to be aware of the fact that many service providers, such as America Online, Inc., Microsoft (through its MSN and Hotmail services), as well as many other hosting companies may have their own standards and policies when it comes to sending email to their members. Examples of these policies include http://www.aol.com/info/bulkemail.html. You represent that You are familiar with these policies and agree to abide by the their terms and conditions.
4.3 SPAM. We have a strict policy regarding unsolicited commercial electronic mail ("SPAM") and will not tolerate any SPAM as defined by the CAN-SPAM Act (15 U.S.C. §7701 et seq.); any state laws, or any applicable international laws (by way of example, You should be familiar with laws concerning SPAM, including those set forth in http://www.spamlaws.com/federal/can-spam.shtml). Should We receive complaints of SPAM sent by an Affiliate, the Company has the right to take any and all steps reasonably necessary to investigate whether the Affiliate has improperly sent SPAM and the Company may issue a warning or may suspend or terminate an Affiliate at any time based upon the results of the Company 's investigation. The determination of what steps should be taken will be evaluated by the Company on a case by case basis. The factors that will determine the actions taken by the Company may include, but not be limited to, the number of improper emails sent, whether You have received any prior complaints, Your response to any complaints and Your explanation of any complaints.
If You promote the Company 's Programs using email, Your email lists should be updated regularly to remove any individuals that request removal. You should refrain from using proxies or using deceptive header information that may cause a potential User confusion. We strongly recommend the use of "opt-in" email lists and "double opt-in" whenever possible. Any email recipient should have requested or agreed to receive information regarding the types of business promoted by the Company 's Programs. All house generated lists must have record keeping including IP address and date stamp to prove that the list subscriber has indeed requested mail from the sender 's sites.

If You are using a rented or leased list from a third party provider, it should be double opted-in and have a verifiable method for demonstrating the list is kept up to date.

4.4 You cannot engage in "harvesting" or "phishing" for email addresses from any public sources such as, but not limited to, chat rooms and message boards, including community websites that prohibit such activity. This practice may be considered an "improper means" under CAN-SPAM Act.

4.5 You may not use false or misleading subject lines or headers. We also strictly prohibit you from transmitting e-mail that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing ("counterfeit e-mail").

4.6 We also strictly prohibit you from transmitting e-mail that is relayed from any third party's mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the e-mail. Do NOT do this.

4.7 You may not mail to anyone who has specifically unsubscribed to any previous e-mail campaigns You may have sent to your in-house list. Consumers must be able to use the opt-out procedure provided in the e-mail.

4.8 You may not send unsolicited text (SMS) messages to any cell phone.

4.9 You may not engage in fraud with respect to the Users you direct to Our Program. The Company reserves the right to suspend and/or terminate You based upon a high volume of chargebacks or credits and may refuse to pay any further Commissions if the Company believes, in its sole discretion, You have directly or indirectly engaged in fraud.

4.10 The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender under applicable federal and/or state law. We do NOT authorize You to engage in any illegal or improper promotions of the Company 's Programs using email that violation the terms of this section, the laws of any jurisdiction into which you send email or in violation of any third party 's terms and conditions.

4.11 You will not, directly or indirectly, link any of the following content or material to any Program websites through any Links maintained or created on Your website:

(a) Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of 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;

(b) Any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations;

(c) Any material displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;

(d) Any material not fully in compliance with 18 U.S.C. Sec. 2257 et seq. or any similar statute, law, code or regulation of any country, province or jurisdiction worldwide;

(e) Obscene material, including without limitation any material depicting bestiality, rape or torture;

(f) Any material which can be construed as threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;

(g) Any material constituting 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; or

(h) 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.

(i) Any adware onto a User 's computer unless such User specifically approves and/or acknowledges the installation of such material.

4.12 In the event the Company elects to terminate You for violation of this Section, the Company reserves the right to refuse to pay any Commissions that might otherwise be due and owing had you not been terminated for violating this Section.

4.13 HOW TO REPORT UNSOLICITED BULK E-MAIL ("UBE"). If you believe you are the recipient of unsolicited bulk e-mail from a person or company advertising websites under this Program, please follow this procedure:

Please send your UBE complaint to the Company through its Customer Service Representative,
Safedock Capital, LLC
PO BOX 56049
RPO 1st Ave Market
Vancouver, BC
V5L 5E2. The best and easiest way to do this is by forwarding the offending e-mail to abuse@sexbankroll.com. If you cannot forward the UBE, simply send an e-mail to abuse@sexbankroll.com. In either case, please include your name, address, telephone number and any information you may have about the identity of the person or entity that sent the UBE to you. You may be able to collect information about the sender from the e-mail itself, for instance, by examining the e-mails "header," by examining the webpage or by running a "whois" query against the webpage domain.

5. Affiliate 's Website(s). You are solely responsible for the development, operation and maintenance of Your website(s) and for all materials appearing on Your website(s). We shall have no responsibility for the development, operation and maintenance of Your website(s) or for any materials appearing on Your website(s) or connected with Your website(s). You shall also be responsible for ensuring any materials posted on Your website(s) do not violate or infringe upon any laws including, but not limited to, 18 U.S.C. Section 2257 or similar laws in other jurisdictions around the world, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You are further responsible to ensure that materials posted on Your website(s) are not libelous or otherwise illegal (including depictions of actual, implied or simulated bestiality, rape, incest, child pornography, or any other content deemed inappropriate or illegal).

6. Your Obligations Warranties and Representations. In consideration of Company providing You with Program benefits, You acknowledge, agree, warrant and represent as follows:

6.1 You are a person over the age of eighteen (18) years, or over the age of majority if You reside and/or conduct business in states, provinces or countries where the age of majority is greater than eighteen (18) years.

6.2 You are the person who owns or is otherwise is entitled to contract on behalf of the entity which owns the rights to Your website.

6.3 You have read these Ts&Cs and will abide by their terms, including the compliance with all laws related to your promotion of the Company 's Programs. You further acknowledge that it is Your obligation to review these Ts&Cs regularly for any modifications.

6.4 Your execution, delivery and performance by You of these Ts&Cs is within Your legal capacity and power, has been duly authorized by all requisite action on Your part, does not require the approval or consent of other persons, and neither violates nor constitutes a default under (i) the provision of any law, rule, regulation, order, judgment or decree to which You are subject or which is binding upon You, or (ii) the terms of any other agreement, document or instrument applicable to You or binding upon You.

6.5 You will provide Company with a Federal Tax ID, Social Security Number or other form of identification reasonably requested for payment and/or identification purposes. Your failure to supply the required information will constitute a basis for terminating these Tc&Cs and for forfeiting any Commissions to which You would otherwise be entitled under these Ts&Cs.

6.6 You will not violate any term of these Ts&Cs (particularly those set forth in Section 4), or any law concerning Your performance under these Ts&Cs.

6.7 All materials of every kind, including photographic, videographic, audio and textual materials used in direct or indirect association with materials provided through the Program shall only be transmitted, distributed, broadcast and otherwise displayed by You to willing adults and shall at all times comply with contemporary community standards in the communities into which they are so displayed.

6.8 Company does not have and shall not have any control or ownership interests of any kind in Your business or Your website(s).

6.9 Company has 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 these Ts&Cs.

6.10 Neither Company nor any employee, associate, agent, assign or successor of Company 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.

6.11 You grant Company a non-exclusive license to use your names, titles, logos, service marks and trademarks (collectively the "Affiliate Trademarks"), to advertise, market, promote and publicize as it deems appropriate, at Company 's sole discretion. You hereby represent and warrant You have the right and power to grant Company the license to use the Affiliate Trademarks in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to You or binding upon You, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of these Ts&Cs.

6.12 You will not copy or reproduce, alter, modify, change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided to You by Company, pursuant to these Ts&Cs and the Program, in whole or in part, in any manner, at any time anywhere in the World except as authorized by Company in writing;

6.13 You may not transfer or assign any benefits under this Program. Any benefits offered in these Ts&Cs may only be used by You in association with Your website while You are a Participating Member in good standing in the Program.

6.14 You shall remain a Participating Member in the Program until You terminate participation in the Program by notifying Company via E-mail (webmaster@sexbankroll.com) of Your intent to terminate Your participation; or Your participation in the Program is terminated by Company for any reason; or the Program is terminated by Company for any reason.

6.15 You shall cease to be a Participating Member in good standing and shall be subject to immediate termination without notice and forfeiture of all benefits and any monies owed You by Company if You fail to perform or breach any part of these Ts&Cs.

6.16 If Your participation in the Program is terminated for any reason, You cease to be a Participating Member in good standing, or You cease to offer services on the Internet, You shall immediately and permanently cease all use of all materials provided to You by Us, through the Program or otherwise, and You will remove all such materials from Your website. Further, You will immediately cease using Company 's marks and remove any materials supplied to You by Company or referring to the Program websites, including without limitation any banner ads, from Your website.

6.17 All of Your warranties, indemnities and obligations contained herein, shall extend beyond the termination of these Ts&Cs.

7. Limitations. On Your Participation In The Program. You acknowledge and agree the Program, Your participation in the Program and any benefits under the Program are limited as follows:

7.1 Company, in its sole and exclusive discretion, shall have the right at any time to change, alter or modify the Program, including without limitation, any benefits offered under the Program, any Payout Details or any Participating Member Obligations by amending these Ts&Cs or Payout Details. The Company may, but shall not be required to give you notice of these changes and it is Your obligation to review these Ts&Cs and the Payout Details regularly for updates or changes.

7.2 Company has the right to terminate any and all benefits under the Program relating to Your participation in the Program at any time, for any reason, or for no reason at all, in its sole and absolute discretion and may do so with or without prior notice or cause.

7.3 All benefits under the Program including, without limitation, all advertising banners, photographic materials, illustrations, recordings, video, sound, and any other form of intellectual property provided to You by Company as part of this Program are the property of Company and shall remain the property of Company and may not be copied or reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated, sold or offered for sale in any manner, at any time anywhere in the World except as expressly authorized by Company in writing.

7.4 Should any entity provide Company with notice You have engaged in transmission of unsolicited bulk emails or have engaged in otherwise unlawful conduct or conduct in violation of any internet service provider's terms of service, We reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information.

7.5 You shall not be entitled to a Commission from Company for any revenue, subscription or User which Company determines or reasonably suspects is the result of fraudulent activity. Company has the right, in its sole and exclusive discretion, at any time to expand or modify what constitutes possible fraudulent activity. Without limiting the foregoing, possible fraudulent activity shall include, without limitation, the following circumstances or activities:

(a) Where there has been an attempt to put through a credit card with a bin number that is listed in a negative bin number database;

(b) Where there have been sequential or multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number.

8. Limitation of Company's Liability. Company shall not be liable for any damages (indirect, special, or consequential) or any loss of revenue, profits, or data, arising in connection with these Ts&Cs or the Program, or due to any mistakes, omissions, delays, errors, interruptions in the transmission or receipt of Company's services, content or Program materials, including without limitation any losses due to server problems or due to incorrect placement of HTML, regardless if Company has been advised of the possibility of such damages (this includes, without limitation, damages for loss of business profits, business interruption, loss of business information, or other incidental or consequential damages or any other pecuniary loss). Further, Company's aggregate liability arising with respect to these Ts&Cs and the Program shall not exceed the total Commissions paid or payable to You under these Ts&Cs.

9. Term and Termination of the Ts&Cs. The term of these TS&Cs will begin upon Company's acceptance of Your application and will end when terminated by either party. Either Party may terminate these Ts&Cs at any time, with or without cause, by giving the other Party notice of termination. Notice by email is considered sufficient notice to terminate these Ts&Cs. If these Ts&Cs is terminated because You have violated the terms of these Ts&Cs You are not eligible to receive any future Commission payments, even for Commissions earned prior to the date of termination. If these Ts&Cs are terminated for any other reason, You are only eligible to earn Commission on subscriptions occurring during the term of the Ts&Cs, subject to offset for processing fees, holdback, chargebacks, refunds, cancellations or returns.

We reserve the right to withhold Your final payment for a reasonable time to ensure the correct amount is paid.

10. Disclaimers. COMPANY MAKES NO REPRESENTATIONS OR EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PROGRAM, ANY COMPANY SERVICES, OR ITEMS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE).

IN ADDITION, WE MAKE NO REPRESENTATION THE OPERATION OF OUR WEBSITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS CAUSED BY FAILURE OF PERFORMANCE, ERROR OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHTHER FOR REACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

FURTHER, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION DELIVERED HEREUNDER (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENTS, WHETHER ARISING BY LAW, CUSTOM OR CONDUCT) OR AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND WE SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON RESULTING FROM YOUR USE OR SUCH THIRD PERSON'S USE OF THE INFORMATION.

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL COMPANY, 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, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) WITH REGARD TO ANY LINK TO ANY COMPANY WEBSITE, OR ARISING FROM OR IN CONNECTION WITH THE USE OF THE COMPANY 'S MATERIALS, OR DUE TO ANY MISTAKES, OMISSIONS, DELAYS, ERRORS, INTERRUPTIONS IN THE TRANSMISSION, OR RECEIPT OF COMPANY 'S SERVICES, CONTENT OR COMPANY 'S MATERIALS, INCLUDING WITHOUT LIMITATION ANY LOSSES DUE TO SERVER PROBLEMS, COMPUTER OR OTHER EQUIPMENT FAILURE, OR DUE TO INCORRECT PLACEMENT OF HTML., REGARDLESS WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, IN THE EVENT OF ANY NETWORK DOWNTIME, COMPUTER OR TECHNICAL ERROR WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOST HITS, SIGNUPS, TRAFFIC OR INCOME.

11. Miscellaneous Provisions.

11.1 Modification. Company may modify any of these Ts&Cs, at any time and in Our sole discretion. It is Your obligation to review these Ts&Cs regularly for any changes and We are not obligated to provide You notice of such changes. Each time You use the Company 's Programs or perform services for the Company under these Ts&Cs, You acknowledge that You are doing so after reviewing these Ts&Cs. If any modification is unacceptable to You, your only recourse is to terminate these Ts&Cs. Your continued participation in the Program, following Our posting of modifications to these Ts&Cs, will constitute your binding acceptance of the then-current version of these Ts&Cs.

11.2 Relationship Between the Parties. You and Company are separate and independent legal entities. Nothing in these Ts&Cs creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. Neither Party has the authority to bind the other or to incur any liability on behalf of the other, nor to direct the employees of the other.

11.3 Severability and Construction. If any provision of these Ts&Cs is held invalid, unenforceable or void, the remaining provisions shall remain in full force and effect as if said provision never existed. Should any provision of these Ts&Cs which is essential to the Parties ' performance hereunder be deemed invalid, unenforceable or void, the Parties agree to use best efforts to draft a mutually acceptable replacement to such provision.

11.4 Indemnification. You hereby agree to indemnify, defend and hold harmless Company, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by Us (collectively the "Losses"), insofar as the Losses (or actions in respect thereof) arise out of or are based on:

(a) any claim or threatened claim that Our use of Your trademark(s) infringes on the rights of any third party;

(b) the breach of any promise, covenant, representation or warranty made by You herein; or

(c) or any claim related to Your site(s);

(d) Your performance pursuant to these Ts&Cs.

11.5 No Waiver. The failure or delay by either Party in exercising any rights, power, or remedy under these Ts&Cs shall not operate as a waiver of any such right, power, or remedy. No waiver of any provision of these Ts&Cs shall be effective unless consented to by both Parties in writing.

11.6 Mutually Drafted Ts&Cs: Although these Ts&Cs are provided to You by the Company, You agree that you have reviewed and approve of their terms. For purposes of construction of these Ts&Cs, both Company and You shall be deemed to have mutually drafted these Ts&Cs and all parts thereof.

11.7 Review By Your Attorney. We strongly advise that You review these Ts&Cs with Your attorney before You sign up for Our services. You acknowledge and agree that nothing herein and no statement by Company or any employee, representative, agent or other person associated with Company has in any way prevented or inhibited You in any way from seeking such advice prior to entering into these Ts&Cs. You hereby acknowledge and agree the terms of these Ts&Cs are reasonable and fair; all terms have been fully disclosed in writing, and that You have been given a reasonable chance to seek advice of independent counsel with respect to these Ts&Cs and all transactions associated herewith.

11.8 Jurisdiction and Venue. These Ts&Cs shall be deemed to have been entered into and accepted pursuant to the laws of Costa Rica. In the event of litigation or any other action or dispute resolution proceeding relating to or arising out of this Agreement, whether in contract or in tort (collectively "Proceeding"), the Proceeding shall be held in San Jose, Costa Rica.

12. Promotions.

12.1 Join SBR and Get paid 1000$. Any new affiliate to sign up to SBR will get a $1000 sign up Bonus

Rules: Affiliates need to reach 500 joins, regular paid joins only, affiliates must claim the $1000 at promos@sbroll.com, affiliates have a 1 year limit on claims and contest from join date. This $1000 sign up bonus starts February 1, 2009.

12.2 The Sexbankroll 3 Months of Apple Madness Promotion. We have the whole store for you choose from for the next 3 months.

iPod
shuffle 2GB 500 songs (35 Joins)
nano 16GB 4,000 songs / 16hours of video (90 Joins)
classic 120GB 30,000 songs / 150 hours of video (110 Joins)
touch 32GB 7,000 songs / 40 hours of video (170 Joins)

MacBook
aluminum 13-inch MacBook 2.4Ghz (700 Joins)
MacBook Air 1.86Ghz (1100 Joins)
15-inch Macbook Pro 2.53GHz (1080 Joins)
17-inch MacBook Pro 2.5GHz (1200 Joins)

Rules: All affiliates have 3 months to add up joins (February 1st 2009 to April 30th 2009) in SBR. All claims must be made to (promos@sbroll.com) before (May 5th 2009)

All prizes can be exchanged for cash.
shuffle 2GB or $60.00
nano 16GB or $175.00
classic 120GB or $225.00
touch 32GB or $345.00
Aluminum 13-inch MacBook 2.4Ghz or $1399.00
MacBook Air 1.86Ghz or $2200.00
15-inch Macbook Pro 2.53GHz or $2150.00
17-inch MacBook Pro 2.5GHz or $2400.00

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