Terms & Conditions

Terms & Conditions

:::: FREAK INC., a Nevada corporation ("FREAKBUCKS") and you, the webmaster which submits the on-line form called the "Sign Up Form" (referred to herein as "WEBMASTER" or "you" or "your") enter into this binding Marketing Agreement ("the Agreement"). This Agreement relates to Freak Inc's program (the "Freak Bucks program") which is further described below.

:::: A. NATURE OF THE RELATIONSHIP

Description.

The Freak Bucks Program offers an opportunity for operators of Internet web sites ("Webmaster Site" or "Webmaster Sites") which feature legal sexually explicit content to market, by directing Internet end user traffic to, certain Freak Bucks or third party websites referred to herein as "Sponsor Sites". In exchange for such marketing, Freak Bucks will pay WEBMASTER a "Commission" of $ 15.00 - $30.00 for each "Trials" (as that term is defined below). WEBMASTER acknowledges and understands that Sponsor Sites may not be associated with WEBMASTER, and contain sexually explicit adult entertainment services which are potentially competitive with such services offered by WEBMASTER.

2. Current Sponsor Sites.

Currently, the Sponsor Sites include the following websites, which sites you should review and make certain you wish to market: http://freakymidgets.com, http://freakygranny.com, http://pregnantfreaks.com, http://freakymilfs.com, http://atmfreaks.com, http://freakymilfs.com, http://pregnantfreaks.com, http://dpfreaks.com, http://atmfreaks.com, http://rectalfreaks.com, http://povfreaks.com, http://bigfatfreaks.com, http://chubbyfreaks.com, http://smokingfreaks.com, http://bubblegumfreaks.com, http://gagfreaks.com, http://fjfreaks.com, http://bjfreaks.com, http://vipfreakpass.com, freakypanty.com.

Sponsor Sites Contain Sexually Graphic Content.

Webmaster understands and acknowledges that each Sponsor Site contains legal sexually explicit content (i.e., graphic "xxx-rated" sexual depictions). You expressly acknowledge that you wish to market the Sponsor Sites notwithstanding the sexual and controversial nature of them.

4. No Agency.

By entering into this Agreement, WEBMASTER does not become an agent of Freak Bucks. WEBMASTER shall have no right or authority to bind Freak Bucks or otherwise act on its behalf. WEBMASTER may market the Sponsor Sites under the terms set forth herein, and WEBMASTER shall take no further action with respect to Freak Bucks or the Sponsor Sites.

:::: B. HOW FREAK BUCKS OPERATES

Freak Bucks Device.

Freak Bucks will make available to WEBMASTER Freak Bucks Devices. An "Freak Bucks Device" is a banner or other hypertext transfer or linking device designed by Freak Bucks which causes the web browser of an Internet end user to be directed to a Sponsor Site upon action of such user. Freak Bucks shall have the sole discretion with respect to the design, appearance, and syntax of all Freak Bucks Devices. The Freak Bucks Devices may take the form of a banner linking device (which directs the end user to a Sponsor Site upon the end user's mouse click), an exit console (which directs the end user to a Sponsor Site upon the user's exit from the Webmaster Site), or otherwise. The Freak Bucks Devices are comprised of code, including HTML code, which you must properly install to receive Commissions. Freak Bucks will provide installation instructions.

2. Non-Exclusive Limited License.

Freak Bucks hereby grants to WEBMASTER a fully paid up non-exclusive right and license limited to install and activate on the Webmaster Site, and allow Internet end user use of, the Freak Bucks Device, which end user use shall be limited to redirection of such end user traffic to Sponsor Sites. WEBMASTER may market the Sponsor Sites through the Freak Bucks Devices by way of the Webmaster Site (and only the Webmaster Site). WEBMASTER shall not in any way customize, edit, alter, delete, modify, amend, create derivative works based on, or in any other way change or copy the Freak Bucks Device, or the code which comprises it, as provided by Freak Bucks. WEBMASTER may display the Freak Bucks Device on any page of the Webmaster Site and in as many pages or places on the Webmaster Site as WEBMASTER desires, subject to Freak Bucks's right to approve of the same. Freak Bucks retains all rights in copyright, trademark, and otherwise related to the Freak Bucks Device and the Freak Bucks Program. WEBMASTER may not sub-license, assign, or sell said license or any rights thereunder to any third party including, but not limited to, other webmasters or marketing entities. This license is contingent upon complete performance with and of the terms and conditions set forth herein. The license provided in this paragraph shall terminate at the earlier of (a) termination of this Agreement for any reason (including a breach by Freak Bucks) or (b) upon notice by Freak Bucks for any reason or no reason.

3. Covenant to Use License.

WEBMASTER agrees to cause activation of the Freak Bucks Device on the Webmaster Site for twenty four (24) hours each day and seven (7) days each week.

4. Sign-up.

When you sign up for the Freak Bucks Program, you will be asked to enter a username and password. Please remember it, as you will need it in order to make changes to your account. In case you forget your username and password, you can access it by going to www.FreakBucks.com and clicking on technical support.

5. Tax Reporting. You shall provide a valid federal tax identification number (i.e., FEIN) or social security number on the registration form. Freak Bucks may, but is under no obligation to, issue an IRS Form 1099 for all U.S. domestic entities or an IRS Form 1042-s for all foreign entities who receive $600.00 or more in Commission for any calendar year. Any falsification of federal tax identification number or social security number is cause for denial of Commissions and immediate account termination. It is the responsibility of WEBMASTER to keep all account information with Freak Bucks up-to-date and accurate. WEBMASTER is solely responsible for providing accurate address/delivery information to ensure proper delivery of Commissions. Since Commissions are computer-generated, inaccurate/improper address information will delay payment.

:::: C. WEBMASTER COMMISSIONS

1. Trial. A "Trial" occurs when (i) the Internet browser of an Internet end user viewing your Webmaster Site (the "Customer") is routed to a Sponsor Site by way of a valid Freak Bucks Device on your Webmaster Site; (ii) the Customer initiates a 3 days trial, by agreeing to subscribed for 3 day of service by the Sponsor Site, during the visit to the Sponsor Site caused by the Freak Bucks Device on your Webmaster Site; (iii) the operator of the Sponsor Site actually receives a fee (the "Fee") for 3 day service to the Customer. No Trial occurs when an Internet end user pays a fee to a site without entering such site by way of an Freak Bucks Device.

2. Commission. You will earn a Commission of fifteen to thirty United State dollars ($15.00-$30.00) for each valid trial. FreakBucks does not pay on check joins due to the large amount of check fraud. Freak Bucks reserves the right not to pay if deemed the account is fraudulent. The Commission amount is subject to change at the discretion of Freak Bucks. However the following countries are banned from joining our programs; Albania, Argentina, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech Republic, Ecuador,Estonia, Germany, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Philippines, Poland, Romania, Russia(past and present), Singapore, Slovakia, Slovenia, Syria, Spain, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, and Yugoslavia. If you are from these countries or representing someone from these banned countries, your account with Freak Bucks will be terminated immediately without payment. FreakBucks can not pay any military personel commissions for adult related sites/products. If your country is listed here and you would like to promote us, please contact us at webmaster at freakbucks . com as exceptions are made on a case by case basis upon approval by Freak Bucks.

3. Commission Payments. FreakBucks will make payments on the 12th and 26th of each month for the pay period prior. There are two pay periods every month. All payments will be made by check in United States dollars. Payments will be sent out when a minimum of $ 50.00 (Fifty Dollars) for all United States payments and a minimum of $100.00 (One Hundred Dollars) for all other countries has been accumulated.

4. Commission Statistics. You may review the Trials credited to your account by entering your Freak Bucks username and password at the following website: http://www.freakbucks.com. Such statistics are UNOFFICIAL until Freak Bucks issues you your Commission check. You are always encouraged to contact Freak Bucks at wm@freakbucks.com if statistics appear to be in error or if you want our professional assistance in becoming even more effective as an Freak Bucks marketer.

:::: D. WEBMASTER RESTRICTIONS

1. Restricted Sites. WEBMASTER shall not place any Freak Bucks Device on any type of "password giveaway" "mp3" or "warez" sites. If any Freak Bucks Device is found on such a Sites, WEBMASTER's account will be subject to immediate termination and denial of Commissions.

2. Misuse/Cheating. WEBMASTER shall be deemed to be in material breach of this Agreement, and shall forfeit all Commissions due to it, in the event WEBMASTER creates, assists in the creation of, or knows of, a false generation of Joins. By way of example, and not limitation, WEBMASTER shall not cause or assist in the creation of Joins which the initiator thereof intends to chargeback or for which the initiator intends to request credit.

3. Spamming/Unfair Advertising. WEBMASTER shall not advertise, market, or promote the Webmaster Site or the Sponsor Sites by sending unsolicited electronic mail messages, including the sending of spam, "junk mail" or other electronic advertising material to individuals who did not specifically request such material, nor shall WEBMASTER engage in any advertising, marketing, or promotion of the Webmaster Site or the Sponsor Sites in any manner which would be unfair to competitors, unethical, or constitute a violation of netiquite (i.e., what is acceptable to the average reasonable Internet user). In such event, WEBMASTER shall be deemed to be in material breach of this Agreement, and shall forfeit all Commissions due to it.

4. Notification of Contact Network. You are advised that a network of contacts with AOL and other major ISP's is in place, and if you spam, you will be caught, and your account will be terminated, and your account information will be turned over to such ISP. If your account is caught spamming AOL, your account will be terminated, and your personal information will be forwarded to AOL's legal department. If your account is caught spamming ICQ, IRC, AOL AIM, MSN IM, USENET, MESSAGE BOARDS, your account will be terminated, and your personal information will be forwarded to the appropriate organization.

5. Quality Control/Legal and Non-Infringing Content. Freak Bucks shall at all times have the right to terminate this Agreement if, in Freak Bucks's sole discretion, the Webmaster Site does not meet the quality which Freak Bucks deems appropriate for association with the Freak Bucks Program or the Sponsor Sites. Moreover, Freak Bucks shall have right to terminate this Agreement if any website controlled, owned, or operated by WEBMASTER contains material which is illegal or violates the rights of any third party, including, without limitation, obscene content or material which constitutes or includes copyright infringement (e.g., display of images on the Webmaster Site to which WEBMASTER does not have a license or does not own), trademark infringement, patent infringement, defamatory statements, invasion of privacy, or misappropriation of publicity rights.

6. No Modification Allowed. WEBMASTER may not alter, customize, modify, add to, delete from, or create derivative works based upon the Freak Bucks Program or the Freak Bucks Device as a whole, or any designs or artwork which comprise the Freak Bucks Program or the Freak Bucks Device, or any copyrightable or copyrighted work or trademark provided to WEBMASTER by Freak Bucks in any way.

7. License Granted to Freak Bucks for Access to the Site. For the term hereof, WEBMASTER shall provide to Freak Bucks a fully paid up license to access and use (without any charge) all portions of the Webmaster Site. Moreover, WEBMASTER will provide Freak Bucks with a unique and valid username and valid password for the Webmaster Site which will permit Freak Bucks access to the Webmaster Site such that Freak Bucks can inspect the Webmaster Site to verify that WEBMASTER abides by the terms and conditions set forth herein. Freak Bucks may terminate the Agreement, and WEBMASTER shall forfeit all Commissions due to it, if at anytime such username or password becomes invalid.

8. Limited by These Terms and Conditions as Modified. Freak Bucks reserves the sole right to modify or re-state this Agreement at any time and any such modifications or restatements shall be deemed effective thirty (30) days after such revisions or restatements are posted at the Freak Bucks website. WEBMASTER shall have a continuing duty to check these Terms and Conditions once a month in order to ensure that you are in compliance with this Agreement. If you do not agree with any change or modification to this Agreement, your only remedy shall be to terminate the Agreement. By continuing to market the Sponsor Sites, you consent to and agree to be bound by any such modifications to this Agreement.

:::: E. WARRANTIES; INDEMNITY; LIMITATION OF LIABILITY 1. WEBMASTER represents, warrants, and guarantees that:

(i) Access to the Webmaster Site is restricted to adults eighteen (18) years of age or older (or not less than the valid age of adulthood if such age is greater than eighteen (18) in such Customer's jurisdiction of residence or place the Customer uses the Webmaster Site), and access to minors of the Webmaster Site is strictly prohibited;

(ii) WEBMASTER understands that the Sponsor Sites are intended for adults only, that the Sponsor Sites contain sexually explicit material (but not obscene material), access to the Sponsor Sites is restricted to adults eighteen (18) years of age or older, and access to minors of the same is strictly prohibited;

(iii) WEBMASTER owns or operates the Webmaster Site and maintains WEBMASTER's business in connection therewith in accordance with the laws of the jurisdictions in which WEBMASTER conducts such business;

(iv) The Webmaster Site is a lawful, and otherwise valid Internet web site;

(v) WEBMASTER is an adult at least eighteen (18) years of age, or is a business entity (e.g., corporation, limited liability company, etc.) run or operated solely by adults at least eighteen (18) years of age, who has/have the requisite power and authority to enter into this Agreement and perform the obligations set forth herein;

(vi) Performance under this Agreement does not and will not constitute a breach of any existing contract or obligation undertaken by WEBMASTER and there are not outstanding orders, judgments, decrees, rules or regulations which would preclude WEBMASTER from entering into this Agreement or advertising adult-oriented content on the Webmaster Site;

(vii) WEBMASTER maintains, and upon reasonable request by Freak Bucks shall provide to Freak Bucks, a copy of the records required to be kept by a Producer pursuant to 18 U.S.C. § 2257, for each performer featured or depicted via the Webmaster Sites engaged in actual sexually explicit conduct, and specifically: (a) identification of the images in which the performer appears; (b) the full legal name of the performer; (c) any and all names ever used by such performer, including maiden name, alias, nickname, stage name, or professional name; (d) a certification of date of birth; and (e) a copy of the performer's valid passport, driver's license, work identification card, school identification card, selective service card, or identification card issued by a state.

(viii) WEBMASTER is solely responsible to take all reasonable steps necessary to comply with all applicable state, federal and local laws, if any, regarding access to sexually explicit materials by minors or residents of areas where such materials are likely to be deemed in violation of community standards or to form the basis of an obscenity prosecution.

2. INDEMNITY. WEBMASTER will indemnify and hold harmless Freak Bucks, its officers, directors, shareholders, employees, agents, affiliates, attorneys, successors, assigns, and those persons' spouses (if such persons are individuals) (collectively, "Freak Bucks Parties") from and against any claims, including, without limitation, any loss, damage, liability (including reasonable attorneys' fees and costs) resulting from WEBMASTER's use of the Freak Bucks Program or any other Freak Bucks product, service, or material not expressly authorized by this Agreement, arising from or relating to a breach of WEBMASTER's representations, warranties, covenants, or promises herein made. WEBMASTER further agrees to indemnify and hold harmless Freak Bucks Parties from and against any claims arising from or in connection with any materials or works accessible or made available via the Webmaster Site or any other site that WEBMASTER owns or operates including obscene content or material accessible via the Webmaster Site which constitutes or includes copyright infringement (e.g., display of images on the Webmaster Site to which WEBMASTER does not have a license or does not own), trademark infringement, patent infringement, defamatory statements, invasion of privacy, misappropriation of publicity rights, or which may indirectly or directly result in a civil lawsuit or criminal action filed against Freak Bucks Parties or any one of them.

3. LIMITATION OF DAMAGES. Freak Bucks MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE PERFORMANCE OR FUNCTIONALITY OF THE Freak Bucks PROGRAM, THE CONTENT OF THE SPONSOR SITES, OR THE PERFORMANCE OF THE Freak Bucks DEVICES; AND Freak Bucks EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, RELATING TO THE SAME. UNDER NO CIRCUMSTANCES SHALL Freak Bucks BE LIABLE TO WEBMASTER OR ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, CUSTOMERS, SUBSCRIBERS, OR INTERNET END USERS, FOR ANY LOSS, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, OR DELAYS RELATING TO THE Freak Bucks PROGRAM. Freak Bucks SHALL IN NO EVENT BE LIABLE TO WEBMASTER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, CUSTOMERS, FOR INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS, OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF Freak Bucks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE. IN AN ACTION FOR BREACH OF THIS AGREEMENT, WEBMASTER'S SOLE REMEDY SHALL BE TO COLLECT, AND WEBMASTER SHALL NOT BE ENTITLED TO RECOVER ANY AMOUNT OR DAMAGES IN EXCESS OF, THE COMMISSIONS UNPAID TO WEBMASTER, WHICH COMMISSION AMOUNTS SHALL CONSTITUTE THE ONLY DIRECT DAMAGES WHICH COULD POSSIBLY ARISE OUT OF THIS AGREEMENT. IN A NON-CONTRACT ACTION (TORT OR OTHERWISE), WEBMASTER EXPRESSLY AGREES THAT Freak Bucks 'S LIABILITY SHALL NOT EXCEED, AND WEBMASTER SHALL NOT BE ENTITLED TO COLLECT AN AMOUNT GREATER THAN, $500.00.

:::: F. GENERAL LEGAL TERMS

1. Term. The term of this Agreement is one (1) year. This Agreement shall renew automatically after said term or any renewal term for additional one (1) year terms until and unless either party notifies the other in writing of termination thirty (30) days prior to the end of the then given term. However, in addition to any other reason for termination set forth elsewhere herein, Freak Bucks may terminate the license grated herein at any time, with or without cause; and Freak Bucks may terminate this Agreement if WEBMASTER fails to cause a single Join in any given calendar month. In such a case, Freak Bucks will deliver by e-mail, notice of termination. WEBMASTER shall not be entitled to receive any Commission corresponding to Joins transmitted to Freak Bucks after the date of termination. Finally, at any time, Freak Bucks may cancel the Freak Bucks Program in its entirety, in which case this Agreement shall terminate. Freak Bucks's cancellation of the Freak Bucks Program shall not constitute a breach of this Agreement.

2. Miscellaneous. Except for public domain works, all content, materials, and works provided by Freak Bucks to WEBMASTER are protected by federal copyright laws and, except as otherwise provided herein, may not be copied, redistributed, transmitted, displayed, downloaded, or in any other way exploited or used, in whole or in part, without the prior express written consent of Freak Bucks or its licensor. Nothing contained in this Agreement shall be construed to constitute the parties (i.e., WEBMASTER and Freak Bucks) as partners, joint venturers, agents for one another, or to constitute employment. WEBMASTER shall not assign or delegate its obligations under this Agreement, either in whole or in part; any attempted assignment in violation of the provisions of this provision will be null and void. This Agreement is not intended to and shall not be construed to provide any rights, remedies or benefits to or for any person or entity not a party to this Agreement. If any provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect any other provision of this Agreement that can be given effect without the invalid or unenforceable provision, or the application of such provision to other persons or circumstances, and, to this end, the provisions hereof are severable. The headings, captions, and other typographical formatting used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. Where the context permit, the use of the plural in this Agreement shall apply to the singular, and the use of the singular shall apply to the plural (by way of example and not limitation, "Webmaster Sites" also refers to a single "Webmaster Site" and vice versa, "Freak Bucks Device" also refers to multiple "Freak Bucks Devices" and vice versa, and "Sponsor Sites" also refers to a single "Sponsor Site" and vice versa). This Agreement constitutes the entire agreement between the parties. No prior or contemporaneous written or oral representation form a part of this Agreement, and this Agreement supersedes all prior oral or written agreements between the parties relating to the subject matter hereof. No amendment, modification or supplement to this Agreement shall be effective unless it is posted by an authorized representative of Freak Bucks at the Freak Bucks website, or otherwise provided in a writing signed by an officer of Freak Bucks. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Nevada. Any and all suits to enforce, construe, or relating in any way to this Agreement shall be filed and prosecuted in the United States District Court for the Nevada, Las Vegas or the Superior Court of the State of Neveda in the City of Las Vegas, County, which courts shall constitute the exclusive respective federal or state venue for such action. The parties each expressly waive any and all defenses to an action brought in such forum based on lack of personal jurisdiction or inconvenient venue, and each party expressly consents to a dismissal of such action brought in another jurisdiction or venue.

3. Method of Acceptance. WEBMASTER assents to, fully understands, and agrees to be bound by, this Agreement and the terms and conditions stated herein by clicking "Sign Me Up" on the Freak Bucks Sign Up Form. The date of execution of this Agreement shall be the date on which the Sign Up Form is received by Freak Bucks.

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT Freak Bucks BY SENDING AN E-MAIL TO webmaster @ freakbucks .com