PERFORMER AGREEMENT
Acknowledgement.
By Clicking the Link to continue to the application page, you specifically acknowledge, understand and agree to be bound by the Terms of this Performer Agreement as well as the Terms of Use for the Website associated herewith.
Parties.
This Performer Agreement and the Terms of Use for the Website associated herewith are legal documents evidencing a legal and enforceable agreement between you and TFONIAInc., Doing Business As TELEPASS. Following your completion of the application process and TELEPASS receipt and review of same, should TELEPASS accept your application, you will become a Performer, having access to the Services offered on the website, under the policies, terms and conditions set forth herein and in the Terms of Use agreement.
The policies, terms and conditions set forth herein are specifically designed to limit in all respects any liability and/or legal obligations TELEPASS may have to you. Further, said policies, terms and conditions permit TELEPASS to modify, alter, suspend or terminate your access to and use of the services offered on the website for any reason or no reason at all. As such, you are strongly encouraged to read with specificity all polices, terms and conditions set forth herein along with the Terms of Use Agreement for accessing the website. By continuing onto the application page, you are affirmatively acknowledging your understanding and ascent to all of that contained herein.
1. Eligibility to Utilize the Website / Service.
The Website is available only to persons who have attained the age of eighteen (18) years and are otherwise capable of entering into and forming a legally binding contract.
2. Assumption of Risk.
To the extent permitted by law, the Performer agrees to and does release and hold harmless from liability of any and all types recognized by law, TELEPASS, its related entities, shareholders, employees, agents, affiliates and assigns, from liability for any actions associated with his/her entry into the Website and any of his/her actions as a Performer therein. This release includes, but is not limited to claims for damages, both actual and consequential, cost and expenses (including litigation costs and attorney's fees) of every kind and nature, both known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of his/her actions as a Performer on the website.
3. Modifications and Termination.
TELEPASS may modify, alter, suspend or terminate this Performer Agreement and your associated use of the Website, for any reason or no reason at all, with no prior advanced notice to you.
4. Status as a Performer.
A Performer is neither an employee, agent nor contractor of TELEPASS, nor shall a Performer represent or hold him/herself out as any of the foregoing. The Performer is solely responsible for reporting and payment of all taxes associated with fees earned as a Performer with TELEPASS. The Performer is solely responsible for procurement of any and all equipment necessary for accessing the website and performing the services of a Performer as contemplated by the website.
5. Access to Website.
The Performer agrees to maintain the confidentiality of his/her password and account information and to be directly responsible for the conduct of all Performer activity conducted under her name and account information. Under no circumstance shall a Performer permit, knowingly or unknowingly, any person other than him/herself, access to the website and to act as a Performer thereon. Performer acknowledges, agrees and understands that in no manner, shape or form, shall TELEPASS be responsible to Performer for any unauthorized access to or use of the Website by persons not the Performer.
Pursuant to the individuals request to be a Performer on the website, the Performer agrees as follows:
a) Performer is solely responsible for the content of any and all communications had with a customer on the website.
b) Performer is solely responsible for the content of the profile created for his/her account.
c) Performer shall not in any circumstance, share personal contact information and/or alternative payment methods with customers of the website. Personal contact information shall include, but not be limited to, private phone numbers, personal e-mail addresses, personal home addresses, personal instant messaging accounts and the like. Alternative
Payment methods include, but are not limited to, PayPal, Payoneer, money transfers such as Western Union, MoneyGram and the like.
d) Any and all services associated with the website and sold to a customer shall be paid using the TELEPASS Credits System. Any attempt to bypass the TELEPASS Credits System shall result in immediate and irrevocable loss of your status as a Performer on the website as well as an immediate and irrevocable loss of your ability to access the website.
e) The Performer shall not utilize the Website for any purpose that is either illegal or not in conformity with this Performer Agreement or the Terms of Use associated with the Website. Performer shall, when requested by TELEPASS or an appropriate law enforcement or government official, cooperate fully with any investigation concerning same, including granting full and unfettered access to those portions of the Performers account that is password protected.
f) The Performer shall initially provide and continue to provide to TELEPASS, accurate and complete payment registration information and personal contact information. The Performer at no time shall utilize any identity as a Performer on the website that has not been authorized and previously approved by TELEPASS.
g) The Performer shall not, in any instance, utilize the website to promote any product or service that is not contained in the Performer profile which has been authorized and previously approved by TELEPASS.
6. Performer Profile.While utilizing the website, the Performer shall not engage in any conversation or communication (oral, typed word, photograph, video, video calls) concerning minors, bestiality, rape, incest, snuff, necrophilia, blood, asphyxiation, vomit, chloroform, weapons, drugs, intoxication, scatology, violence in general and the like, nor shall they engage in any activity deemed to be obscene or involving child pornography. The Performer shall not permit or encourage customers of the website to do same. Further, the performer shall adhere to all applicable laws and regulations concerning her profile and content on the website, including but not limited to the provisions of U.S.C. Section 2257 and all related regulations. Further, the Performer shall not rely upon TELEPASS in any manner, shape or form to comply with the requirements of U.S.C. Section 2257.
7. Ownership of Performer Services.
TELEPASS shall own in all respects, the right, title and interest in the Performer Services as contained on the website, including, but not limited to all, methods, processes, content, formats, designs, U.R.Ls, buttons, phone numbers and phone number extensions, together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks or licenses are conferred in any manner, shape or form from TELEPASS to Performer as a result of Performers appearance on the website, this Performers Agreement or the Terms of Use agreement.
8. Phone Numbers.
Performer acknowledges, agrees and understands that he/she shall have no right, title or interest to any of the phone numbers or phone number extensions assigned to her by TELEPASS for use on the website, and that for any reason or no reason at all, TELEPASS may in its sole and unfettered discretion, may change the phone number and/or phone number extension assigned to the Performer. Further, Performer acknowledges, agrees and understands that Performer has no right, title or interest to any listing name associated with a phone number and/or phone number extension, and that said phone he/she number and/or phone number extension along with listing names may be recycled by TELEPASS to other Performers on the website in the sole and unfettered discretion of TELEPASS.
9. Content License.
The Performer acknowledges, agrees and understands that he/she is conveying to TELEPASS an unconditional and unlimited license to use, re-use, publish and republish, text, pictures, video and multi-media content submitted to the website by the Performer. Further, the Performer acknowledges, agrees and understands that he/she is granting to TELEPASS, its distribution partners, affiliates, and third party website/media providers of TELEPASS, the right to use, re-use, copy, distribute, display or reference in any media form, the Performers listing information, including without limitation, the Performers listing name, tags, descriptions, photos, phone numbers and phone number extensions. The Performer further acknowledges, agrees and understands that once posted on the website, the Adult information as defined in the Terms of Use agreement may be copied, published, re-published or cached by search engines, other websites or properties not of or related to TELEPASS, and that TELEPASS can in no manner, shape or form be held responsible and/or liable for the manner in which the Adult Information is depicted and/or disseminated.
10. Warranties.
TELEPASS disclaims any warranties or representations of or relating to the website and the services provided by the Performer on the website. The website and any and all Performer services obtained on or through the website are provided "as-is" with no warranty of any kind attached thereto. TELEPASS and its subsidiaries expressly disclaim any and all warranties, express or implied, regarding the website, the Performer services relating to the website, and all communications of any kind made through the website, including any warranty for quality, availability, merchantability, fitness for a particular purpose or non-infringement. Moreover, TELEPASS makes nor representation or warranty that the operation of the website will be error free. Under no circumstances will TELEPASS or its suppliers be liable to the Performer for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the website or performer services, whether or not TELEPASS has been advised of the possibility of such damages. Without limiting the generality of the foregoing, TELEPASS and its suppliers' aggregate liability to you arising with respect to this agreement will not exceed the greater of (a) the total fees actually earned by TELEPASS from you (after payments to performers and other third parties) in the previous twelve (12) months, and (b) one hundred dollars ($100). TELEPASS will not be liable for the consequences of any interruptions or errors. The Performer further agree to hold harmless, defend and indemnify TELEPASS, and its employees, subsidiaries, agents, shareholders, directors and representatives, from and against any and all liability arising from or in any way related to the Performers use of the website or provision of performer services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature, known and unknown, foreseeable and unforeseeable, disclosed and undisclosed. In each case, TELEPASS will provide the Performer with written notice of such claim, suit or action. TELEPASS shall have the right to withhold payments to the Performer to offset liabilities and expenses covered hereunder.
11. Copyrights and Trademarks.
TELEPASS prohibits the use of copyrighted materials and trademarks. The Performer shall not utilize the website to transmit, route, provide connections to or store any material that infringes upon copyrighted works, trademarks or otherwise violates or promotes the violation of the Intellectual Property rights of any individual.
12. Assignment.
The Performer shall not assign any rights and/or obligations he/she may have under the terms of this Agreement, in whole or in part, whether voluntarily or by operation of law. Any such attempted assignment or delegation or rights will be null and void and of no legal or binding affect upon TELEPASS. TELEPASS, in its sole and unfettered discretion, may assign this Performers Agreement and the rights and obligations created hereunder, for any reason or no reason at all, without the Performers consent and without prior notice.
13. Relationship of the Parties.
Notwithstanding any provision hereof, the Performer acknowledges, understands and agrees that for the purposes of this Performers Agreement as well as the Terms of Use agreement, each party shall be independent of each other, and shall act in conformity therewith. There shall not be created by virtue of this Performers Agreement as well as the Terms of Use agreement, any employment, agent or contractor status by and between the parties. As such, neither TELEPASS nor the Performer shall at any time bind, or attempt to bind the other to any legal and/or contractual obligation.
14. Electronic Documents.
The Performer acknowledges, agrees and consents to the use of electronic means to complete this Performer Agreement, to utilize the website and to provide Performer with any notices necessary pursuant to the terms of this Performer Agreement and the Terms of Use agreement. Further, Performer acknowledges, agrees and consents to the use of electronically stored records to store information of and/or relating to this agreement, including, but not limited to any all records required to be maintained pursuant to U.S.C. Section 2257.
Performer can request a copy in paper format of this Performer Agreement, the Terms of Use agreement and any and all other records required to be maintained and stored by law, by sending a written request to TELEPASS, P.O. Box 34582 CSP Place Vertu, Saint-Laurent (QC) H4R 2P4 Canada. Performer acknowledges, agrees and understands that this Performers Agreement and the Terms of Use agreement are enforceable in electronic format.
15. Severability and Waiver.
Performer acknowledges, agrees and understands that should any provision of this Performers Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, such provision(s) shall deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall remain in full force and affect. TELEPASS failure to act with respect to a breach of the terms and conditions of this Agreement by the Performer, does not waive TELEPASS right and/or ability to act with respect to a second, subsequent or similar breach. The failure of
TELEPASS to exercise or enforce any right or provision of the terms and conditions of the
Performer Agreement and/or the Terms of Use agreement shall not constitute a waiver of such right or provision.16. Jurisdiction and Entire Agreement.
The Performer acknowledges, agrees and understands that this Performers Agreement and the Terms of Use agreement shall be governed and interpreted in accordance with the laws of the Province of Quebec, Canada. This Performers Agreement together with the Terms of Use agreement constitutes the entire agreement between TELEPASS and the Performer with respect to the subject matter hereof.
17. Payouts
Text Messaging Messages sent to customer (in paid mode) $0.25/message
Other Voice Calls $0.70/minute Tips & Video Calls 50% (*) Sent to customer
Payout Rates may change, at any time, but will be advertised 15 days in advance on Performer Login welcome screen.
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