WEBMASTER TERMS AND CONDITIONS

Your application as a webmaster with NichePay.com ("the Company") is subject to the Terms and Conditions. NichePay.com is owned and operated by NichePay Inc.

1. You must be over the age 18.

2. The Company has full discretion in accepting your application and any may deny your application for any reason. The Company will not accept application from areas where fraudulent action has been significant including but not limited to South America, Russia, Turkey, Iran, Iraq, Lebanon, Romania, Indonesia, Bulgaria, Belarus, UAE, Jordan, Israel, Ukraine, Philippines, Pakistan and Yugoslavia.

3. If you are assigned a password or username, you agree not to distribute or share your password or user's name with any other person or entity. Webmaster found violating this provision will have their password cancelled and all future re-billings forfeited.

4. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE COMPANY IS NOT RESPONSIBLE FOR THE COSTS TO REPLACE ANY LOST MATERIAL.

5. The Company does not represent or endorse the accuracy or reliability of any of the materials contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the website, nor the quality of any products, information or other materials displayed purchases, or obtained by you as a result of any advertisement or other information or offer on or in connection with the website (the "Products"). You hereby acknowledge that any reliance you place upon any Products shall be at your sole risk.

6. HOSTING OF YOUR WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. LIMITATION OF COMPANY'S LIABILITY.

The aggregate liability of the Company to you for all claims arising from the website and/or the use of the Materials or Products shall not exceed $100.00.

9. TERMINATION.

The company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to and immediate termination of your privileges granted herein or deactivation of your account and/or any other services provided to you by the Company, upon any perceived breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any material you transmit on your website. Termination of an account will deem any funds void, and no payment will be issued.

10. YOUR INDEMNITY.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, customers and clients from and against any claims, actions or demand, including without limitation reasonable attorney and accounting fees, resulting from or arising out of any content or communications you post or transmit through your website, your use of the website, the Materials or the Products, or your violation of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, action or demand and may, at the Company's sole discretion, assist you, at your expense, in its defense or settlement. In no event shall you settle any such claim, action or demand without the prior written approval of the Company.

11. GENERAL.

These Terms and Conditions are governed by law of the State of California, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Los Angeles, California for any claims arising out of or relating to your use of the website, the Materials, the Products, and/or these Terms and Conditions. If any provision of theses Terms and Conditions is found to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original, and the remainder of the agreement shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the hosting of your website. No changes to these Terms and Conditions shall be made except by a revised positing on this page.

12. CHOICE OF LAW AND FORUM.

This site (excluding third party linked sites) is controlled by the Company from its offices within the State of California, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from the State of California, by accessing this site, both you and the Company agree that the statues and laws of the State of California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the State of California and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

13. CONTENT:

1. Webmaster is responsible for all content located on this site. All content must be legal and licensed to the webmaster. Child pornography sites, bestiality sites, rape sites, celebrity sites and any other similar sites will not be allowed.

2. All Webmasters are required to comply with 18 U.S.C. 2257. Webmaster must ensure that all models are 18 years of age or older.

3. The Company has a no spam policy. Unsolicited e-mails and spamming AOL chat rooms are examples of prohibited conduct which will lead deactivation. Webmaster must not cheat, defraud or mislead the public.

4. Webmasters acknowledge that violations of any of the rules stated herein with regard to content are grounds for immediate deactivation of the webmaster's account. In such event, all re-billings will be immediately forfeited.

5. Company is committed to complying with U.S. copyright law and expects all webmasters to do the same. The Digital Millennium Copyright Act of 1998("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet Service Provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, FAC will remove or block access to the allegedly infringing material. If a webmaster believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to Company. Company will not be a party to disputes over alleged copyright infringement.

6. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT. If you believe that a web page hosted by Company is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Company's designated agent in the manner described below.

By Mail:

NichePay
333 S. Front St. #202
Burbank, CA 91502
United States
Phone: 818-557-7736

By e-mail:  support at nichepay.com

7. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

A. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
B. Identification of the copyrighted work claimed to have been infringed.
C. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Company to locate the material .
D. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address.
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For more details on the information required for valid notification, see 17 U.S.C. 512 (c) (3).

You should be aware that under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

8. COUNTER-NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT

If a notice of copyright infringement has been filed against you, you may file a counter- notification with Company's designated agent at the address listed above. Such counter- notification must contain the following information:
A. A physical or electronic signature.
B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
C. A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
D. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.

9. If Company receives a valid counter-notification, the DMCA provides that the removed material will be restored, or access re-enabled. Please be advised that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.

COMMISSIONS:

10. Webmaster commission will be determined in accordance with the following schedule for each sign up or recurring membership that are tracked directly to your site:
(a) $30 for any trial signup
(b) $25 for any trial signup (console free)
(c) 60% of monthly revenue
(d) $45 for any active member (converts from trial to monthly membership)

Referrals: 5% per sale of your referral

11. Commissions for Period starting with the 1st of the month and ending with the 15th of the month are paid on the 16th of the month. Commissions for the Period starting with the 16th of the month and ending with the last day of the month are paid on the 1st of the following month. Should any of the designated payout days fall on a non business working day, the payout is postponed until the next business working day.

12. Webmasters are advised that all charge backs will be investigated. Company reserves the right to cancel any sale and the right to revise the site selections and/or commission at any time. Any webmaster that Company determines has participated in any illegal, unlawful, or fraudulent business practices will have their Webmaster privileges suspended, their website deactivated and all re-billings forfeited.

13. Company reserves the right to alter or amend the commission structure.

BY CHECKING THE "ACCEPTANCE" BOX AT THE END OF THIS PROGRAM, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL OF THE TERMS AND CONDITIONS STATED HEREIN AND YOU AGREE TO BE BOUND BY EACH.