Terms Of Service
Terms and Conditions for the 3DAdult.com Affiliate Program
The following describes the general terms and conditions that have to be followed by the AFFILIATE and 3DAdult.com to provide the Affiliate Program and Services.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT. BY CLICKING "ACCEPT" ON THE SIGNUP FORM OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS LEGAL CONTRACT.
1.1 The 3DAdult Affiliate Program (3DAdult) is provided to Webmasters and is a service of Marvell Media s.r.o, hereinafter called 3DAdult. Participation in the '3DAdult Affiliate Program' (3DAdult) is subject to the following terms and conditions, which terms must be strictly adhered to by the AFFILIATE. By agreeing to these terms the AFFILIATE is agreeing to and acknowledges registering with the 3DADULT Affiliate Program and Services.
1.2 3DADULT hereby grants the AFFILIATE a non-exclusive, limited license, revocable at 3DADULT's discretion, for the AFFILIATE to link to and promote 3DADULT's products and services from any authorized site. Terms and conditions in this agreement apply to this license and all future business relations even if they are not expressly agreed to.
2.1 The AFFILIATE responsibility is to obtain new customers with the aim of the acquisition of new customers being to generate revenue. Revenue from sales from customers that are generated by an AFFILIATE will be billed by 3DADULT directly via its own accounts or those billers approved as third party processors and contracted by 3DADULT and a commission for sales will be provided to the AFFILIATE.
2.2 The AFFILIATE will operate their websites independently of 3DADULT for the purpose of generating sales, and any use of the term affiliate or partner does not imply a formal corporate partnership other than that of an affiliate relationship described in these terms. Neither party is entitled to act on behalf of the other party.
2.3 An AFFILIATE is not a 3DADULT employee and has no rights to compensation as an employee. The AFFFILIATE acknowledges that their participation in the program, including creation or uploading of promotional websites and content, providing traffics and links to the service, does not warrant and employee relationship and that you do not expect to be, and will not be, compensated for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement.
3.1 The contract only becomes valid upon the acceptance of the registration of the AFFILIATE by 3DADULT. Oral agreements or other assurances are not part of the contract, enforceable or binding. Any amendments or conditions must be added to this contract in writing to be valid.
3.2 Persons not of the age of majority, or entities operating within jurisdictions or regions that do not allow the sale or consumption of adult-only content, or those involved in any fraudulent activities or schemes are excluded from participation in the 3DADULT Affiliate Program. AFFILIATES who are found to be in contravention of the terms of this agreement or local laws in foreign jurisdictions will forfeit any value in the accounts.
3.3.1 Within the EU only entrepreneurs or companies with a valid EU VAT identification number (VAT ID) from an EU area are eligible to participate in the 3DADULT Affiliate Program. For part-time webmasters in the European Community a VAT-ID is not necessary
3.3.2 It is the responsibility of any AFFILIATE partner, that that any business activities pursuant to this agreement and pertaining to the 3DADULT Affiliate Program takes place in accordance with respective laws and tax treaties within the jurisdiction the AFFILIATE is registered in or operates from.
3.3.3 An AFFILIATE may not assign this agreement or account without the prior written consent of 3DADULT. An AFFILIATE may not transfer or sublicense any licenses granted herewith in or assign this agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction.
4.1 Registration and participation in the 3DADULT affiliate program is voluntary and free to the AFFILIATE.
4.2 Each AFFILIATE must register online at the 3DAdult (www.3DAdult.com) using the sites online signup form. AFFILIATE's must provide their personal legal name or legal registered company name, mailing address, tax identification number, complete and accurate payout option information, phone, fax and e-mail address as specified. The AFFILIATE must provide accurate verifiable information and inform 3DADULT immediately in regards to any changes of the registration data. Providing false information to is grounds for immediate termination and forfeiture.
4.3 3DADULT will verify tax identification numbers provided, but until verified an AFFILIATE can access their account details and stats for sales to date, but no commission payments will be made until verification is completed with respective authorities in regards to the validity of tax information provided by the AFFILIATE.
4.4 An individual entrepreneur or company is allowed only one affiliate account for all 3DADULT products.
4.5 3DADULT reserves the right to:
a) reject the application of the AFFILIATE if a site is legally questionable - especially with racist and/or sexually degrading or extreme pornography and/or implied or implicit sex with minors and/or is affiliated with sites that distribute copyrighted materials without permission or our involved in deceptive or unlawful activities.
b) reject the application for any operational reasons as outlined in this agreement.
4.6 3DADULT is entitled to terminate the contract in accordance with terms 4.5 a or b, and if for those reasons the AFFILIATE will immediately forfeit any sales commissions not paid and waive any claims against 3DADULT, unless caused by willful or gross negligent behavior of 3DADULT.
5.1 All 3DADULT products as offered under the current AFFILIATE sites programs can only be purchased online using various third-party payment systems or via alternative billing methods approved or integrated by 3DADULT.
5.2 The payment systems provide an accounting software that can be used by the users (Internet users) to subscribe for a paid members area or purchase virtual goods for sites offered by the 3DADULT affiliate program. The billing is done through different billing partners and rates via credit cards, direct debit (debit), bank transfer, prepaid, pay-per-call and other methods as specified by 3DADULT. The AFFILIATE cannot provide alternate billing of their own.
5.3 3DADULT will provide AFFILIATES with up to date online sales and revenue statistics as available, in so far as transaction data is made available in a timely manner to 3DADULT by third party billers and billing processors. The AFFILIATE will enter an assigned Affiliate ID, Username and Password to access their account information. 3DADULT online statistics will provide reports for each billing period, including sales commissions and when payouts have been made to AFFILIATES.
5.4 3DADULT will provide and contract services within the scope of the agreement with the AFFILIATE for the duration of the contract.
5.5 3DADULT is entitled to provide its AFFILIATE services described in the agreement through third parties and or sell the AFFILIATE program to a third party.
6.1 AFFILIATE will receive a basic sales commission on all referrals that lead to completed transactions and/or sales of any other 3DADULT products offered thru the AFFILIATE site or traffic network.
6.2 In order for the revenues to be properly tracked and credited to an AFFILIATE, an AFFILIATE must send the user to the individual program join pages with its AID (affiliate ID) derived from the 3DADULT Affiliate Program included in the link. The AFFILIATE is responsible for the proper linking to the program pages and member areas from their own sites using 3DADULT provide codes for such links, and the AFFFILIATE waives any right to compensation or claims in case of incorrect Affiliate ID linking errors or modifications made to tracking IDS by the AFFILIATE.
6.3.1 3DADULT shall ensure that the customer AID is tracked correctly when linked to from an AFFILIATE site or AFFILIATE URL to a 3DADULT tour or join page URL, and that AID's are passed on properly in their entirety throughout all and any steps in the sign up process to competition URLs from initial visit to completed signup.
6.3.2 User accounts are connected to the stored affiliate ID permanently in our database, and all transactions are credited to the connected affiliate. AID tracking data will be stored in cookies and permanently embedded in software downloads of the 3DADULT products. Once a 3DADULT application is installed and AID stored on the user’s PC, the brokered affiliate ID is used if a user signs up for a free account. The exception is when the customer visits a 3DADULT related site with a different affiliate ID than the one already stored before joining any of the 3DADULT sites. In this case if the customer signs up for a free account while visiting the site the unique AID is then forwarded during the signup process and connected with the user account, but will be dismissed if the user does not sign up during that session.
6.3.3 3DADULT assumes no responsibility, and the AFFILIATE waives any right or claim to compensation related to an affiliate ID being lost or invalid, and thus the payment process cannot be tracked and correctly assigned, because of changed settings on the PC of the user, through manipulation by the user (such as deleting cookies, changing the URL, etc. ..) or from any other reasons that are beyond the control of 3DADULT.
6.4 AFFILIATE acquired customers contract directly with 3DADULT upon installing 3DADULT products and are not a party to the AFFILIATE in anyway. The data of the newly acquired customers are subject to the privacy policies of 3DADULT and/or the billing provider, and the AFFILIATE under any circumstance is not entitled to inspect or use this data in any way.
6.5 The Commissions are tracked and reported PRO RATA to the online statistics at any time.
7.1 An AFFILIATE has the option to allow webmaster referrals using their Affiliate ID of other referring sub-partners. In addition, affiliate referrals, resulting from a visit to a site advertised by AFFILIATE, are automatically assigned to the AFFILIATE. New partners who enlist any additional AFFILIATE recruited sub-partners are not assigned to the AFFILIATE. No Pyramid commission structures or multi-level recruitment tactics or schemes for refereeing webmasters to any 3DADULT programs are allowed.
7.2 It is prohibited to refer affiliates, who are in direct business relationships to the referring AFFILIATE (e.g. subsidiary companies), nor to apply under an existing affiliate account of the referring AFFILIATE. Any infraction or fraud will result in immediate closure of the accounts and the expiration of all outstanding commission claims. Furthermore 3DADULT is entitled to recover any fees already paid, which were achieved through such unauthorized activities.
7.3 Referred parties contract with 3DADULT directly and are not party to any agreement with the referring AFFILIATES. The data for the newly recruited partners are subject to privacy and the referring AFFILIATE under no circumstances is entitled to use the data. A right to information to the referring AFFILIATE exists only in relation to the total number of referred affiliates and total revenue share of the recruited partners reported in the online statistics system.
7.4 AFFILIATES revenue share for commissions generated by sub-partners is 5% of the payout. This information is reported separately in the 3DAdult Affiliate Admin statistics as net rev share based on commission structures for the referring webmasters.
8.1 Commissions are always calculated for a full month.
8.2 A fee paid to companies/entrepreneurs within the EU is only possible if 3DADULT is provided valid EU VAT registration. If the AFFILIATE specifies, when registering an account, a false or invalid VAT, further entitlement to payments of all outstanding and future commissions is revoked. Furthermore 3DADULT is entitled to reclaim any commissions already paid under false pretenses.
8.3 If the AFFILIATE activates the age verification (AVS) provided by 3DADULT, the fees will be charged in accordance with the AFFILIATE rev share at the time the transaction takes place. When activated, each AVS end user from Germany will be charged the first payment process by the AVS. The costs of age verification are reported in the online statistics.
8.4 The calculation of commissions is based on the gross amount paid by the customers. Cancellations, charge backs, refunds and related fees will be calculated according to the rev share percentages at the time of original transaction and applied on a pro rata basis. The cost of payment processing services for memberships (excluding pay-per-call members) shall be borne by 3DADULT. Revenues that are achieved through pay-per-call (per minute billing) are calculated from the payout, the company receives from the settlement to 3DADULT. The exact commission shares per minute per country are listed in the Affiliate Admin.
8.5 Sales Reports and Commissions in the online statistics are calculated in EUR or USD. Revenues that are reported in another currency are translated with an updated daily exchange rate provided by the European Central Bank (ECB). This average rate used during respective billing periods can cause fluctuations in the amounts provided in the online statistics within the month. The FINAL DEFINITIVE calculation for a billing period uses the exchange rate on the dates of actual payouts, and is based on the ECB reported on those dates.
8.6 Referrals (commission income from sales, referred directly by AFFILIATE sub-partners have been generated) are calculated as well as commissions at the same time.
8.7 The amount of the commissions and referrals are derived exclusively and solely from the online statistics contained in the 3DAdult affiliate program (http://epochstats.com/webmasters/) and the applicable pay scales and revenue shares based on the commissions page 3DAdult (www.3DAdult.com), and are only reported in the online statistics (http://epochstats.com/webmasters/
8.8.1 The VAT (20%) is included in commissions paid out to AFFILIATES who are residents of Austria, and are an entrepreneur or company providing a VAT number. Private part-time affiliates without a valid VAT number receive a commission from Austria without VAT.
8.8.2 AFFILIATES from other countries within the EU receive commissions without VAT (20%) from 3DADULT, due to the accepted reverse tax charge mechanism, § 19 para 1 of UStG.
8.8.3 AFFILIATES from countries outside the EU receive gross commissions.
8.9 Commissions are paid only when the AFFILIATE reaches a set minimum amount (at least EUR 100) in the online statistics reporting system. If the minimum payment limit is not reached, then the commission amount will be applied at the next billing period and accrued until the minimum payment limit is reached or exceeded bfore a monthly payment will be made.
8.10 The date of commission payouts can be seen in the online statistics and are paid within 30 days after the end of a month. The commission payments made by 3DADULT and all payouts are in EUR or USD based on payment options selected by an AFFIALTE in their registered account.
8.11 The AFFILIATE is obliged to and responsible to pay and submit ALL taxes on all of 3DADULT received commission payments, whenever received, and wherever received if not covered by existing tax treaties with Austria.
8.12 The AFFILIATE is responsible to ensure that the account information, entered and used for the payment of commissions, are valid, current and correct. 3DADULT assumes no responsibility for transactions based on false account information, and is not liable for lost transfers due to incorrect or invalid information. It is the AFFILIATE’s responsibility after signing up to verify the accuracy of any account information in the online statistics and data sections of their respective accounts, and to keep this information current. Otherwise, returned overdue payments will be withheld and carried out only after the confirmation of corrected information and with the next commission payment.
8.13 Wire transfers of commissions of up to EUR 50,000 to AFFILIATES within the EC Euro area as a recipient of charges € performed transfers are free, if BIC (SWIFT) and IBAN is correct. For wire transfers of commissions to Affiliates in Austria there are no separate costs. For wire transfers of commissions in all other cases to Affiliates in countries outside the EC Euro area, transfer fees are the responsibility of and are to be paid by the AFFILIATE recipient.
8.14 For payout methods other than wire transfers fees may apply. These fees are listed in the signup form and the online affiliate administration.
8.15 If a provider of a payment system used by 3DADULT suspends payments due to 3DADULT, regardless of the legal or other reasons, and does not pay 3DADULT, 3DADULT is entitled to stop payouts for these commission amounts reported as settled and paid by the online statistics system. 3DADULT undertakes, in such a case, to inform the AFFILIATE immediately and take all possible legal steps to obtain payment of the respective billing amounts owed 3DADULT by the service provider.
9.1 AFFILIATE must check all payout statements account details immediately. Obvious defects and mistakes must be notified immediately in writing. Defects which after careful examination are not discovered immediately, but are discovered at most within a maximum period of three months (90 days), must be submitted to 3DADULT in writing immediately upon their discovery.
10.1 The AFFILIATE relationship begins only with the acceptance and formal acknowledgement of registration of the AFFILIATE by 3DADULT. The relationship may be terminated at any time without notice for any reason by either party (summary dismissal without good reason). Entitlement to commission payments exists only for the period of the partnership agreement. The entitlement to the payment of commissions to the AFFILIATE accrued to the date of termination will remain. AFFILIATE commissions under the minimum limit 100 euro or USD expire upon termination of the affiliate relationship. After cancellation no commissions will be paid for any other recurring transactions.
10.2 In regards to final payouts after termination, 3DADULT has the right to hold back fees, at the proportional rev shares at the time, for potential chargeback's or other fees at risk after the partnership agreement terminates, and can hold said fees back until they are considered safe for settlement at 3DADULT's discretion. 3DADULT maintains the right to claim back and recover misappropriated rev share amounts paid out based on fee structures in clause 8.4
10.3 Upon termination of the AFFILIATE agreement, all licensed or granted rights to use any 3DADULT application, webmaster services or promotional materials provided by 3DADULT to the AFFILIATE (website, materials, layouts, banners, images, downloads etc.) are also terminated. Upon termination the AFFILIATE has 10 days to cease use of and remove all related materials made available from its websites or traffic networks.
10.4 Compensation claims in connection with the termination of a partnership agreement are excluded.
11.1 3DADULT provides the Affiliate Program services including without limitation the websites, applications servers, in-game content, support communities and AFFILIAE Account, on an as-is basis and hereby expressly disclaims all warranties or conditions of any kind, written oral, express, implied or statutory including without limitation any implied warranty of non infringement, merchantability or fitness for a particular purpose, and the AFFILIATE assumes all risk of loss from using the program and services on this basis.
11.2 3DADULT assumes no liability for deliberate attacks by third parties (hackers, computer viruses, DDoS attacks, etc.) on their servers and that attack may result in loss of transaction or commission data. 3DADULT will use best practices security measures and maintain reasonable backups and in the case of catastrophic data loss, and the last backup will be used for recovery of data for billing and commission payout purposes.
11.3 The performance of the servers may be temporarily affected by the occurrence of unforeseen extraordinary circumstances that 3DADULT may encounter despite reasonable diligence under the circumstances, and that cannot be avoided, e.g. technical changes on the server hardware or OS , maintenance, repairs, upgrades of and/or change of hosting provider, equipment failure, power supply problems and in cases of force majeure or due to other measures that are required for proper or improved operation of the AFFILIATE system and related sites. Under these circumstances there will be no compensation for downtime or outages.
12.1 AFFILIATES who operate Web sites with illegal content may not participate in the partnership program. Illegal contents are in particular those that violate youth protection, copyright, privacy, competition, privacy rights or other laws.
12.2 3DADULT does not check or validate the contents of the sites of an AFFILIATE, and is not responsible for their content. The AFFILIATE shall be responsible for all liabilities associated with its own provision of content and activities if they are deemed illegal or irresponsible, and hold 3DADULT harmless from any and all associated damages.
12.3 Resale of any unauthorized content created using 3DADULT games for resale directly by or thru other unrelated affiliate networks not party to this agreement, or by anyone other than 3DADULT, without expressed written consent by 3DADULT, is strictly prohibited by this agreement and international copyright law, and will be considered illegal content and result in immediate termination and legal action being taken pursuant to damages created from the illegally produced and distributed 3DADULT copyrighted content.
13.1 The entitlement to AFFILIATE commissions if any of the terms of this agreement is violated or neglected is forfeited.
13.2 The AFFILIATE is only allowed to use promotional websites, layouts and banners from the 3DADULT affiliate program (3DAdult) to advertise and promote 3DADULT only provided products and services. Under no circumstances should copyright notices be removed from 3DADULT provided materials. Only materials being accordingly marked with copyright notices may be used on servers or web space controlled by the AFFILIATE. Violation of the copyright provisions by the AFFILIATE which cause damages or or other injuries to third persons (designers, content providers, content vendors, models, etc.) are the AFFILIATES responsibility alone and at the expense of the AFFILIATE.Lasten.
13.3 The AFFILIATE may only use the 3DADULT affiliate program links provided by the online statistics application. The use of AFFILIATE custom created signup forms or the use of modified or other links is NOT allowed. If an AFFILIATE wants to link directly to a 3DADULT signup or payment form a separate approval from 3DADULT is required, and the AFFILATE must provide the customer with a clearly visible and marked link to be given the opportunity to download and use the free demo area of the respective 3DADULT website.
13.4 The AFFILIATE may not apply any re-branding to the sites or products of the affiliate program or services of 3DADULT, use any misleading or foreign brand names, other product names, and may not use deceptive practices in the SEO sensitive keywords descriptions and meta tags of their websites. In the case of violations by the AFFILIATE, all resulting damages or other copyright violations arising from said improper usage are at the expense of the AFFILIATE
13.5 An AFFILIATE is responsible to take care, that their login credentials and chosen password for the online statistics 3DAdult Affiliate program is confidential secure and safe (e.g. no known user name / password combinations, combinations that are easy to guess, etc.) and that access must not be shared. 3DADULT assumes no responsibility for misuse of data by an AFFILIATE of the online statistics.
13.6 The sending of unsolicited e-mail advertising (spam), the use of misleading links and e-mail tactics, and providing false e-mail addresses or names and/or dates are NOT permitted by the AFFILIATE. Any unlawful advertising or promotional activities are grounds for IMMEDIATE TERMINATION and FORFITURE of ALL COMMISSIONS.
13.7 The requirement to comply with the statutory provisions on youth protection rests solely with the registered AFFILIATE.
13.8 Should a breach of duty in this agreement by an AFFILIATE accrue to 3DADULT a loss, legal ramifications or any other expenses, 3DADULT has the right to collect for said damages from the AFFILIATE. In cases of breaches of duty by an AFFILIATE, 3DADULT has the right to terminate the account and freeze the credit or payments, until the matter is resolved.
14.1 3DADULT is NOT liable for its AFFILIATES actions, or any other liability for indirect or consequential damages, and the AFFILAITE releases 3DADULT from any claims relating to its actions. Claims for damages against 3DADULT are limited to intentional or grossly negligent conduct or breach of a contractual obligation. In the event of a breach of a contractual obligation, the liability is limited to a maximum of 100.00 EUR.
15.1 In dealing with the personal information of an AFFILIATE 3DADULT will observe the general laws on data protection, and use other best practice measures to meet all of the privacy and data protection requirements necessary for technical and organizational measures.
15.2 3DADULT is entitled to process and verify personal data of the AFFILIATE, and to use the information to the extent necessary, to justify and create a valid contractual relationship between 3DADULT and the AFFILIATE.
15.3 3DADULT is also entitled to process personal data and to use the AFFILIATE information, as far as this has not been objected to and the AFFILIATE has properly opted out, for the purpose of advising the AFFILIATES about offers, new promotions, program changes and other news requirements, through advertising, market research and e-mail as required to maintain the AFFILIATE program.
16.1 The AFFILIATE agrees that the terms and conditions as a whole or in part can be changed at any time by 3DADULT, and requires no prior notice. These changes may include the commission percentage, the payout processes, the billing company used or the program rules. The changed or amended terms and conditions apply from the date of receipt of notification of change in the agreement. If any such change is unacceptable to you, you must terminate this Agreement. If you continue to participate in the Affiliate Program, you agree to the changes on an ongoing basis by logging into and using the online statistics program.
16.2 The AFFILIATE and 3DADULT agree that the official notification of change shall be considered when 3DADULT has deposited to the AFFILIATE by e-mail details of the changes to the registered email address of record in the 3DADULT Affiliate Program, or if 3DADULT provides general posts in the news section area of the online statistics 3DADULT Affiliate Program.
17.1 The venue for all disputes arising from the contractual relationship is Innsbruck Austria. The contractual relationship is governed by the laws of the Republic of Austria.
18.1 If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth in this agreement, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
19.1 If any portion of this agreement is found to be invalid or unenforceable, the remaining parts will remain in full force and effect.
20.1 This agreement constitutes the entire agreement between the AFFILIATE and 3DADULT with respect to the 3DADULT Affiliate Program and related services and supersedes all prior or contemporaneous communications, whether electronic, oral or written with respect to its subject matter and the AFFILIATE represents to have not relied on any such communications in accepting this Agreement. If not expressly accepted in writing by 3DADULT, any modifications to this document are non-binding.
21.1 3DADULT's failure to enforce any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by 3DADULT of any provision, condition or requirement of the agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
22.1 AFFILIATE shall indemnify and hold 3DADULT, its subsidiaries, other affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors and any successor-in-interest (the Indemnified Parties ) harmless from any breach of this Agreement by the AFFILIATE, including any use of Program materials other than as expressly authorized in this Agreement. AFFILIATE agrees that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and AFFILIATE agrees to indemnify for any resulting loss, damage, judgment, award, cost, expense, and attorneys' fees of the Indemnified Parties. Affiliate shall also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of AFFILIATE breaches of this contract.
23.1 Any sexually explicit voice recording audio content included with the software are recordings of actors / actresses over the age of eighteen years at the time of said recordings. All sexually explicit images displayed by the software and the website are completely computer generated, the creation process Of which never involved male or female live models of any kind. Some visual depictions displayed and audio in the product are exempt from the provision of 18 USC section 2257 and 28 CFR 75 because said visual depictions DO NOT consist of depictions of conduct as specifically listed in 18 USC section 2256 (2) (A) through (D), but are merely depictions of conduct non-sexually explicit nudity, or are depictions of simulated sexual. The owners and operators of the product are the primary producer of most of the visual content contained in the. Product Name email inquiries pertaining to content of the product can be made here .
1. The Affiliate Program
1.1 The 3DAdult Affiliate Program (3DAdult) is provided to Webmasters and is a service of Marvell Media s.r.o, hereinafter called 3DAdult. Participation in the '3DAdult Affiliate Program' (3DAdult) is subject to the following terms and conditions, which terms must be strictly adhered to by the AFFILIATE. By agreeing to these terms the AFFILIATE is agreeing to and acknowledges registering with the 3DADULT Affiliate Program and Services.
1.2 3DADULT hereby grants the AFFILIATE a non-exclusive, limited license, revocable at 3DADULT's discretion, for the AFFILIATE to link to and promote 3DADULT's products and services from any authorized site. Terms and conditions in this agreement apply to this license and all future business relations even if they are not expressly agreed to.
2. Relationship between the Parties
2.1 The AFFILIATE responsibility is to obtain new customers with the aim of the acquisition of new customers being to generate revenue. Revenue from sales from customers that are generated by an AFFILIATE will be billed by 3DADULT directly via its own accounts or those billers approved as third party processors and contracted by 3DADULT and a commission for sales will be provided to the AFFILIATE.
2.2 The AFFILIATE will operate their websites independently of 3DADULT for the purpose of generating sales, and any use of the term affiliate or partner does not imply a formal corporate partnership other than that of an affiliate relationship described in these terms. Neither party is entitled to act on behalf of the other party.
2.3 An AFFILIATE is not a 3DADULT employee and has no rights to compensation as an employee. The AFFFILIATE acknowledges that their participation in the program, including creation or uploading of promotional websites and content, providing traffics and links to the service, does not warrant and employee relationship and that you do not expect to be, and will not be, compensated for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement.
3. Signatories to the Agreement
3.1 The contract only becomes valid upon the acceptance of the registration of the AFFILIATE by 3DADULT. Oral agreements or other assurances are not part of the contract, enforceable or binding. Any amendments or conditions must be added to this contract in writing to be valid.
3.2 Persons not of the age of majority, or entities operating within jurisdictions or regions that do not allow the sale or consumption of adult-only content, or those involved in any fraudulent activities or schemes are excluded from participation in the 3DADULT Affiliate Program. AFFILIATES who are found to be in contravention of the terms of this agreement or local laws in foreign jurisdictions will forfeit any value in the accounts.
3.3.1 Within the EU only entrepreneurs or companies with a valid EU VAT identification number (VAT ID) from an EU area are eligible to participate in the 3DADULT Affiliate Program. For part-time webmasters in the European Community a VAT-ID is not necessary
3.3.2 It is the responsibility of any AFFILIATE partner, that that any business activities pursuant to this agreement and pertaining to the 3DADULT Affiliate Program takes place in accordance with respective laws and tax treaties within the jurisdiction the AFFILIATE is registered in or operates from.
3.3.3 An AFFILIATE may not assign this agreement or account without the prior written consent of 3DADULT. An AFFILIATE may not transfer or sublicense any licenses granted herewith in or assign this agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction.
4. Affiliate Application
4.1 Registration and participation in the 3DADULT affiliate program is voluntary and free to the AFFILIATE.
4.2 Each AFFILIATE must register online at the 3DAdult (www.3DAdult.com) using the sites online signup form. AFFILIATE's must provide their personal legal name or legal registered company name, mailing address, tax identification number, complete and accurate payout option information, phone, fax and e-mail address as specified. The AFFILIATE must provide accurate verifiable information and inform 3DADULT immediately in regards to any changes of the registration data. Providing false information to is grounds for immediate termination and forfeiture.
4.3 3DADULT will verify tax identification numbers provided, but until verified an AFFILIATE can access their account details and stats for sales to date, but no commission payments will be made until verification is completed with respective authorities in regards to the validity of tax information provided by the AFFILIATE.
4.4 An individual entrepreneur or company is allowed only one affiliate account for all 3DADULT products.
4.5 3DADULT reserves the right to:
a) reject the application of the AFFILIATE if a site is legally questionable - especially with racist and/or sexually degrading or extreme pornography and/or implied or implicit sex with minors and/or is affiliated with sites that distribute copyrighted materials without permission or our involved in deceptive or unlawful activities.
b) reject the application for any operational reasons as outlined in this agreement.
4.6 3DADULT is entitled to terminate the contract in accordance with terms 4.5 a or b, and if for those reasons the AFFILIATE will immediately forfeit any sales commissions not paid and waive any claims against 3DADULT, unless caused by willful or gross negligent behavior of 3DADULT.
5. Services
5.1 All 3DADULT products as offered under the current AFFILIATE sites programs can only be purchased online using various third-party payment systems or via alternative billing methods approved or integrated by 3DADULT.
5.2 The payment systems provide an accounting software that can be used by the users (Internet users) to subscribe for a paid members area or purchase virtual goods for sites offered by the 3DADULT affiliate program. The billing is done through different billing partners and rates via credit cards, direct debit (debit), bank transfer, prepaid, pay-per-call and other methods as specified by 3DADULT. The AFFILIATE cannot provide alternate billing of their own.
5.3 3DADULT will provide AFFILIATES with up to date online sales and revenue statistics as available, in so far as transaction data is made available in a timely manner to 3DADULT by third party billers and billing processors. The AFFILIATE will enter an assigned Affiliate ID, Username and Password to access their account information. 3DADULT online statistics will provide reports for each billing period, including sales commissions and when payouts have been made to AFFILIATES.
5.4 3DADULT will provide and contract services within the scope of the agreement with the AFFILIATE for the duration of the contract.
5.5 3DADULT is entitled to provide its AFFILIATE services described in the agreement through third parties and or sell the AFFILIATE program to a third party.
6. Commission Tracking
6.1 AFFILIATE will receive a basic sales commission on all referrals that lead to completed transactions and/or sales of any other 3DADULT products offered thru the AFFILIATE site or traffic network.
6.2 In order for the revenues to be properly tracked and credited to an AFFILIATE, an AFFILIATE must send the user to the individual program join pages with its AID (affiliate ID) derived from the 3DADULT Affiliate Program included in the link. The AFFILIATE is responsible for the proper linking to the program pages and member areas from their own sites using 3DADULT provide codes for such links, and the AFFFILIATE waives any right to compensation or claims in case of incorrect Affiliate ID linking errors or modifications made to tracking IDS by the AFFILIATE.
6.3.1 3DADULT shall ensure that the customer AID is tracked correctly when linked to from an AFFILIATE site or AFFILIATE URL to a 3DADULT tour or join page URL, and that AID's are passed on properly in their entirety throughout all and any steps in the sign up process to competition URLs from initial visit to completed signup.
6.3.2 User accounts are connected to the stored affiliate ID permanently in our database, and all transactions are credited to the connected affiliate. AID tracking data will be stored in cookies and permanently embedded in software downloads of the 3DADULT products. Once a 3DADULT application is installed and AID stored on the user’s PC, the brokered affiliate ID is used if a user signs up for a free account. The exception is when the customer visits a 3DADULT related site with a different affiliate ID than the one already stored before joining any of the 3DADULT sites. In this case if the customer signs up for a free account while visiting the site the unique AID is then forwarded during the signup process and connected with the user account, but will be dismissed if the user does not sign up during that session.
6.3.3 3DADULT assumes no responsibility, and the AFFILIATE waives any right or claim to compensation related to an affiliate ID being lost or invalid, and thus the payment process cannot be tracked and correctly assigned, because of changed settings on the PC of the user, through manipulation by the user (such as deleting cookies, changing the URL, etc. ..) or from any other reasons that are beyond the control of 3DADULT.
6.4 AFFILIATE acquired customers contract directly with 3DADULT upon installing 3DADULT products and are not a party to the AFFILIATE in anyway. The data of the newly acquired customers are subject to the privacy policies of 3DADULT and/or the billing provider, and the AFFILIATE under any circumstance is not entitled to inspect or use this data in any way.
6.5 The Commissions are tracked and reported PRO RATA to the online statistics at any time.
7. Webmaster Referrals
7.1 An AFFILIATE has the option to allow webmaster referrals using their Affiliate ID of other referring sub-partners. In addition, affiliate referrals, resulting from a visit to a site advertised by AFFILIATE, are automatically assigned to the AFFILIATE. New partners who enlist any additional AFFILIATE recruited sub-partners are not assigned to the AFFILIATE. No Pyramid commission structures or multi-level recruitment tactics or schemes for refereeing webmasters to any 3DADULT programs are allowed.
7.2 It is prohibited to refer affiliates, who are in direct business relationships to the referring AFFILIATE (e.g. subsidiary companies), nor to apply under an existing affiliate account of the referring AFFILIATE. Any infraction or fraud will result in immediate closure of the accounts and the expiration of all outstanding commission claims. Furthermore 3DADULT is entitled to recover any fees already paid, which were achieved through such unauthorized activities.
7.3 Referred parties contract with 3DADULT directly and are not party to any agreement with the referring AFFILIATES. The data for the newly recruited partners are subject to privacy and the referring AFFILIATE under no circumstances is entitled to use the data. A right to information to the referring AFFILIATE exists only in relation to the total number of referred affiliates and total revenue share of the recruited partners reported in the online statistics system.
7.4 AFFILIATES revenue share for commissions generated by sub-partners is 5% of the payout. This information is reported separately in the 3DAdult Affiliate Admin statistics as net rev share based on commission structures for the referring webmasters.
8. Commission Calculations and Payments
8.1 Commissions are always calculated for a full month.
8.2 A fee paid to companies/entrepreneurs within the EU is only possible if 3DADULT is provided valid EU VAT registration. If the AFFILIATE specifies, when registering an account, a false or invalid VAT, further entitlement to payments of all outstanding and future commissions is revoked. Furthermore 3DADULT is entitled to reclaim any commissions already paid under false pretenses.
8.3 If the AFFILIATE activates the age verification (AVS) provided by 3DADULT, the fees will be charged in accordance with the AFFILIATE rev share at the time the transaction takes place. When activated, each AVS end user from Germany will be charged the first payment process by the AVS. The costs of age verification are reported in the online statistics.
8.4 The calculation of commissions is based on the gross amount paid by the customers. Cancellations, charge backs, refunds and related fees will be calculated according to the rev share percentages at the time of original transaction and applied on a pro rata basis. The cost of payment processing services for memberships (excluding pay-per-call members) shall be borne by 3DADULT. Revenues that are achieved through pay-per-call (per minute billing) are calculated from the payout, the company receives from the settlement to 3DADULT. The exact commission shares per minute per country are listed in the Affiliate Admin.
8.5 Sales Reports and Commissions in the online statistics are calculated in EUR or USD. Revenues that are reported in another currency are translated with an updated daily exchange rate provided by the European Central Bank (ECB). This average rate used during respective billing periods can cause fluctuations in the amounts provided in the online statistics within the month. The FINAL DEFINITIVE calculation for a billing period uses the exchange rate on the dates of actual payouts, and is based on the ECB reported on those dates.
8.6 Referrals (commission income from sales, referred directly by AFFILIATE sub-partners have been generated) are calculated as well as commissions at the same time.
8.7 The amount of the commissions and referrals are derived exclusively and solely from the online statistics contained in the 3DAdult affiliate program (http://epochstats.com/webmasters/) and the applicable pay scales and revenue shares based on the commissions page 3DAdult (www.3DAdult.com), and are only reported in the online statistics (http://epochstats.com/webmasters/
8.8.1 The VAT (20%) is included in commissions paid out to AFFILIATES who are residents of Austria, and are an entrepreneur or company providing a VAT number. Private part-time affiliates without a valid VAT number receive a commission from Austria without VAT.
8.8.2 AFFILIATES from other countries within the EU receive commissions without VAT (20%) from 3DADULT, due to the accepted reverse tax charge mechanism, § 19 para 1 of UStG.
8.8.3 AFFILIATES from countries outside the EU receive gross commissions.
8.9 Commissions are paid only when the AFFILIATE reaches a set minimum amount (at least EUR 100) in the online statistics reporting system. If the minimum payment limit is not reached, then the commission amount will be applied at the next billing period and accrued until the minimum payment limit is reached or exceeded bfore a monthly payment will be made.
8.10 The date of commission payouts can be seen in the online statistics and are paid within 30 days after the end of a month. The commission payments made by 3DADULT and all payouts are in EUR or USD based on payment options selected by an AFFIALTE in their registered account.
8.11 The AFFILIATE is obliged to and responsible to pay and submit ALL taxes on all of 3DADULT received commission payments, whenever received, and wherever received if not covered by existing tax treaties with Austria.
8.12 The AFFILIATE is responsible to ensure that the account information, entered and used for the payment of commissions, are valid, current and correct. 3DADULT assumes no responsibility for transactions based on false account information, and is not liable for lost transfers due to incorrect or invalid information. It is the AFFILIATE’s responsibility after signing up to verify the accuracy of any account information in the online statistics and data sections of their respective accounts, and to keep this information current. Otherwise, returned overdue payments will be withheld and carried out only after the confirmation of corrected information and with the next commission payment.
8.13 Wire transfers of commissions of up to EUR 50,000 to AFFILIATES within the EC Euro area as a recipient of charges € performed transfers are free, if BIC (SWIFT) and IBAN is correct. For wire transfers of commissions to Affiliates in Austria there are no separate costs. For wire transfers of commissions in all other cases to Affiliates in countries outside the EC Euro area, transfer fees are the responsibility of and are to be paid by the AFFILIATE recipient.
8.14 For payout methods other than wire transfers fees may apply. These fees are listed in the signup form and the online affiliate administration.
8.15 If a provider of a payment system used by 3DADULT suspends payments due to 3DADULT, regardless of the legal or other reasons, and does not pay 3DADULT, 3DADULT is entitled to stop payouts for these commission amounts reported as settled and paid by the online statistics system. 3DADULT undertakes, in such a case, to inform the AFFILIATE immediately and take all possible legal steps to obtain payment of the respective billing amounts owed 3DADULT by the service provider.
9. Notice of defects and warranties
9.1 AFFILIATE must check all payout statements account details immediately. Obvious defects and mistakes must be notified immediately in writing. Defects which after careful examination are not discovered immediately, but are discovered at most within a maximum period of three months (90 days), must be submitted to 3DADULT in writing immediately upon their discovery.
10. Duration of the Affiliate Relationship
10.1 The AFFILIATE relationship begins only with the acceptance and formal acknowledgement of registration of the AFFILIATE by 3DADULT. The relationship may be terminated at any time without notice for any reason by either party (summary dismissal without good reason). Entitlement to commission payments exists only for the period of the partnership agreement. The entitlement to the payment of commissions to the AFFILIATE accrued to the date of termination will remain. AFFILIATE commissions under the minimum limit 100 euro or USD expire upon termination of the affiliate relationship. After cancellation no commissions will be paid for any other recurring transactions.
10.2 In regards to final payouts after termination, 3DADULT has the right to hold back fees, at the proportional rev shares at the time, for potential chargeback's or other fees at risk after the partnership agreement terminates, and can hold said fees back until they are considered safe for settlement at 3DADULT's discretion. 3DADULT maintains the right to claim back and recover misappropriated rev share amounts paid out based on fee structures in clause 8.4
10.3 Upon termination of the AFFILIATE agreement, all licensed or granted rights to use any 3DADULT application, webmaster services or promotional materials provided by 3DADULT to the AFFILIATE (website, materials, layouts, banners, images, downloads etc.) are also terminated. Upon termination the AFFILIATE has 10 days to cease use of and remove all related materials made available from its websites or traffic networks.
10.4 Compensation claims in connection with the termination of a partnership agreement are excluded.
11. Technical Defects and Warranties
11.1 3DADULT provides the Affiliate Program services including without limitation the websites, applications servers, in-game content, support communities and AFFILIAE Account, on an as-is basis and hereby expressly disclaims all warranties or conditions of any kind, written oral, express, implied or statutory including without limitation any implied warranty of non infringement, merchantability or fitness for a particular purpose, and the AFFILIATE assumes all risk of loss from using the program and services on this basis.
11.2 3DADULT assumes no liability for deliberate attacks by third parties (hackers, computer viruses, DDoS attacks, etc.) on their servers and that attack may result in loss of transaction or commission data. 3DADULT will use best practices security measures and maintain reasonable backups and in the case of catastrophic data loss, and the last backup will be used for recovery of data for billing and commission payout purposes.
11.3 The performance of the servers may be temporarily affected by the occurrence of unforeseen extraordinary circumstances that 3DADULT may encounter despite reasonable diligence under the circumstances, and that cannot be avoided, e.g. technical changes on the server hardware or OS , maintenance, repairs, upgrades of and/or change of hosting provider, equipment failure, power supply problems and in cases of force majeure or due to other measures that are required for proper or improved operation of the AFFILIATE system and related sites. Under these circumstances there will be no compensation for downtime or outages.
12. Illegal Content & Copyright Violations
12.1 AFFILIATES who operate Web sites with illegal content may not participate in the partnership program. Illegal contents are in particular those that violate youth protection, copyright, privacy, competition, privacy rights or other laws.
12.2 3DADULT does not check or validate the contents of the sites of an AFFILIATE, and is not responsible for their content. The AFFILIATE shall be responsible for all liabilities associated with its own provision of content and activities if they are deemed illegal or irresponsible, and hold 3DADULT harmless from any and all associated damages.
12.3 Resale of any unauthorized content created using 3DADULT games for resale directly by or thru other unrelated affiliate networks not party to this agreement, or by anyone other than 3DADULT, without expressed written consent by 3DADULT, is strictly prohibited by this agreement and international copyright law, and will be considered illegal content and result in immediate termination and legal action being taken pursuant to damages created from the illegally produced and distributed 3DADULT copyrighted content.
13. General Obligations of Affiliates
13.1 The entitlement to AFFILIATE commissions if any of the terms of this agreement is violated or neglected is forfeited.
13.2 The AFFILIATE is only allowed to use promotional websites, layouts and banners from the 3DADULT affiliate program (3DAdult) to advertise and promote 3DADULT only provided products and services. Under no circumstances should copyright notices be removed from 3DADULT provided materials. Only materials being accordingly marked with copyright notices may be used on servers or web space controlled by the AFFILIATE. Violation of the copyright provisions by the AFFILIATE which cause damages or or other injuries to third persons (designers, content providers, content vendors, models, etc.) are the AFFILIATES responsibility alone and at the expense of the AFFILIATE.Lasten.
13.3 The AFFILIATE may only use the 3DADULT affiliate program links provided by the online statistics application. The use of AFFILIATE custom created signup forms or the use of modified or other links is NOT allowed. If an AFFILIATE wants to link directly to a 3DADULT signup or payment form a separate approval from 3DADULT is required, and the AFFILATE must provide the customer with a clearly visible and marked link to be given the opportunity to download and use the free demo area of the respective 3DADULT website.
13.4 The AFFILIATE may not apply any re-branding to the sites or products of the affiliate program or services of 3DADULT, use any misleading or foreign brand names, other product names, and may not use deceptive practices in the SEO sensitive keywords descriptions and meta tags of their websites. In the case of violations by the AFFILIATE, all resulting damages or other copyright violations arising from said improper usage are at the expense of the AFFILIATE
13.5 An AFFILIATE is responsible to take care, that their login credentials and chosen password for the online statistics 3DAdult Affiliate program is confidential secure and safe (e.g. no known user name / password combinations, combinations that are easy to guess, etc.) and that access must not be shared. 3DADULT assumes no responsibility for misuse of data by an AFFILIATE of the online statistics.
13.6 The sending of unsolicited e-mail advertising (spam), the use of misleading links and e-mail tactics, and providing false e-mail addresses or names and/or dates are NOT permitted by the AFFILIATE. Any unlawful advertising or promotional activities are grounds for IMMEDIATE TERMINATION and FORFITURE of ALL COMMISSIONS.
13.7 The requirement to comply with the statutory provisions on youth protection rests solely with the registered AFFILIATE.
13.8 Should a breach of duty in this agreement by an AFFILIATE accrue to 3DADULT a loss, legal ramifications or any other expenses, 3DADULT has the right to collect for said damages from the AFFILIATE. In cases of breaches of duty by an AFFILIATE, 3DADULT has the right to terminate the account and freeze the credit or payments, until the matter is resolved.
14. Limitation of Liability
14.1 3DADULT is NOT liable for its AFFILIATES actions, or any other liability for indirect or consequential damages, and the AFFILAITE releases 3DADULT from any claims relating to its actions. Claims for damages against 3DADULT are limited to intentional or grossly negligent conduct or breach of a contractual obligation. In the event of a breach of a contractual obligation, the liability is limited to a maximum of 100.00 EUR.
15. Privacy Policy
15.1 In dealing with the personal information of an AFFILIATE 3DADULT will observe the general laws on data protection, and use other best practice measures to meet all of the privacy and data protection requirements necessary for technical and organizational measures.
15.2 3DADULT is entitled to process and verify personal data of the AFFILIATE, and to use the information to the extent necessary, to justify and create a valid contractual relationship between 3DADULT and the AFFILIATE.
15.3 3DADULT is also entitled to process personal data and to use the AFFILIATE information, as far as this has not been objected to and the AFFILIATE has properly opted out, for the purpose of advising the AFFILIATES about offers, new promotions, program changes and other news requirements, through advertising, market research and e-mail as required to maintain the AFFILIATE program.
16. Notice of Changes
16.1 The AFFILIATE agrees that the terms and conditions as a whole or in part can be changed at any time by 3DADULT, and requires no prior notice. These changes may include the commission percentage, the payout processes, the billing company used or the program rules. The changed or amended terms and conditions apply from the date of receipt of notification of change in the agreement. If any such change is unacceptable to you, you must terminate this Agreement. If you continue to participate in the Affiliate Program, you agree to the changes on an ongoing basis by logging into and using the online statistics program.
16.2 The AFFILIATE and 3DADULT agree that the official notification of change shall be considered when 3DADULT has deposited to the AFFILIATE by e-mail details of the changes to the registered email address of record in the 3DADULT Affiliate Program, or if 3DADULT provides general posts in the news section area of the online statistics 3DADULT Affiliate Program.
17. Jurisdiction / Choice of Law
17.1 The venue for all disputes arising from the contractual relationship is Innsbruck Austria. The contractual relationship is governed by the laws of the Republic of Austria.
18. Partial Invalidity
18.1 If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth in this agreement, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
19. Severability Clause
19.1 If any portion of this agreement is found to be invalid or unenforceable, the remaining parts will remain in full force and effect.
20. Complete Agreement
20.1 This agreement constitutes the entire agreement between the AFFILIATE and 3DADULT with respect to the 3DADULT Affiliate Program and related services and supersedes all prior or contemporaneous communications, whether electronic, oral or written with respect to its subject matter and the AFFILIATE represents to have not relied on any such communications in accepting this Agreement. If not expressly accepted in writing by 3DADULT, any modifications to this document are non-binding.
21. No Waiver
21.1 3DADULT's failure to enforce any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by 3DADULT of any provision, condition or requirement of the agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
22. Indemnification
22.1 AFFILIATE shall indemnify and hold 3DADULT, its subsidiaries, other affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors and any successor-in-interest (the Indemnified Parties ) harmless from any breach of this Agreement by the AFFILIATE, including any use of Program materials other than as expressly authorized in this Agreement. AFFILIATE agrees that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and AFFILIATE agrees to indemnify for any resulting loss, damage, judgment, award, cost, expense, and attorneys' fees of the Indemnified Parties. Affiliate shall also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of AFFILIATE breaches of this contract.
23. USC Section 2257 Compliance Notice
23.1 Any sexually explicit voice recording audio content included with the software are recordings of actors / actresses over the age of eighteen years at the time of said recordings. All sexually explicit images displayed by the software and the website are completely computer generated, the creation process Of which never involved male or female live models of any kind. Some visual depictions displayed and audio in the product are exempt from the provision of 18 USC section 2257 and 28 CFR 75 because said visual depictions DO NOT consist of depictions of conduct as specifically listed in 18 USC section 2256 (2) (A) through (D), but are merely depictions of conduct non-sexually explicit nudity, or are depictions of simulated sexual. The owners and operators of the product are the primary producer of most of the visual content contained in the. Product Name email inquiries pertaining to content of the product can be made here .