Terms and Conditions governing the obligations of BondageBank.com, Twisted Factory and its affiliate webmasters taking part in the BondageBank.com revenue sharing program.
No partnership is being created with the revenue sharing agreement.
- Unsolicited spam will not be tolerated. Should BondageBank.com receive complaints of unsolicited e-mails sent by an affiliate, the affiliate's account will be terminated and payment of all commissions will be forfeited. The affiliate's information may be sent to the appropriate authorities.
- Mass-mailings are permissible under the following conditions, please note that if you do not follow these strict guidelines your affiliate account will be shut down and all payments forfeited:
- Your list must be double opted-in
- You must contact BondageBank.com at least 24 hours prior to the e-mail blast and provide:
- A copy of the e-mail that will be sent
- An e-mail address where complaints and removal requests are to be forwarded to
Specific to the CAN-SPAM Act:
The United States Congress has enacted the CAN-SPAM Act and the FTC has issued its Final Rule to prescribe a mark to be included in all commercial electronic mail that contains sexually oriented materials (see the document here http://www.adultindustryupdate.com/archives/CAN-SPAM%20Act.pdf). The Rule became effective May 19, 2004. Following are the requirements of the final FTC Rule that you must comply with when sending sexually oriented e-mail to promote our products:
- All emails must include the exact phrase: "SEXUALLY-EXPLICIT:" in capital letters as the first 19 characters at the beginning of the subject heading. This mark in the subject line must be in ASCII format.
- All emails must include the exact phrase: "SEXUALLY-EXPLICIT:" in capital letters as the first 19 characters at the beginning of the initially viewable area (termed the "brown paper wrapper") of the email message. The initially viewable area of the message is the portion of the message that is immediately visible to the recipient without taking any affirmative action to view the message, like scrolling down or clicking on a link that leads to the sexually explicit material. Sexually explicit material can be displayed beneath the "brown paper wrapper" area of the email message or be accessible by clicking on a link.
- In addition to the "SEXUALLY-EXPLICIT:" mark, the "brown paper wrapper" area of the email must also include the following:
- A clear and conspicuous notice that the email message is an advertisement or solicitation
- Clear and conspicuous opt-out instructions, and either a link or a functioning return email address to do so. The "opt-out" mechanism must be available for at least 30 days after the transmission of the original message and you or any party working on your behalf must honor any such opt-out requests within 10 days of the request
- A valid physical postal address of the e-mail sender, clear and conspicuous. "Clear and conspicuous" means that the recipient must be able to actually see the information required. One cannot, for example, place the physical address (or other required information) in a color that cannot be distinguished from the background, or in a font size that is too small to read; or
- Clear indication that unless the recipient takes further action to view the sexually oriented material, the initially viewable portion of the message includes only the warning label and instructions on how to access the sexually oriented material.
- As the CAN-SPAM covers both visual images as well as the written word, sexually oriented e-mails sent to promote BondageBank.com websites MAY NOT INCLUDE any sexually explicit words or visual depictions in either the subject line or in the initially viewable area of the message. Therefore, the subject heading and the initially viewable area must EXCLUDE words and/or images that depict the following (actual or simulated):
- Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or opposite sex
- Sadistic or masochistic abuse
- Lascivious exhibition of the genitals or pubic area of any person.
- The U.S. anti-spam laws also prohibit false and misleading transmission of information. As a result, BondageBank.com affiliates may not send any e-mails advertising Twisted Factory websites that contain the following:
- False or misleading header information
- Header information that is technically accurate, but includes an originating e-mail address, domain name or IP address obtained through false or fraudulent means
- Header information that fails to accurately identify the computer used to originate the message in an attempt to disguise the origin of the e-mail
- False or misleading subject headings
- Engaging in abusive commercial e-mail practices, including: sending commercial e-mails using e-mail addresses obtained through automated means either from Internet websites or proprietary online services that have agreed not to give, sell or otherwise transfer the recipients' information to another party; sending commercial e-mails to lists generated using automated means by combining names, letters or numbers into numerous permutations; using a computer without authorization to send e-mail messages that violate the anti-spam law; using a computer to relay or retransmit e-mail messages with the intent to deceive or mislead recipients or Internet access services as to the origin of such messages; using a script or other automated means to register for e-mail accounts or online user accounts from which commercial e-mail advertisements that violate the U.S. anti-spam law will be forwarded.
Please note that these terms apply to all BondageBank.com affiliates promoting Twisted Factory sites via e-mail, regardless of the affiliate's country of residence, or the country in which your mail server resides. Also note that the above is BondageBank.com's own mailing policy, and does not constitute "legal advice"; adherence to the BondageBank.com mailing terms is not a guarantee of compliance with the FTC's Final Rule; we recommend that you read the FTC's Final Rule carefully yourself ( http://www.adultindustryupdate.com/archives/CAN-SPAM%20Act.pdf), and consult with your attorney if you have any questions about the requirements of the Rule.
FAILURE TO COMPLY WITH ANY OF BONDAGEBANK.COM'S ANTI-SPAM POLICIES AND/OR THE NEW U.S. ANTI-SPAM LAW WILL LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND FORFEITURE OF YOUR EARNINGS!
If you have any questions concerning the BondageBank.com mailing terms, please contact us.
- Affiliates may not promote any of the BondageBank.com programs on sites displaying child pornography, bestiality, hate sites or sites displaying any other kind of illegal material.
- Only banners designed or approved by BondageBank.com may be used to promote Twisted Factory sites.
- Affiliates may only use BondageBank.com images and videos to promote Twisted Factory sites.
- Affiliates may crop and resize our images PROVIDED the URLs and watermarks are not removed or in any way made illegible.
- Affiliates may not place any additional watermarks on videos unless
otherwise approved to do so. Please contact
email@example.com if you
have any questions regarding watermarks on videos.
- BondageBank.com content may not be used to promote any site not owned by Twisted Factory.
- Names of celebrities may not be used to promote Twisted Factory sites (with the exception of names of models appearing on Twisted Factory sites). Any affiliate using Random word generators to spam search engines is responsible for checking the content of these lists. Failure to do so will result in termination of the affiliate's account and forfeiture of all earnings.
- Affiliates may promote Twisted Factory sites on AVS sites on condition that:
- Only the content provided in BondageBank.com be used
- BondageBank.com content only be used to promote Twisted Factory sites
- URLs not be removed from the images
- The AVS be built with the specific purpose of promoting traffic to Twisted Factory sites
- Banners and links to Twisted Factory sites be clearly posted on the pages where the content is displayed
- No other sites be promoted on the same pages where BondageBank.com content is posted
- The URLs of all the AVSs built using BondageBank.com content be e-mailed to us together with a login
- BondageBank.com must be able to track the source of traffic at all times, and be able to access the pages where our banners, links and content are displayed, even if these pages are protected by a password (such as a member's section). If the affiliate refuses to cooperate, the affiliate's account will be terminated, and commissions forfeited.
- You may not promote Twisted Factory sites on warez sites, password sites, or any other non-adult web sites unless you have received prior authorization from BondageBank.com to do so.
- Affiliates employing fraudulent or illegal means of generating sales or traffic, or using deceptive advertising methods, will immediately loose their account.
- Credit card fraud is closely monitored and will not be tolerated. Every case is reported to the credit card companies and to the appropriate authorities. In the event that any sort of mechanism to falsely generate signups is detected, we will prosecute the responsible webmaster to the full extent of the law, and, of course, the affiliate's account will be terminated and commissions forfeited.
- Do not attempt to imitate any TwistedFactory.com sites for the purpose of search engine optimization or any other reason. This includes domain misspellings, variations thereof or sending traffic via owning "sitename".net or the string of letters following the last (rightmost) ".", such as "net" in "www.example.net" .com, .net, .edu, .jp, .de, etc.
- BondageBank.com is not responsible for loss due to downtime resulting from complications with hosting equipment, hardware, or technical errors.
- The affiliate is responsible for providing BondageBank.com with a valid e-mail address to be used for contact purposes.
- BondageBank.com may deactivate any account that is not profitable without warning.
- In consideration of TwistedFactory.com providing you with affiliate program materials and the other benefits of the affiliate program, you hereby represent and warrant to TwistedFactory.com as that your site and the content, goods and services offered through your web site do not include any material which constitutes 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; and that you do not include any TwistedFactory.com trademarks or service marks, or variations or misspellings thereof, in your domain names. TwistedFactory.com will restrict payouts to affiliates who send users to TwistedFactory.com through certain keyword bidding and paid search on Google, Yahoo, Bing, MSN, and other search engines based on TwistedFactory.com proprietary phrases. This includes domain names such as www.fuckedandbound.com and variants such as "fucked bound." Affiliates are prohibited from purchasing or registering TwistedFactory.com proprietary phrases such as "chantas bitches", "captive male", "sadistic rope" and misspellings of those words to send traffic to any site. If you have any doubt about your search engine strategies, please be cautious and ask us.
- Specific to the affiliate referral program: affiliates may not refer their family, friends and relatives or indeed open a second account themselves as a referral.
- In the event that any conditions need to be changed, or new conditions added, BondageBank.com will post a notice on the Webmasters page. Affiliates will have seven (7) days to become fully compliant with the new conditions. Affiliates not respecting the new conditions will have their accounts terminated, and commissions generated after the new conditions become applicable will be forfeited.
- BondageBank.com reserves the right to terminate this agreement or program at any time, for any reason. In any case, affiliates will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that the affiliate has cheated by violating these terms and conditions.