terms of service

• IMPORTANT! Please make sure that you read and agree to all of the Terms & Conditions outlined below before you create an account!

This Agreement contains the complete terms and conditions that apply to your participation as a member of the Sweet Royalties Program (the "Program") operated by Sweet Productions, Inc. ("SPI"). As used in this Agreement, "we", "us" and "our" means SPI; "you" or "your" means the applicant/participating webmaster.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SPI. BY SIGNING UP TO THIS PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.

1. Enrollment in this Program

To begin the process, you will submit completed galleries as described at www.sweetroyalties.com through our website www.sweetroyalties.com . We will evaluate your submissions in good faith and will notify you of your acceptance or rejection 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 us 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 the former Yugoslavia

2. Utilizing Our Links on Your Site

We will make available to you SPI content created by SPI containing SPI's trade names, service marks, an/or logos for use on your Sweet Royalties galleries. Subject to the terms and conditions herein, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for use in your Sweet Royalties galleries for the sole and exclusive purpose of promoting websites owned, operated or controlled by SPI. In utilizing the Content, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links.

3. Payments

For each user your Sweet Royalties gallery directs to a website in the Sweet Royalties Program who becomes a subscriber or makes a purchase, and who has been tracked and verified by SPI as a Referral (see below) to one of the Program websites from Your Sweet Royalties gallery, you will receive a Payment as set forth in the payout details.

3.1. A Referral from your tracked Sweet Royalties created gallery which entitles you to a Payment shall be defined herein as follows:

(a) An Internet User (hereinafter "User" or "Visitor") who has been directed by you to one or more of the Program websites through the use of your tracked Sweet Royalties created gallery 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 your tracked Sweet Royalties created gallery 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 your tracked Sweet Royalties created gallery purchases goods or services from us.

3.2 You acknowledge and agree that you shall not be entitled to a Payment for any subscriber who you referred to one or more of the Program website(s) in violation of the terms of this Agreement. All Payments due and payable hereunder shall be payable in United States dollars.

3.3 We will pay you a Payment of $1.00 per sign-up coming from your tracked Sweet Royalties created gallery. We will also pay you $15 once the gallery is accepted into the program.

3.4 A limit to the amount of galleries that will be accepted will be imposed. Each webmaster may submit up to 20 galleries per period (40 galleries per month). If more than this are submitted they will not be enabled until the following period.

3.5 Payouts: Payment rates are subject to change from time to time, without notice upon posting on this site. A Payment will only be paid if the Visitor to your Sweet Royalties created gallery can be tracked by the system from the time of the click on your Link to the time of the sale. No Payment will be paid if the Visitor's payment to the Program cannot be tracked directly to your tracked Sweet Royalties created gallery site by our system or if the Visitor does not make full payment for services. Payment payout may be revoked in the future for chargebacks or refunds stemming from members sent from your tracked Sweet Royalties created gallery.

We reserve the right, in our sole and exclusive discretion, to alter or modify the Sweet Royalties 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 all Sweet Royalties participating webmasters, including you, immediately upon posting the changes. It shall be solely your obligation to check the Payout Details to determine if there have been any changes in the Program.

3.6 Time and Method of Payment. Payments due and owing to you under the Sweet Royalties Program will be paid to you directly by SPI by period for sales made during the prior pay period. Periods run from the 1st of the month to the 15th and from the 16th to the end of the month. Checks will be issued on the 28th of the month for period 1 and on the 13th of the next month for period 2. In the event Payments due are below the monthly threshold set by us (currently $50.00) then payment to you may be deferred until such time as the Payment due threshold is met.

3.7 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. 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 $1000 or more and we deduct a $30 fee. If you dispute the manner or amount of calculation of your Payments with regard to any given payment period, You must inform us in writing within fifteen (15) days of the disputed payment, otherwise you are deemed to have waived your right to challenge the payment calculation.

5. Free Content

Sweet Royalties participating webmasters are granted the limited non-exclusive right to use certain SPI content, made available to you free of charge by SPI (Free Content), for your tracked Sweet Royalties created gallery to use in promoting SPI's websites. The free content may be used for the sole purpose of creating Sweet Royalties galleries pursuant to the Sweet Royalties program. Accordingly, the free content cannot appear on any web page unless that page contains a banner or link to an SPI site. You may not have other banners or links on the Sweet Royalties created gallery. If SPI determines in its sole discretion that you are using the free content to sell other programs or promote other sites, you will be terminated as Sweet Royalties participant.

Content may not be linked with html or other coding causing people to be re-directed to other websites. Content may not be used in any way for e-mail spamming, or any other type of spamming, and is meant for use in Sweet Royalties created gallery website publication only. This agreement does not allow you to claim ownership of any of the content. You are not allowed to sell, rent, lease, lend or trade the content online or in any other form of media, without the express written consent of SPI.

All intellectual property rights are retained by SPI. The Model Releases are held by SPI. All models were the legal age of 18 years old at the time that the video and/or photographs were taken. All models gave their consent to the publication of the content concerned.

All records required by Title 18 USC Sec. 2257, for this product and all graphical materials associated, are in custody of:Steve Sweet, Sweet Productions Inc. (Canadian Office) 1624 Franklin Street, Vancouver, B.C. Canada, V7L 1P4. 604-254-3804. SPI is under Canadian jurisdiction and is not subject to 2257 compliance but does so voluntarily as part of its commitment to the integrity of the online adult industry.

If your account has been terminated for any reason all images must be removed from your galleries immediately.

By utilizing these images, you agree to the terms outlined in this Terms of Use.

6. Logos/Trademarks Exclusive Limited License & Grant of Copyright

You grant us an exclusive license to use your names, titles and logos, trademarks (collectively the "Participant Trademarks"), to advertise, market, promote and publicize in any manner our rights hereunder in respect to all Sweet Royalties galleries created by you. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Participant Trademarks and have the right and power to grant to us the license to use same 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 continue in full force and effect along with all rights appurtenant thereto notwithstanding the expiration or termination of this Agreement. By submitting your galleries to the Sweet Royalties program you thereby transfer all right, title and interest in and to the created galleries to SPI for its sole use worldwide. You hereby grant, assign and quitclaim to SPI all of your worldwide right, title and interest including but not limited to all patent, trademark, copyright design right, topography right, trade secrets and other intellectual or industrial property of any nature whatsoever which you may have rights in any and all created galleries, in any format whatsoever, either separately or together in any web site, media or publication owned, produced, controlled or licensed by the SPI; to have and to hold the same, unto the SPI, its successors and assigns, for the full duration of all such rights, and any renewals or extensions. You waive all moral rights in and to the galleries you create and submit to the Sweet Royalties Program. In consideration for such transfer of copyright as aforesaid SPI agrees to pay you pursuant to the terms set out in paragraph 4 herein.

You hereby grant SPI the right to publish your statistics showing, inter alia, conversion rates of the galleries submitted to the Sweet Royalties Program by you along with your submitted avatar and portfolio URL. In the event you do not submit an avatar SPI shall assign a default avatar to you.

7. Term of the Agreement

The term of this Agreement will take effect upon our acceptance of your submitted Sweet Royalties created gallery and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any Payments, even for Payments earned before the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a Payment on sales occurring during the term of the Agreement, and Payments earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

8. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available Payment fees, Payment schedules, payment procedures, and Sweet Royalties Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Sweet Royalties Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.

9. Relationship of Parties

You and SPI are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. We are not your Agent. You are not our Agent.

10. Limitation of Liability

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Sweet Royalties Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Sweet Royalties Program shall not exceed the total Payments paid or payable to you under this Agreement.

11. Disclaimers

We make no express or implied warranties or representations with respect to the Sweet Royalties Program or any SPI services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

12. Representations and Warranties

You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) 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.

13. Confidentiality

We may disclose to you certain information as a result of your participation as part of the Sweet Royalties Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For the purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Sweet Royalties Program Agreement made specifically for your site and not generally available to other participants in the Sweet Royalties Program, website, business and financial information relating to SPI, customer and vendor lists relating to SPI and any participants of the Sweet Royalties Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including 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 or such third person's use of the information.

14. Indemnification

You hereby agree to indemnify, defend and hold harmless SPI, 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"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Sweet Royalties Trademarks infringes the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) any claim related to your site.

15. Miscellaneous

Terminated accounts cannot later apply to the Sweet Royalties Program without our express written consent. The laws of Canada and the Province of British Columbia shall govern this Agreement, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, enure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SPI. BY SIGNING UP TO THIS SWEET ROYALTIES PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS SWEET ROYALTIES PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.