1. Enrollment in the Network
To begin the enrollment process, you will submit a completed Affiliate Network Application via our web site. All submissions are initially accepted, but are subject to further review. We may reject your site, for any reason, if we determine that it is unsuitable for the Affiliate Network.  If we reject your application, you may reapply to the Affiliate Network at any time thereafter, if you have remedied the problem.

2. Utilizing Our Links on Your Site
As an affiliate site, you will receive, or they will be available to you, banner advertisements, button links and/or text links to our site. These "Link" or "Links" may contain Eroticy's or its entities' logos and/or identifying words. Use of these Link(s) is (are) subject to the terms and conditions hereof. As an Affiliate Site, you shall display Links throughout your site as you see fit. You may not alter, modify or expand the Link(s) in any way; provided, a Link may be modified and/or expanded with our written consent. Each Link connecting users of your site to our site may not alter the look, feel or functionality of our site. We may monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

3. Traffic Monitoring
We will record all traffic by customers who follow the Links from your site to our site. We reserve the right to reject traffic that does not comply with certain requirements that we have periodically, or may in the future establish. We will be solely responsible for all aspects of traffic recording. We will track the volume of traffic generated by your site and will make unaudited reports, summarizing this activity, available to you through our site. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted.

4. Commissions
As an Affiliate, you will be entitled to the commission as displayed on the Affiliate application page http://www.Eroticy.com/Affiliates/Affiliate.asp. In order for a commission to be paid, the customer who you referred to our site will be tracked by our internal tracking system. No commission will be paid if the visitor to our site cannot be tracked by our system.

5. Conversion of Commission Schedule
After reviewing Affiliate statistics, we will automatically convert Affiliates that do not meet required conversion ratios.  The required conversion ratios will be applied to each Affiliate Member for a given month.  An Affiliate can be converted to a percentage payout commission basis without notification.  The required conversion ratios will be defined by with our sole discretion and may be changed from time to time without notification.  If you do not agree with our decision to change the schedule, your affiliate membership will be terminated as provided in paragraph 16.

6. Chargebacks and Creditbacks
To protect us from fraud that may be caused by Affiliate Member's, We will not pay any affiliates who have chargebacks and creditbacks of 5% or greater. Creditback is defined as customers who cancel their memberships and receive a credit. Chargeback is defined as a refund of payment for customers after the credit card has been processed.

7. Payment of Commission
You will be paid commissions on a monthly basis. Approximately thirty days following the end of each calendar month, we will send you a check for the commissions earned, less any taxes that we are required by law to withhold. However, if the commissions payable to you for any month are less than $50.00 (the "Commission Payment Floor"), we will hold those commissions until the total amount due is at least equal to the Commission Payment Floor. The Commission Payment Floor is subject to change at any time or from time to time at our sole discretion and without notification.

8. Reports of Commissions
You will have the opportunity to review your commissions. You will be given a password and have the ability to enter a password protected site to receive your statistics on a daily basis.

9. Policies and Pricing
We may change our policies and operating procedures at any time. For example, we will determine when an affiliate will be converted from a CPC to a percentage payout affiliate and the prices to be charged for Membership sold under the Affiliate Network in accordance with our own pricing policies. 

10. Ownership of Customer
Customers who buy a membership through the Affiliate Network will be deemed to be customers of Eroticy and its entities. Accordingly, all of Eroticy's rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers.

11. Non-Exclusive Limited License and Use of Eroticy Logos and Trademarks
We grant you a non-exclusive, non-transferable, revocable license to (i) access our site through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively "Eroticy" Marks), solely for the purpose of selling membership on your site. You may not alter, modify or change the Eroticy Marks in any way. You are only entitled to use the Eroticy Marks to the extent you are an Affiliate Member, in good standing. You shall not make any specific use of any Eroticy Marks for purposes other than selling memberships on behalf of Eroticy. You agree not to use the Eroticy Marks in any manner that is disparaging or that otherwise portrays Eroticy in a negative light. We reserve all of our rights in the Eroticy Marks, and all other intellectual property rights thereto. We may revoke the rights granted to you pursuant to this section at any time by giving you written notice. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement.

12. Non-Exclusive Limited License and Use of Affiliates Logos and Trademarks
You grant us a non-exclusive license to utilize your names, titles, logos, and trademarks (collectively the "Affiliate Marks"), and to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Marks and have the right and power to grant to us the license to use them in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

13. Anti-Spamming Policy
Eroticy will not tolerate any form of unsolicited emailing (commonly referred to as "spamming"), and all Affiliate Members are expected to adhere to this policy. We reserve the right to terminate the Affiliates without pay and without notice in the event that we determine that an Affiliate Member is spamming.

14. Advertising and Promotion via Email - "Can-Spam" Compliance

14.1 Prohibition on SPAM. You will not use any form of mass unsolicited electronic mail solicitations, news group postings, Instant Messaging or any other form of "spamming" as a means of promoting your website or for the purpose of directing or referring users to Eroticy Websites. You further acknowledge and agree that if we, in our sole and exclusive judgment, conclude that you have engaged in the foregoing that there are grounds for immediate termination of this Agreement, and all funds otherwise due will be retained by Eroticy as liquidated damages.

14.2 Email Policy. To the extent you utilize email to identify and/or aggregate potential consumers, you acknowledge that you have read, understand and will comply with all provisions of the US Federal CAN SPAM legislation enacted on January 1, 2004 ("Controlling the Assault of Non Solicited Pornography and Marketing Act of 2003" or the "Act"), and any updates, changes and/or modifications to the Act, and any other applicable statutes or laws of any other jurisdiction regulating Spam. Your non-compliance with the Act or any other applicable statutes or laws of any other jurisdiction regulating Spam is grounds for immediate termination of this Agreement, and all funds otherwise due to you will be retained by Eroticy as liquidated damages.

14.3 Harvesting e-mail. You may not harvest e-mail addresses or use automated means to randomly generate addresses.

14.4 Opt Out Mechanism. You must implement and maintain at all times a functioning, conspicuous opt-out (unsubscribe) mechanism, left operational for thirty (30) days after each email campaign ends. You must remove any customer(s) from your list(s) within ten (10) business days once they have opted-out. Once an opt-out request is received, you may not give that email address to anyone.

14.5 Notices and Address. You must include your valid physical postal address along with our postal address, in substantially the following form.
This offer was sent on behalf of:

WebCapades, Inc.
36181 East Lake Road #121
Palm Harbor, FL 34685

14.6 False or Deceptive Information; Subject Lines. You may not use false or misleading: headers, subject lines that are likely to mislead the recipient about the content or subject matter, or return Email addresses.

14.7 Unacceptable Content. You will not, directly or indirectly, link any of the following content or material to any Eroticy Website through any hyperlinks maintained or created on your website nor will you have any of the following content or material on any website which contains a Link to any Eroticy Website:

(a) obscene material, including without limitation, any material depicting bestiality, rape or torture;
(b) any material not fully in compliance with United States Code, Title 18, Section 2257 et seq. or any other applicable statutes, or laws of any other jurisdiction;
(c) any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of age) or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc.;
(d) any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
(e) any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights;
(f) any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person; or
(g) any material which solicits, promotes or otherwise makes available prostitution, gambling, software piracy, warez, password selling, password trading, hacking, cracking, MP3s, Credit Card numbers, or the like.

14.8 Adult Audience. You agree that all materials of every kind, including photographic, videographic, audio and textual materials used in direct or indirect association with the Program, shall only be transmitted, distributed, broadcast and otherwise disseminated by you to willing adults and shall at all times comply with contemporary community standards in the regions into which they are so disseminated. At no time will material be displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors.

14.9 All email must include the mark SEXUALLY-EXPLICIT: (in this exact form) in the subject heading. This mark in the subject line must be in ASCII format.

14.10 The SEXUALLY-EXPLICIT: mark must also be included in the initially viewable area (termed the "brown paper wrapper") of the email message. The initially viewable area of the message is defined as the portion of the message that is immediately visible to the recipient with out taking any affirmative action to view the message, like scrolling down or clicking a link that leads to the sexually explicit material.

14.11 Sender must EXCLUDE from both the subject heading and initially viewable area of the message any sexually explicit words or visual depictions. Therefore, the subject heading and initially viewable area must EXCLUDE words and/or images that depict the following:

Actual or simulated -
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Sadistic or masochistic abuse; or
(E) Lascivious exhibition of the genitals or pubic area of any person.

14.12 In addition to the SEXUALLY-EXPLICIT: mark, the initially viewable area of the email must also INCLUDE the following:

a. clear and conspicuous notice that email message is for an advertisement or solicitation
b. clear and conspicuous opt-out instructions and link
c. functioning return email address or other internet based mechanism to opt out;
d. clear and conspicuous valid physical postal address of email sender;
e. instructions as to how to access the sexually explicit materials.

"Clear and conspicuous" means that the recipient must be able to actually see the
information required. One cannot, for example, place the physical address (or other
required information) in a color that cannot be distinguished from the background, or
in a font size that is too small to read.

15. Publicity
You shall not create, publish, distribute or permit any written material that makes reference to us, without first submitting such material to us and receiving our written consent.

16. Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You hereby represent and warrant to us that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. We reserve the right to terminate this Agreement without pay and without notice in the event that we determine that an Affiliate Member is violating a third party's intellectual property rights.

17. Term; Termination
The term of this Agreement will begin upon our acceptance of your Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to the address in our records, is considered sufficient notice for to terminate this Agreement. Upon such notice, you agree to promptly destroy or return to Eroticy all artwork pertaining to Eroticy in your possession or control. Furthermore, you must immediately remove from your site any Eroticy Marks, links to the Eroticy site, and all references to Eroticy and its respective sites. If this Agreement is terminated because you have violated the terms of this Agreement, you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement. Commissions earned through the date of termination will remain payable. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid with consideration of our assessment of potential fraud.

18. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion. We will publish these changes on our website at http://www.eroticy.com/affiliates/terms.asp. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Network rules. All such modifications may take effect immediately after we publish the changes, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Network, following our posting of a change or new agreement on our site, will constitute binding acceptance of the change.

19. Relationship of Parties
Nothing in this Agreement shall be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise that contradicts anything in this Section.

20. Limitation of Liability
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement, the Affiliate Network, Eroticy's performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.

21. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Network or any product or service sold through it. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any service interruptions or errors.

22. Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.

23. Confidentiality
We may disclose to you certain information as a result of your participation as part of the Affiliate Network, which information we consider to be confidential (herein referred to as "Confidential Information"). For purposes of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Network Agreement made specifically for your site and not generally available to other members of the Affiliate Network, website, business and financial information relating to Eroticy's customer and vendor lists, relating to Eroticy, and pricing and sales information for Eroticy and any members of the Affiliate Network, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement.

You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, customer conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.

24. Indemnification
You hereby agree to defend, indemnify and hold us and our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, affiliates, members, and other owners, harmless against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees (any or all of the foregoing hereinafter referred to as "losses") insofar as such losses, or actions in respect thereof, arise out of or are based on 1) any claim that our use of the Affiliate Marks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, 2) any failure or breach of any representation, warranty, covenant, or agreement made by you herein, 3) any misuse of our name or trademarks, or 4) any claim related to your site, including, without limitation, content therein not attributable to us.

25. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETITIVE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN ASSET FORTH IN THIS AGREEMENT.

26. Non-Assignability of the Agreement
This Agreement may not be assigned without the written consent of the other party. Such consent shall not be withheld unreasonably.

27. Choice of Law and Forum
This Agreement shall be governed by and construed under the laws of the State of Florida. Any legal actions shall take place in the County of Pinellas in the State of Florida.

28. Severability
If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.

29. Merger
This Agreement represents the entire understanding between the parties with respect to the subject matter hereof and supersedes all previous understandings, written, oral or implied. No oral waiver or amendment shall be effective under any circumstances.

30. Agreement Binding
This Agreement shall be binding upon the parties, their assigns, successors, heirs, affiliates, directors, shareholders, officers, employees and/or agents.

31. Headings
The headings and other captions used in this Agreement are for the convenience and ease of reference only and shall not be used in interpreting, constructing and/or enforcing any of the provisions of this Agreement.