1. General information
IMPORTANT LEGAL NOTICE.
**YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE TO AGREE TO THESE TERMS.
***ALL DOCUMENTS, POLICIES, AND INSTITUTIONAL PAGES ARE PUBLISHED AND GOVERNED BY THE ENGLISH LANGUAGE, TO PREVENT CONFLICTS IN TRANSLATIONS. IF YOU DECIDE TO TRANSLATE ON YOUR OWN, AND THERE IS ANY DISCREPANCY, THE ENGLISH LANGUAGE VERSION WILL PREVAIL.
ORION30 LLP (hereinafter CameraLux) operates under the Cameralux domain an affiliate program (partner program), which, by providing advertising material, allows the advertising contractual partners (hereinafter webmaster) to solicit Internet users for the online offerings of the CameraLux, for a commission.
2. Entering into a contract
- With the registration, the webmaster receives the opportunity to take part in the Cameralux affiliate program. Registration is completed by entering the user data of the webmaster into the registration form. After entering and validating the data, the webmaster will receive a confirmation email from CameraLux containing access data to the Webmaster account.
- Registration as a webmaster at Cameralux is free. There is no legal entitlement to inclusion. Registration and cooperation with Cameralux is confirmed by the release of personal access data by Cameralux.
- With the transmission of the access data, the webmaster will receive a download link to a registration form. Upon receipt of the access data this is to be completed in full by the webmaster and faxed together with the necessary legitimation documents to the specified number. Accrued commissions will be paid out only after successful testing and transfer of Webmaster data and the legitimation of the webmaster or the company name.
- The webmaster account holder and the specified bank account holder must be one and the same. Different information is permitted only with the express written consent of CameraLux and additional legitimation. Non-approved accounts with different data will not be taken into account when commissions are paid.
- With the registration and the acceptance of these Terms and Conditions and the activation of the Webmaster account, a contract containing these Terms and Conditions is concluded. CameraLux is entitled to reject conclusion of the contract without stating reasons. In this case, no contract is concluded.
3. Subject of the contract and services
- With the activation of the Webmaster account, advertising material for the online offerings of CameraLux will be made available. The webmaster can integrate and publish this advertising material in his advertising environment. If a third party clicks on an advertisement and concludes a turnover on an CameraLux platform, the webmaster will receive a performance-related remuneration, if legally entitled to it.
- To more effectively advertise the online offerings of CameraLux, CameraLux offers the Webmaster extensive advertising means in the form of pictures, videos, page layouts, galleries, various banner formats, text, RSS feeds and a large number of promotional tools. These include landing pages, various scripts, complete advertising templates and XML interfaces.
- All advertising materials and tools provided by CameraLux may be used solely to advertise the online offers of CameraLux, in particular such as those indicated on the website of Cameralux. Passing on and selling this advertising material and these tools to third parties is prohibited. Any misuse of this promotional material and tools will entail licensing consequences and criminal prosecution.
- In addition to making available the offers to be advertised, CameraLux also assumes the complete payment processing and user support. The user can accept the offers of CameraLux by means of various payment options (credit card, direct debit, PremiumSMS, Dialer, voicecall and other payment options). Remuneration of the webmaster is set out in clause 4 of these Terms and Conditions.
- In the registration and use of the online offerings of CameraLux by users solicited by the webmaster, a business relationship exists exclusively with CameraLux and its payment service providers. Customer-related data will not be given to the webmaster.
- CameraLux shall pay all payment costs, with the exception of the fees (i.e. reminder fees) charged by third parties (banks, payment providers, debt collection agencies, etc.).
4. Remuneration and payment
- CameraLux shall pay the webmaster a commission that depends on the revenues generated on the CameraLux portals by users solicited by the webmaster. The webmaster can check the amount of the commission in its statistics area on Cameralux at any time.
- CameraLux shall create for the webmaster a written settlement of the commission based on the revenues generated by the users solicited by the webmaster. CameraLux will send this by post or make it available for download in the webmaster area.
- The commissions are calculated respectively on the 1st and 16th of the month for the previous accounting period. The accounting period for the settlement on the 1st of the month is the period from the 16th to the last day of the previous month. The accounting period for the settlement on the 16th of the month is the period from the 1st to the 15th of the previous month. The minimum settlement amount from which a pay-out is made is 50 euros. If the minimum pay-out amount is not exceeded in an accounting cycle, it will be carried forward until it amounts to 50 euros. It will then be reimbursed with the settlement of the most recently completed accounting period.
- The webmaster shall receive the following commissions on the basis of turnover from users solicited by him:
- for home-made pornography communities such Cameralux and Cameralux Fan club, a fee amounting to 30% of the user revenues.
- for webcam platforms such as Cameralux, a commission amounting to 27% of users’ sales.
- The commission paid is in every case based on the net sum paid to CameraLux by users or partners (third-party programs, payment providers, telephone carriers, etc.) If the user, under the UserID associated with the webmaster, is an CameraLux customer, the webmaster shall receive a commission.
- The commissions are as a rule paid to the webmaster by bank transfer. This is paid to webmasters based in Europe directly via account numbers/ bank codes. Otherwise, to a webmaster with a bank account connected to the IBAN system, it is paid through a EU bank transfer. If neither of these two possibilities is given, a payment can be made, following consultation, by crossed cheque. The commission is in all cases disbursed net, without VAT. For some webmasters, VAT is paid out exclusively to those who can furnish corresponding proof of sales tax liability.
- CameraLux is not responsible for any delays and incorrect bookings in the payment of commissions caused by incomplete or incorrect information of the webmaster and is not liable for costs that may be incurred by this (investigation orders, stop payment orders, chargebacks or similar).
- The webmaster is to keep this written statement safely stored for all other commercial and tax issues. A subsequent request for a copy of the settlement will be provided to the webmaster at a charge of 10 euros per copy, due to the separate processing effort, and is payable in advance.
- If a webmaster attempts to defraud or to cheat the partner programme under false pretences or fraudulent actions or to damage the partner programme in another way, especially through actions set out in section 5 of these Terms and Conditions, all claims to commissions are nullified. Commissions paid out to the webmaster as a result of such an act are to be paid back immediately by the webmaster.
5. Obligations of the webmaster
- The webmaster guarantees that all the information requested during registration (e.g. on his person, company name and bank account) shall be given truthfully, that he or she is of legal age and has full legal capacity under the laws of his country. Changes to the information entered, such as an address change or the change of corporate form, must be communicated to CameraLux without delay.
- The webmaster must keep the access data received from CameraLux strictly confidential. Transferring access data to third parties or publishing access data is prohibited. A webmaster account and its corresponding access data may not be transferred to third parties without written permission from CameraLux.
- The webmaster is solely responsible for the operation, the contents, and the manner of the advertising activities of its advertising environment. The webmaster is in particular obliged to ensure that on the Internet pages of his advertising environment and through his promotional activities overall
- no illegal, infringing or offensive content (child pornography, depictions of violence, discriminatory statements or representations with regard to race, gender, religion, nationality or disability or hyperlinks to such content) are included and
- no third-party rights are violated.
- The webmaster is in particular obliged as the domain operator to provide in its advertising environment, together with its data, complete and correct provider identification (legal notices). Reference to the provider identification of CameraLux or an associated company is prohibited. This provider identification
- In its promotion activities, especially in the sending of emails and other messages, the webmaster shall observe and comply with legal requirements (in particular the provisions of competition law).
- This is true in particular with regard to unwanted advertising or other activities of webmasters vis-à-vis third parties carried out using CameraLux technical and electronic support without informing CameraLux of the advertising activities.
- The webmaster is furthermore prohibited from unethical advertising. Unethical advertising campaigns encompass in particular advertising using email, chat, fax, telephone or other means of telecommunications, without the consent (opt-in) of the addressee.
- Unethical advertising campaigns also include advertising by e-mail, chat, fax, telephone or other means of telecommunications, by which the identity of the sender on whose behalf the message is delivered is veiled or hidden, or that includes no valid address to which the recipient may send a request that such communications cease.
- Advertising that violates legal prohibitions or that incites criminal or administrative offences is also deemed unethical.
- The webmaster is further prohibited from sending spam (unwanted messages) on the system of the CameraLux and all associated Web pages as well as
- to advertise for competitors via the CameraLux system during its advertising for CameraLux.
- The webmaster must observe directives on content. Directives on content are in individual cases specifications of CameraLux to no longer advertise certain components of the online offerings of CameraLux or no longer advertise them in the previous way. This directive first and foremost protects third parties, in addition to CameraLux. These instructions must be observed to protect third parties. The “Directives on content" are submitted in writing – by email – and archived at the same time on the same day in the webmaster account. Directives on content must be observed and implemented within 24 hours of the arrival of the directive files in the webmaster’s account.
- Abusive obtaining of business transactions for the purpose of obtaining a claim for commission is prohibited. An abusive business transaction in this sense is generating sales on the websites of the CameraLux by unethical or illicit means, as well as by means that breach applicable law or these General Terms and Conditions. These include in particular:
- Falsifying business transactions that are suitable for generating revenue without any such transaction actually taking place, for example by credit card fraud or direct debit data abuse, by which revenues generated are subsequently cancelled.
- Fake lead generation.
- Promotion activities that are not carried out in a manner suitable to these General Terms and Conditions, in particular advertising containing prohibited content or false statements.
- Use of terms, brands or trademarks to which the webmaster has no rights.
- If ORION30 LLP has reasonable suspicion that the webmaster has engaged in or arranged for unfair advertising, ORION30 LLP may require the webmaster to dispel this suspicion by submitting an affirmation in lieu of oath. The affirmation in lieu of oath must be received in original form within five working days of the demand from ORION30 LLP and must contain the unambiguous declaration that the webmaster has neither itself engaged in unfair advertising or arranged for other persons or companies to do so.
- If the webmaster fails to submit an affirmation in lieu of oath containing the appropriate content within five working days, ORION30 LLP shall be entitled:
- To take recourse against the webmaster for damages to ORION30 LLP arising directly and indirectly from unfair advertising
- To withhold payment of outstanding commissions until it is established that ORION30 LLP is no longer exposed to claims by third parties as a result of rights violations.
- To cancel the contract with the webmaster without notice.
- To assert a contractual penalty of €2,000 for each case of unethical advertising.
- For violations of provisions of this agreement, in particular those in paragraph 5, CameraLux reserves the right to block the webmaster’s account. CameraLux further reserves the right to cancel the contract with the webmaster without notice.
- The webmaster shall pay a contractual penalty of 2,000 euros for each breach of provisions of this agreement, in particular those in paragraph 5.
- The webmaster shall indemnify CameraLux against all claims for damages, liability claims, reprimands, declarations to cease and desist from third parties and other claims as well as all associated costs caused by illegal actions of the webmaster or violations of these General Terms and Conditions.
- The indemnification applies in particular to violations by the webmaster of copyright, trademark, competition and data protection rights of third parties.
- CameraLux reserves the right at any time to discontinue the service without stating reasons and to change the visual appearance of Cameralux.
- The Internet offers from CameraLux and all associated services are provided without any assurance with respect to availability, accuracy, and completeness. There is no entitlement to access to Cameralux.
- CameraLux manages its Internet offerings, particularly Cameralux and all linked websites and systems, within the framework of the technical possibilities. CameraLux assumes no liability for the uninterrupted availability of the system or for systemic failures, interruptions or malfunctions of the technical equipment and the service of CameraLux, insofar as these symptoms are outside of the sphere of influence of CameraLux. CameraLux is not liable in particular for errors in the quality of access to these services due to force majeure or due to events for which CameraLux is not responsible, in particular, the failure of communication networks and gateways. In these cases as well the webmaster is not entitled to any claims against CameraLux. There is no liability for minor interruptions of the services.
- CameraLux is not responsible for the unauthorised acquiring of knowledge by third parties (for example, through hackers’ gaining unauthorised access to the database), unless CameraLux has allowed third parties to acquire that unauthorised knowledge intentionally or through gross negligence.
- CameraLux is liable – excluding violation of essential contractual obligations and for death, injury or impaired health or claims under the Product Liability Act – only for intent and gross negligence. Essential contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract.
- In the event of a minor negligent breach of a duty that is essential to the purpose of the contract (cardinal obligation), the liability of CameraLux is limited to an amount that is foreseeable and typical of the nature of the transaction in question.
- The foregoing limitation of liability also applies to the personal liability of employees, representatives, agents and bodies of CameraLux.
9. Data privacy
- The webmaster hereby declares his agreement that all data collected by the webmaster as part of the Cameralux affiliate program will be stored. CameraLux shall hereby observe the statutory provisions on data protection.
- Information and data obtained within the framework of participation in the Cameralux affiliate program may be used and processed by the webmaster only in connection with the performance of the contract and for the use of the affiliate program. Disclosure to third parties, as well as use for other purposes, is prohibited.
10. Rights of use
- The advertising material and tools made available under paragraph 3 are protected under copyright and trademark law and may be used only in the context of the performance of the contract. The advertising materials and tools may not be modified or edited visually, technically, or with regard to content without the written consent of CameraLux. This also applies to the source code of the tools.
- CameraLux grants the Web master a simple and non-transferable right limited in duration to the term of the contract to use the advertising materials and tools provided by CameraLux exclusively within the scope of the Cameralux affiliate program.
11. Termination of contract and termination
- The business relationship between CameraLux and the webmaster within the framework of the Cameralux affiliate program is concluded for an indefinite period and may be terminated at any time with no notice period. Claims for residual commissions will be adjusted in the regular settlement cycle, unless the webmaster is justifiably excluded from the affiliate program because of circumstances that fall within his area of responsibility. In that case there is no entitlement to the payment of the commission.
- Notice of termination must be in text form. All use rights to the advertising material provided by Cameralux and tools granted to the webmaster shall expire with the termination of the business relationship.
- The webmaster must immediately take all technical measures required to ensure that with the termination of the business relationship no further links exist between the Internet offer of the webmaster and CameraLux.
- Both parties retain the right to extraordinary termination for just cause. Just cause is deemed to exist in particular if any essential obligations of this agreement have been breached, in particular those in paragraph 5. In the event of extraordinary termination by CameraLux, webmasters have no entitlement to payment of commission.
12. Modification of the General Terms and Conditions
- CameraLux reserves the right to amend or supplement these Terms and Conditions at any time. Amendments to the General Terms and Conditions shall be communicated to the webmaster, by e-mail or in another manner, no later than four weeks before their entry into force. To this end, in place of enclosing the full text, a reference to the address on the Internet where the new version is available is deemed sufficient. If the webmaster does not object to such amendments within four weeks of notification, the revised version shall be considered agreed. The webmaster also has the right to terminate the contractual relationship with CameraLux within four weeks of being informed. Commission claims of the webmaster remain hereby unaffected.
- An objection to the amended terms and conditions by the webmaster must be submitted in writing by email please click here and will be accompanied by the closure of the webmaster account. All the HTML codes, layouts, image and video content and other promotional tools provided by Cameralux to the webmaster must be removed immediately by the webmaster from its sites.
- Through its registration at Cameralux each webmaster acknowledges these General Terms and Conditions of the CameraLux as the contractual basis. Conflicting conditions of the webmaster are ineffective, unless otherwise agreed between the partners in writing.
- Subsidiary agreements, changes or additions to these Terms and Conditions must be in writing to be valid. This also applies to any waiver of the written-form requirement. Verbal collateral agreements do not exist.
14. General Provisions
- Governing Law
With respect to purchasers located in the United States, who have United States citizenship or other legal status in the United States and/or users whose purchases are made through United States payment processors (“US Users”) these Terms and Conditions and all matters arising out of or otherwise relating to these will be governed by and construed in accordance with the laws of the United Kingdom and shall be subject to the non-exclusive jurisdiction of the court of Great Britain, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the courts in England. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the courts located in England.
- Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.
The obligation to arbitrate is not binding upon Network with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual- property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties. The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any. You and Network each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
With respect to all other users, arbitration shall take place in the United Kingdom exclusively. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and Network hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. You and Network hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
In the case that any part and/or section and/or specific term of this Agreement is/are unenforceable, the remainder of this Agreement will continue to be valid, enforced, and in effect.
- Attorney’s Fees
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.
- No Waiver
No waiver of Network shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
No employee, agent, representative, including customer service representatives of the Company and/or Host, is entitled to waive any term or terms of this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
- Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
Network reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. In the event of a change to these Terms that substantially limits your rights hereunder, Network will provide you with written notice prior to such changes taking effect. Your continued use of a Site following Network’ posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Unless accepted by Network in writing, these Terms and Conditions may not be amended by you.
- Government Rights
The software elements of the Materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.
- Other Jurisdictions
Network makes no representation that the Sites or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Sites from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.
26. Cancellation By Webmaster / affiliate
You may cancel your account at any time by visiting https://www.cameralux.us/webcam/contact.
- Termination by Us
We may, in our sole discretion, without advance notice, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or in the event that we determine to cease operating the Platform. You hereby agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Platform. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies. You agree that if your account is terminated by us, you will not attempt to re-register as a member without prior written consent from us.
- Effect of Termination or Cancellation
In the event that your account is terminated or cancelled for any reason, effective immediately you will no longer have access to the non-public areas of the Platform nor will you be able to utilize any Number or any Credits. Any Credits left in your account will be deemed forfeited to us and you will not be compensated for same.
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