1. GRANT OF LICENSE AND PROMOTIONAL RIGHTS

LUSTMONEY.COM agrees to provide Affiliate with the links, computer script and other promotional materials that are associated with the Program from time to time, and hereby grants a non-exclusive, restricted license to use such links, script and promotional materials for the purposes set forth in this Agreement. Affiliate’s license to use this material shall automatically terminate, and all such rights shall automatically revert to LUSTMONEY.COM upon cancellation of the affiliate’s membership or withdrawal from the Program by the Affiliate. Upon acceptance into the Program, LUSTMONEY.COM will begin providing users with the information necessary to participate in the Program and begin promoting the LUSTMONEY.COM Website.

2. ENROLLMENT PROCEDURE

To begin the enrollment procedure, you will submit a completed LUSTMONEY.COM Application form through our Affiliate Website. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We reserve the discretion to accept or reject applications for any reason including, but not limited to 1) unlawful content appearing on your site; 2) defamatory, obscene, harassing or otherwise objectionable content appearing you your site; 3) if your site promotes or facilitates illegal activity, or violates the rights of others such as copyright, trademark or other intellectual property infringement; 4) if you encourage password theft or hacking; 5) Your site does not receive a sufficient number of unique hits, 6) your site does not present an environment that LUSTMONEY.COM does not consider compatible with their content or 7) if LUSTMONEY.COM deems your application or site to be unsuitable for any reason.

3. AFFILIATE'S NOTIFICATION DUTY

Affiliate agrees to notify LUSTMONEY.COM of the url’s where the LUSTMONEY.COM Website(s) will be promoted

4. TERM

This Agreement, and the provisions hereof, shall be in full force and effect commencing on the date accepted by LUSTMONEY.COM and continuing until terminated by either of the parties in accordance with the Termination provisions set forth infra.

5. COMPENSATION

Per Signup: Affiliate will receive compensation equal to the amount per sale as detailed on LUSTMONEY.COM.

Reoccurring: Affiliate will receive compensation equal to a percentage of each month’s charges to a customer referred to a LUSTMONEY.COM website. Affiliate shall earn such percentage for as long as the viewer remains a paying member of the site. The reoccurring percentage payout may be found on LUSTMONEY.COM.

Lead Program: Affiliate will receive compensation equal to an amount per sign-up as detailed on LUSTMONEY.COM. Affiliate must adhere to the following rules, failure to do so may result in account termination and withholding of compensation

a. Shall only be promoted with creatives provided by LUSTMONEY.COM.
b. Email promotion is not allowed without prior approval from LUSTMONEY.COM.
c. LUSTMONEY.COM only pays for registrations from the following countries: USA, United Kingdom, Canada, Australia.
d. Profiles generated using deceptive methods will not be counted.

The terms of compensation may be modified from time to time. Any modifications will be posted on the LUSTMONEY.COM Website.

6. IMPLEMENTATION

LUSTMONEY.COM and Affiliate acknowledge that “time is of the essence” in the commencement of this Agreement. LUSTMONEY.COM will devote all commercially reasonable efforts to provide Affiliate with all necessary links, script and promotional materials as soon as reasonably possible.

7. BILLING AND DISBURSEMENT

LUSTMONEY.COM reserves the right to determine the manner in which payments will be processed. Disbursements will be made within three business days of the 1st and 16th day of each month.

8. REPRESENTATIONS AND WARANTIES

Affiliate warrants that Affiliate is the sole owner of any and all necessary rights, title and interest to the content contained on the Affiliate’s Website, and that such Website is free of claims to the content by third parties. Affiliate further warrants that Affiliate is at least eighteen (18) years of age, and can submit proof of age upon request by LUSTMONEY.COM. Affiliate further represents that each Affiliate Website is in full compliance with Section 2257 of Title 18, United States Code, the “Records Keeping and Labeling Act.” LUSTMONEY.COM makes no representations or warranties other than those specifically contained herein, and specifically disclaims any implied warranties, including merchantability or fitness for a particular purpose.

9. GENERAL POLICIES FOR AFFILIATES

Affiliate agrees to be bound by the following general policies in connection with all content with which LUSTMONEY.COM promotional materials are associated:

a. Illegal content is strictly forbidden. Illegal content includes, but is not limited to, child pornography, teen modeling, actual or simulated rape, obscenity and/or bestiality. LUSTMONEY.COM reserves the right to review and/or reject any content posted by Affiliate.
b. LUSTMONEY.COM may not be promoted on any site that encourages password trading or hacking.
c. Affiliate may not attempt to cheat, defraud or mislead LUSTMONEY.COM in any way.
d. Any fraudulent, deceptive or unfair transactions or trade practices are strictly forbidden.
e. Affiliate shall not engage in any activities that may be harmful to the reputation, image, goodwill or reputation of LUSTMONEY.COM, including, but not limited to SPAMming, or inappropriate Newsgroups/Usenet postings.
f. Violation of the restricted non-exclusive license provided in this agreement is prohibited.
Affiliate may not use LUSTMONEY.COM’s material or images to promote other sites and may not use material or images for which LUSTMONEY.COM does not own the copyrights or legal license to as a means to promote LUSTMONEY.COM.
g. The free areas of the submitted site must not contain sexual activity or hardcore material meant to promote LUSTMONEY.COM. All such content must be restricted to the password-protected areas. You can not use ANY hardcore images to promote LUSTMONEY.COM outside of age verified areas. LUSTMONEY.COM defines hardcore as any type of actual insertion into the mouth, anus or vagina (by device, another person, or other parts of the model's own anatomy). Mouth to mouth kissing, licking, and touching of any part of their anatomy other than the places specified above is acceptable.
h. LUSTMONEY.COM enforces a strict, zero tolerance policy with respect to child pornography. No site may use models under the age of eighteen (18) or suggest that its models are under the age of eighteen (18), either through text or other implication on any webpage that promotes LUSTMONEY.COM. This includes the use of terms such as but not limited to Teen, Adolescent, Child, Child porn, Child sex, Children, Kiddie, Kiddie porn, Kiddie sex, Lolitas, Minor, Minors, Pedoland, Pedophile, Pedophilia, Pre-teen, Pre-teen porn, Pre-teen sex, Teen 13-17, or Underaged. Any Affiliate suspected of violating this zero tolerance provision shall be terminated from the Program.
i. Affiliate’s Webpages that display LUSTMONEY.COM images or material must display the following text (verbatim!) as required by LUSTMONEY.COM's 18 U.S.C.§2257 policy: "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement". This message must be linked to LUSTMONEY.COM's 2257 statement at: http://meonyou.com/info.php?2257
j. Affiliates may not “hotlink” to any of LUSTMONEY.COM’s images, banners, and /or graphics.
k. Affiliates must provide within 24 hours, upon request by LUSTMONEY.COM, access to any password protected area where LUSTMONEY.COM’s Websites are being or have been promoted.
l. Affiliates may not solicit or permit any minor to become a customer of the Websites.
m. Affiliates agree to indemnify and hold LUSTMONEY.COM harmless from any and all liabilities, claims, damages (including attorney’s fees), threatened or incurred as a result of Affiliate’s activities.
n. LUSTMONEY.COM shall retain the discretion to interpret, modify, terminate and/or enforce any of the general policies for Affiliates

Suspected violation of any of the General Policies may result in termination from the Program, and forfeiture of any future commissions or payments; whether earned or unearned.

10. PROMOTIONAL RESTRICTIONS & SPAM

Affiliate may use any reasonable promotional tool desired, with the following exceptions. Any of the following will result in ALL of your accounts being terminated without pay:

A. NO SPAM. Any form of SPAM is strictly prohibited, and use of SPAM email, Usenet/Newsgroup postings, instant messages, or other forms of spam constitutes a material breach of this agreement. Such breach may result in immediate termination from the Program and forfeiture of any further commissions or payments.

B. NO INTELLECTUAL PROPERTY VIOLATIONS. Affiliates are prohibited from engaging in any promotion which would violate the intellectual property rights of any person, group or corporation.

C. NO DECEPTIVE ADVERTISING. All forms of deceptive or unfair advertising are prohibited. Any Affiliate who is uncertain as to the requirements of federal advertising law should obtain legal advice before engaging in promotion.

D. We absolutely DO NOT allow hardcore material to be used to promote our sites outside of a restricted, age verified area. Anyone found using hardcore to promote us outside of a restricted, age verified area will have their account terminated immediately and will forfeit all monies accrued.

E. Promote, contain, or be indirectly associated with content or references to Warez, Passwords, Bestiality, Rape, Child Pornography or any acts of violence. This includes meta tags, text, links, link trades, graphic(s), sounds or any HTML.
F. Unauthorized use of any content licensed or owned by LUSTMONEY.COM without prior consent, or that is not part of the approved promotional material found within our webmaster area.

G. NO SKIMMING of traffic from LUSTMONEY.COM's copyrighted content. This includes thumbnails and banners made from, or that include, material owned or licensed to LUSTMONEY.COM. Thumbnail Gallery Posts (TGPs) must either include LUSTMONEY.COM's content in an exception list or set the skim percentage to ZERO. Failure to comply with this rule will result in immediate suspension (with notification) of the Affiliate's account. Repeated violations will result in termination of the Affiliate's account and forfeiture of all monies accrued.

11. METATAGS

Affiliate agrees not to utilize any false, misleading or infringing metatags tied to the Affiliate’s site. In addition, Affiliate agrees not to utilize any metatags that would imply or suggest that underage or illegal content may be found on the submitted site.

12. ELECTRONIC SIGNATURES

This Agreement is intended to be governed by the Electronic Signatures Act. By submitting the “LUSTMONEY.COM Application Form”, Affiliate thereby affixes his or her electronic signature to this Agreement, and thereby manifests assent to all terms contained herein.

13. CONFIDENTIALITY / PRIVACY

A. “Confidential Information” shall mean any confidential technical data, trade secret, intellectual property, know-how or other confidential information disclosed by any party hereunder in writing, orally, or by drawing or other form and which shall be marked by the disclosing party as “Confidential” or “Proprietary.” If such information is disclosed orally, or through demonstration, in order to be deemed Confidential Information, it must be specifically designated as being of a confidential nature at the time of disclosure and reduced to writing and delivered to the receiving party within ten (10) days of such disclosure.

B. Notwithstanding the foregoing, Confidential Information shall not include information which: (i) is known to the receiving party at the same time of disclosure or becomes known to the receiving party without breach of this Agreement; (ii) is or become publicly known through no wrongful act of the receiving party or any subsidiary of the receiving party; (iii) is rightfully received from a third party without restriction on disclosure; (iv) is independently developed by the receiving party or any of its subsidiary; (v) is furnished to any third party by the disclosing party without restriction on its disclosure; (vi) is approved for release upon a prior written consent of the disclosing party; (vii) is disclosed pursuant to judicial order, requirement of a governmental agency or by operation of law.

C. The receiving party agrees that it will not disclose any Confidential Information to any third party and will not use Confidential Information of the disclosing party for any purpose other than for the performance of the rights and obligations hereunder during the term of this Agreement and for a period of five (5) years thereafter, without the prior written consent of the disclosing party. The receiving party further agrees that Confidential Information shall remain the sole property of the disclosing party and that it will take all reasonable precautions to prevent any unauthorized disclosure of Confidential Information by its employees. The disclosing party shall grant no license to the receiving party with respect to Confidential Information disclosed hereunder unless otherwise expressly provided herein.

D. Upon the request of the disclosing party, the receiving party will promptly return all Confidential Information furnished hereunder and all copies thereof.

E. The Parties agree that all publicity and public announcements concerning the formation and existence of this Agreement shall be jointly planned and coordinated by and among the Parties. Neither party shall disclose any of the specific terms of this Agreement to any third party without the prior written consent of the other party, which consent shall not be withheld unreasonably. Notwithstanding the foregoing, any party may disclose information concerning this Agreement as required by the rules, orders, regulations, subpoenas or directives of a court, government or governmental agency, after giving prior notice to the other party.

F. If a party breaches any of its obligations with respect to confidentiality and unauthorized use of Confidential Information hereunder, the non-breaching party shall be entitled to equitable relief to protect its interest therein, including but not limited to injunctive relief, as well as money damages notwithstanding anything to the contrary to the contrary contained herein.

G. Except as otherwise set forth in this Agreement, LUSTMONEY.COM shall be entitled to make any public statement, press release or other announcement relating to the Website without any without the prior written approval of Affiliate.

H. LUSTMONEY.COM honors the privacy of its Affiliate’s personal information. LUSTMONEY.COM does not share personal information about its Affiliates with others, except upon court order or subpoena.

14. INTELLECTUAL PROPERTY RIGHTS

A. The parties agree that: (i) each party’s marks are and shall remain the sole property of that party; (ii) nothing in this Agreement shall convey to either party any right of ownership in the party’s marks; (iii) neither party shall now or in the future contest the validity of the other party’s marks; and (iv) neither party shall in any manner take any action that would impair the value of, or goodwill associated with, such marks. The Parties acknowledge and agree that all use of the other party’s marks by a party shall inure to the benefit of the party whose marks are being used.

B. Each party hereby grants the other party, during the term of this Agreement, a non-exclusive, non-transferable license to use that party’s trade names, trademarks, service names and similar proprietary marks as is reasonably necessary to perform its obligations under this Agreement, provided, however, that any promotional materials containing a party’s proprietary marks will be subject to that party’s prior, written approval.

C. Each party agrees not to use the other party’s proprietary marks in a manner that disparages the other party or its products or services, or portrays the other party or its products or services in a false, competitively adverse or poor light. Each party will comply with the other party’s requests as to the use of the other party’s proprietary marks and will avoid any action that diminishes the value of such marks. Each party’s unauthorized use of the other’s proprietary marks is strictly prohibited

15. TERMINATION

The following termination rights are an addition to the termination rights that may be provided elsewhere in this Agreement:

A. Mutual Right to Termination Upon Notice: Either LUSTMONEY.COM or Affiliate may terminate this Agreement at any time upon written notice to the other party in the event of a breach of any provision of this Agreement by the other party. In the event that LUSTMONEY.COM terminates this agreement for breach, Affiliate shall not be entitled to receive any further commissions or payments, including commissions earned prior to the date of termination.

B. Affiliate’s Right to Terminate: Affiliate shall have the right to terminate this Agreement at any time, however Affiliate shall only receive its designated portion of revenue for customer rebills for a period of three (3) years from the date of termination of this Agreement. Customer rebills are only payable if the orders are not canceled or returned.

C. LUSTMONEY.COM’ Right to Terminate: LUSTMONEY.COM shall have the right to terminate this Agreement upon discontinuation of the Program by providing thirty (30) days notice to all participating Affiliates.

16. DISCLAIMERS AND LIMITATIONS

In no event shall either party be liable to the other for any indirect, special, incidental, punitive or consequential damages, including but not limited to, loss of profits, loss of data, loss of business or other loss arising out of or resulting from this Agreement, even if the other party has been advised of the possibility of such damages. The foregoing shall apply regardless of the negligence or other fault of either party and regardless of whether such liability sounds in contract, negligence, tort or any other theory of liability. Affiliate shall remain solely responsible for the operation of their own site, and LUSTMONEY.COM shall remain solely responsible for operation of the Program and its sites. LUSTMONEY.COM has no responsibility for the development, operation and maintenance of your site, or for any materials that appear on your site. Each party acknowledges that the other’s site may be subject to temporary shutdowns dues to causes beyond the operating party’s reasonable control.

17. RELATIONSHIP OF THE PARTIES

The relationship between LUSTMONEY.COM and Affiliate under this Agreement is that of independent contractors and neither shall be, nor represent themselves to be, a partner, franchiser, franchisee, broker, employee, servant, agent, or representative of the other for any purpose whatsoever. No party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, another party or to bind another in any manner or thing whatsoever.

18. FORCE MAJEURE

Neither party will be held liable for, or will be considered to be in breach of or default under this Agreement on account of any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.

19. NOTICE AND PAYMENT

A. Any notice or payment required to be given under this Agreement shall be in writing and delivered personally to the other designated party at the following address or mailed by certified, registered or express mail, return receipt requested, or by Federal Express:

New Edge Media Inc.
980 9th St
16th Floor
Sacramento, CA 95814

B. Either party may change the address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.

20. JURISDICTION/DISPUTES

This Agreement shall be governed in accordance with the State of California. All disputes under this Agreement shall be resolved by litigation in the courts of the State of California including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. Venue for any litigation arising out of this Agreement shall be in Sacramento County, California.

21. AGREEMENT BINDING ON SUCCESSORS

The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, and successors.

22. ASSIGNABILITY

Neither party may assign this Agreement or the rights and obligations hereunder to any third party without the prior express written approval of the other party which shall not be unreasonably withheld.

23. WAIVER

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement

24. SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

25. INTEGRATION

This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.

26. ATTORNEYS FEES

In the event any litigation arising out of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys fees, including attorneys fees on appeal.

27. DISCLAIMER

Other than those set forth herein, the parties make no other warranties or representations including warranties of merchantability or fitness for a particular purpose. Neither party represents the other, and both parties have had an opportunity to seek legal counsel of their choice.

28. BINDING AGREEMENT

The parties acknowledge the legally binding nature of this agreement. By clicking on the “SUBMIT MY APPLICATION” button on the following web page, you are affirmatively stating that you have read and understand the terms set forth herein and that you agree to be bound by the terms hereof.