Read these ‘Terms of Service’ (hereinafter referred to as “TOS”) in its entirety as this is a legal agreement (hereinafter referred to as “Agreement") between WaveSide Entertainment (hereinafter may be referred to as “WSE”, "WE", "US", “OUR”) and YOU (hereinafter referred to as "RECRUITER”, “RECRUITERS”, “RECRUITER’S”, “YOU”, “YOUR”).
WSE reserves the right to maintain rotating banners on Recruiters webpage.
Potential and/or current Recruiter or Recruiters are subject to all the terms, conditions, limitations and waivers included herein. YOU acknowledge and agree that by participating as a WaveSide Entertainment Recruiter, YOU shall be bound by all terms and conditions in this TOS Agreement.
Subject to Terms and Conditions set forth in this Agreement, WaveSide Entertainment grants YOU the following:
Non-exclusive right to direct, refer, recruit or send potential models to WaveSide Entertainment.
Limited nonexclusive, nontransferable and revocable license to use Recruiters webpage created by WaveSide Entertainment for YOUR use for the exclusive purpose of advertising, marketing or promoting WaveSide Entertainment however; license herein granted to YOU shall automatically and immediately cease upon the termination or breach of any term in this agreement.
In consideration of WaveSide Entertainment providing benefits to approved Recruiters applicants for the Worlds Largest Adult Entertainment Network to Recruit Adult Models, YOU agree to the following:
Webcam Model Recruiters Legal Policy
WAVESIDE ENTERTAINMENT MAINTAINS A ZERO TOLERANCE POLICY FOR SPAMMING. RECRUITERS ACCUSED OF OR FOUND TO BE SPAMMING WILL BE TERMINATED, YOU WILL BE BARRED FROM FUTURE PARTICIPATION AS A RECRUITER FOR WAVESIDE ENTERTAINMENT AND, ANY MONIES DUE YOU SHALL BE FULLY FORFEITED.
Recruiter confirms that they shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of what is commonly known as "spamming" as a means of promoting YOUR webpage or for the purpose of directing, referring or recruiting users to any websites owned, operated or controlled by WaveSide Entertainment. Recruiter acknowledges and agrees that WaveSide Entertainment has the right to immediately and without notice, terminate YOUR participation as a Recruiter for WaveSide Entertainment if WE, in OUR sole and exclusive judgment, conclude that YOU have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, IRC posting or any other form of "spamming".
Recruiter will not copy, reproduce, alter, modify, change, broadcast, distribute, transmit or disseminate any banners, hypertext links or other promotional or advertising materials provided to Recruiter by WaveSide Entertainment, in an effort to Recruit Adult Webcam Models, pursuant to this agreement, in whole or in part, in any manner, at any time anywhere in the world except as authorized by WaveSide Entertainment in writing.
RECRUITER WILL NOT, directly or indirectly, by any means, trick or link to any website in the WaveSide Entertainment Network through any hyperlinks maintained or created on webpage, that pertain to the following:
Obscene material including without limitation to any material depicting brutality, rape, torture, incest or such;
Any material which is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;
Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer be the performer real or computer generated (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;
Any material, which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
Any material which constitutes an infringement, misappropriation or violation of any person's rights of publicity, privacy rights or any person's intellectual property rights, including but not limited to copyrights, trademark and service rights; This includes photos altered to look like celebrities or other private persons;
Any material which contains any solicitation for prostitution or which promotes or facilitates incentive based websites, hacking, cracking or the downloading or trading of unauthorized MP3 audio files;
Any material not fully in compliance with 18 U.S.C. Sec. 2257 et seq. RECRUITER SHALL remain a WaveSide Entertainment Recruiter (to Recruit Adult Models) until applicant terminates participation by notifying WaveSide Entertainment via email of Recruiters intent to terminate participation or is terminated by WaveSide Entertainment for any reason; or Recruiter program is terminated by WaveSide Entertainment, for any reason.
Recruiter will remain a WaveSide Entertainment Recruiter in good standing at all times. Recruiter is working at their own free will and pace as an Adult Webcam Models Recruiter for Top Paying Adult Webcam Models at WaveSide Entertainment.
Recruiter shall cease to be a participant with WaveSide Entertainment and shall be subject to immediate termination of all benefits without notice if there is a failure to perform under or breach any part of this WaveSide Entertainment Agreement.
Recruiter confirms by executing this agreement that Recruiter has the authority and is otherwise is entitled to contract on behalf of the entity which owns the rights to Recruiters webpage.
Recruiter will supply WaveSide Entertainment with a Federal Tax ID or Social Security Number upon request and failure to supply that information will constitute a basis for terminating this WaveSide Entertainment Agreement and forfeiting any commissions which Recruiter would otherwise be entitled under this WaveSide Entertainment Agreement, as liquidated damages.
Upon termination of this WaveSide Entertainment Agreement, Recruiter will immediately cease using WaveSide Entertainment marks and remove any materials supplied to Recruiter by WaveSide Entertainment or referring to WaveSide Entertainment, including without limitation, any banner ads, from Recruiters webpage.
Recruiter Acknowledges and Agrees to the Following Limitations:
Adult Webcam Models Recruiter is over the age of eighteen (18) years;
WaveSide Entertainment shall at all times have the right, in its sole and exclusive discretion, to modify and/or terminate the WaveSide Entertainment Agreement as well as any and all program benefits associated with the WaveSide Entertainment Recruiting Agreement at any time, and may do so with or without prior notice or cause;
WaveSide Entertainment shall at all times have the right, at its sole and exclusive discretion, to move Recruiter from a promotional or standard program to another promotional or standard program and adjust Recruiters associated program benefits at any time if WaveSide Entertainment deems appropriate due to Recruiters below standard or high risk performance. WaveSide Entertainment will attempt to notify Recruiter of such changes using contact information on file;
This agreement and the rights herein are not transferable and may only be used by Adult Webcam Models Recruiter in association with participation in the WaveSide Entertainment Recruiter Agreement;
All WaveSide Entertainment Recruiter materials, including, without limitation, all advertising banners, hypertext links, photographic materials, recordings, video, sound and/or any other form of intellectual property provided to Recruiter by WaveSide Entertainment as part of this WaveSide Entertainment Recruiter Program, shall remain the property of WaveSide Entertainment and may not be copied, reproduced, altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any time anywhere in the world;
Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned by WaveSide Entertainment including and without limitation to any trademarks or service marks.
Recruiters Commission shall be earned as follows:
An age qualified individual who has been directed to WaveSide Entertainment controlled or operated website through the use of a banner ad or hypertext link supplied by a WaveSide Entertainment Recruiter (hereinafter referred to as Authorized Link) that resides on Recruiters website and which automatically connects an age qualified individual who clicks on Authorized Link to a WaveSide Entertainment website and,
An age qualified individual who, after having been directed to WaveSide Entertainment or operated website through the use of an Authorized Link, clicks through to a WaveSide Entertainment website (hereafter defined as a unique click-through to WaveSide Entertainment).
Recruiter acknowledges and agrees that WaveSide Entertainment shall have the right to deny or withhold payment from Recruiter and to terminate Recruiter from WaveSide Entertainment Recruiter Program if WaveSide Entertainment determines that applicant has directly or indirectly engaged in or encouraged fraudulent or misleading activity.
Recruiter acknowledges and agrees that WaveSide Entertainment shall have the right, in its sole and exclusive judgment, to determine what constitutes fraudulent or misleading activity and whether conduct, directly or indirectly constituted or encouraged fraudulent or misleading activity. WaveSide Entertainment’s determination that fraudulent or misleading activity has or is occurring shall be conclusive as to that issue.
Any attempt at using WaveSide Entertainment brand names or misspellings thereof, as displayed keywords, URL's, 'triggers', etc., to display an advertisement with the intent to promote a competing product or websites will be considered unfair trade and marketing practice and will be prosecuted to the fullest extent of the law.
All Recruiter fees due and payable under this WaveSide Entertainment Recruiter agreement shall be payable in United States Dollars only.
Recruiter commission payable as part of the WaveSide Entertainment Recruiter Program shall be listed on the WaveSide Entertainment Recruiter page on WaveSide Entertainment’s website and WaveSide Entertainment reserves the right, in its sole and exclusive discretion, at any time to alter or modify the Recruiter Program including method and terms of all payment benefits to Adult Webcam Model Recruiters.
It is Recruiters sole obligation to check the website to determine if there have been any changes in the WaveSide Entertainment Recruiter Program. If WaveSide Entertainment has changed the terms of this WaveSide Entertainment Recruiter agreement and Recruiter disagrees with such changes, Recruiter is excluded from further participation in the WaveSide Entertainment Recruiter Program.
WaveSide Entertainment reserves the right to warn and/or suspend/terminate Recruiters that are found using questionable marketing techniques.
NOTHING IN THIS WAVESIDE ENTERTAINMENT RECRUITER AGREEMENT IS INTENDED to create or constitute a joint or collaborative venture or partnership of any kind between WaveSide Entertainment and Recruiter agrees that nothing in this WaveSide Entertainment Recruiter Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between Recruiter and WaveSide Entertainment its employees, agents or assigns.
Recruiter acknowledges and agrees that Recruiter shall have no financial or other interest in WaveSide Entertainment or any property owned by WaveSide Entertainment, its affiliates, agents, successors or assigns.
Recruiter acknowledges and agrees that the relationship with WaveSide Entertainment shall be restricted to matters pertaining to the WaveSide Entertainment Recruiter Program exclusively and shall be governed entirely by the terms and conditions of this WaveSide Entertainment Recruiter Agreement.
RECRUITER ACKNOWLEDGES AND AGREES THAT WaveSide Entertainment MAKES NO GUARANTIES OR WARRANTIES OF ANY KIND with respect to the WaveSide Entertainment Recruiter Program for Adult Recruiting or materials provided by, through or in association with the WaveSide Entertainment Recruiter Program, and all materials are provided to you "as is" and that use of WaveSide Entertainment Recruiter Program and associated materials including, without limitation, is solely at risk of Recruiter. WaveSide Entertainment disclaims all warranties, either express or implied including but not limited to, express or implied warranties of merchantability and fitness for a particular purpose, with regard to the WaveSide Entertainment Recruiter Program and any and all materials of every kind supplied to as part of this WaveSide Entertainment Recruiter Program.
RECRUITER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES shall WaveSide Entertainment, its employees, independent contractors, authors, agents, representatives, assigns and successors be liable to applicant, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind (INCLUDING, 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) with regard to any link to any WaveSide Entertainment website, or arising from or in connection with the use of the Program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of WaveSide Entertainment services, content or WaveSide Entertainment Recruiter Program materials, including without limitation any losses due to severe problems or due to incorrect placement of HTML or other programming languages.
Notwithstanding the foregoing express limitations of liability, Recruiter acknowledge and agree that should WaveSide Entertainment, its officers, employees, successors, or assigns be held liable for damages, injuries or losses of any kind, directly or indirectly resulting from Recruiter participation in the WaveSide Entertainment Recruiter Program, that the aggregate liability arising with respect to and under this WaveSide Entertainment Recruiter Agreement and the WaveSide Entertainment Recruiter Program for any and all claims, injuries, damages or losses will not exceed the total referral fees paid or payable to Recruiter under this WaveSide Entertainment Recruiter Agreement.
RECRUITER HEREBY CONFIRMS AND ACKNOWLEDGE THAT RECRUITER HAS UNILATERALLY DECIDED to enter an Internet service business and acknowledge that it is a high-risk business. Recruiter further confirm, acknowledge and expressly agree that neither WaveSide Entertainment, any agent or representative of WaveSide Entertainment, nor any other person has at any time in the past, represented to Recruiter or has otherwise directly or indirectly communicated in any manner to Recruiter any guarantee, reassurance or any other communication of any kind regarding:
The potential profitability or likelihood of success of Recruiter participation in the WaveSide Entertainment Recruiter Program to Recruit Adult Models, as set forth in this WaveSide Entertainment Recruiter Agreement or otherwise;
The possibility or likelihood that use of any products and/or services provided by WaveSide Entertainment pursuant to this WaveSide Entertainment Recruiter Agreement can or will result in the recoupment of any funds expended by Recruiter for the promotion of Recruiters webpage or any other purpose;
The existence, nonexistence, size or any other characteristics of any market for any products or services which involve Recruiter participation in the WaveSide Entertainment Recruiter Program pursuant to this WaveSide Entertainment Recruiter Agreement.
Recruiter agrees that such program is not a franchise or other business opportunity and agrees that such program does not fall within any such act or law. Specifically, these terms and conditions are not by their definition an offer or business opportunity. Recruiter further expressly agree not to raise any claim of any kind against WaveSide Entertainment and you agree to hold WaveSide Entertainment harmless from any claim of loss to Recruiter directly or indirectly resulting from Recruiters decision to participate in the WaveSide Entertainment Recruiter Program pursuant to this WaveSide Entertainment Recruiter Agreement.
RECRUITER ACKNOWLEDGES AND AGREES THAT THE TERMS OF THIS WaveSide Entertainment RECRUITER AGREEMENT is at will and will begin upon WaveSide Entertainment acceptance of Recruiter application as an Adult Webcam Models Recruiter and will end when terminated by either party. Either Recruiter or WaveSide Entertainment may terminate this WaveSide Entertainment Recruiter Agreement at any time, with or without cause, by giving the other party written (or electronic form) notice of termination.
In the event that this WaveSide Entertainment Recruiter Agreement or WaveSide Entertainment Recruiter Program is terminated, Recruiter shall be entitled to all unpaid commissions or referral fees earned by Recruiter prior to the date and hour of termination. However, Recruiter shall not be entitled to receive any commissions or recruit fees for any Recruits delivered or received by WaveSide Entertainment after the date and time of termination.
THIS WAVESIDE ENTERTAINMENT RECRUITER AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT between Recruiter and WaveSide Entertainment with respect to the subject matter herein, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.
Recruiter agrees that WaveSide Entertainment may at any time, in its sole and exclusive discretion, modify the type and quality of benefits provided to Recruiter under this WaveSide Entertainment Recruiter Agreement by posting a change notice or a new WaveSide Entertainment Recruiter Agreement on this site. Modifications may include, for example, changes in the scope of available recruit fees, fee schedules, payment procedures and WaveSide Entertainment Recruiter rules. IF ANY MODIFICATION IS UNACCEPTABLE TO Recruiter, Recruiters ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Recruiters CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON WaveSide Entertainment SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Recruiter acknowledges and agrees that the failure of WaveSide Entertainment to enforce any of the specific provisions of this WaveSide Entertainment Recruiter Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.
Recruiter agrees that all promises, obligations, duties and warranties made by applicant in this WaveSide Entertainment Recruiter Agreement are personal to Recruiter to Recruit Adult Models and that neither they nor any benefits hereunder may be assigned by Recruiter to any other person or entity.
Recruiter agrees that WaveSide Entertainment may at any time and without prior notice to Recruiter, freely assign all or part of its duties, obligations and benefits hereunder.
BY RECRUITER PROCESSING AND SUBMITTING THE RECRUITER APPLICATION, Recruiter agrees to be bound by all terms, conditions, promises, warranties, duties and obligations set forth in this WaveSide Entertainment Recruiter Agreement and WaveSide Entertainment agrees to become a counterparty to the WaveSide Entertainment Recruiter Agreement. The date of execution shall be the date on which the Recruiter Application is submitted to WaveSide Entertainment.