CamModelDirectory Performer Agreement
This Performer Agreement (“Agreement”) is entered into by and between PPM INTERNET INC, owner of CamModelDirectory.com, and
_________________________________________ (“Performer”), a
resident/corporation of _________________________________________
State/Country. This Agreement is effective as of the date of signature of the Parties.
Therefore, in consideration of the mutual covenants contained herein, the Parties agree to the following:
PPM INTERNET INC agrees to provide the Performer with Internet marketing and payment processing services through CamModelDirectory.com. Performer may use CamModelDirectory.com to advertise services such as webcam shows, phone sex, text messaging and other legal services. Performer may also use CamModelDirectory.com to advertise and promote digital content such as videos and picture sets as well as non-digital content such as clothing. Performer will have the right to set up pricing for all services and merchandise at his or her discretion. Performer also has the right to deliver services/merchandise through any means preferred by her/him.
PPM INTERNET INC reserves the right to modify or delete any profile or listing at any time in order to prevent abuse, and to keep the content appropriate for the site’s audience and comply with legal and industry regulations. Any advertisement that is in violation of site policies is subject to being removed immediately without prior notice. Performer agrees to abide by all site policies as shown on CamModelDirectory.com. These may be updated from time to time at PPM INTERNET INC s sole discretion. Failure to abide by such policies can lead to immediate termination of the performer’s account.
Performer agrees to provide paying customers with the actual products and services listed in the Performer’s advertisements. This means that the Performer may not provide a videotaped cam show if advertising a live show or accept money without providing the advertised services or products. Any Performer found to be engaging in such practices will have her account disabled, advertisement(s) removed, and will be blocked from placing future ads.
Performer must charge a minimum of $2.47 per minute for all nude chat sessions.
Performer agrees to use the payment method established by PPM INTERNET INC for the sale of all products and services advertised on CamModelDirectory.com by the model. Performer agrees that under no circumstances will accept payment for products or services via Paypal, Giftrocket, Amazon or any other payment method for all clients obtained from CamModelDirectory.com. Violation of this payment policy will result in the immediate termination of the Performer’s account and removal of all ads from CamModelDirectory.com.
II. Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party must be and act as an independent contractor and not as partner, joint venture, or agent of the other and must not bind nor attempt to bind the other to any contract. Performer is an independent contractor and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, Workers’ Compensation Insurance; and Performer agrees to defend, indemnify and hold PPM INTERNET INC harmless from any and all claims, damages, liability, attorneys’ fees and expenses on account of (i) an alleged failure by Performer to satisfy any such obligations or any other obligation (under this Agreement or otherwise) or (ii) any other action or inaction of Performer. If Performer is a corporation, it will ensure that its employees and agents are bound in writing to Performer’s obligations under this Agreement.
PPM INTERNET INC agrees to pay the Performer a commission as shown below:
● A 75% commission will be paid on the first $500 in sales generated by the Performer during the course of a calendar month.
● An 80% commission will be paid on all sales generated by the Performer over $500 during the course of a calendar month.
● The commission rate resets on the first of each month to 75%.
Earnings may come from the sale of webcam shows, chat services, digital content and
non-digital products. Payout options are available depending on Performer’s country. Performer is responsible for signing up for a payout option by choosing one of the available options. If Performer fails to sign up for a payout option, Performer agrees that his or her payment will be delayed until such time as the payout account is established. Payouts shall occur on a weekly basis, one week in arrears, however, payment periods may change at PPM INTERNET INC s sole discretion. The minimum payout amount required varies according to the option chosen by the Performer. PPM INTERNET INC is not liable for any changes in payment processing made by the 3rd Party payment providers.
PPM INTERNET INC reserves the right to terminate Performer’s ability to accept payment through PPM INTERNET INC’s payment processor at any time without notice. PPM INTERNET INC may also change the commission rate at any time with at least seven (7) days advance notice to the model.
IV. Prohibited Content
Performer is not allowed to upload or create any content which suggests any illegal activity. Content in violation of PPM INTERNET INC s policies, or the policies of the credit card associations may result in the termination of your account. Below is a list of prohibited content. This applies to content in both live cam shows as well as videos and/or photos. Prohibited content includes, but is not necessarily limited to:
● Child Pornography (anyone under the age of 18)
○ Performer may not allow anyone on cam who is under the age of 18.
○ Performer may not engage in acts that depict or describe persons under the age of 18, or appearing to be under the age of 18. This includes fantasy and role play scenarios.
● Forced / Non-Consensual Sexual Activity
○ Performer may not engage in acts depicting (whether real or simulated) rape, forced sex acts, sleeping, intoxication, hypnosis, etc.
○ Performer may not engage in acts depicting or describing sex with animals, nor acts with non-humans creatures (aliens, mythological creatures, etc.).
● Hate Crimes
○ Performer may not engage in acts which could be considered hate crimes including race play.
● Violence and Pain
○ Performer may not engage in acts of violence or extreme pain
○ Performer may not engage in any non-consensual mutilation of a person or body part
○ Performer may not engage in acts that depict blood (real or simulated) including such acts as “period play”
○ Performer may not engage in acts depicting or displaying human feces whether real or simulated
● Illegal Drugs
○ Performer may not engage in acts depicting or displaying illegal drug use. This includes all drugs currently considered illegal by United States federal law.
● Used Underwear
○ Performer may not advertise or sell used underwear.
● Copyright Infringement
○ Performer may not use copyrighted materials such as music, video, photos or any other infringing materials
● Profile and Advertisement Photos
○ Performer is not allowed to display any photo on her profile or any advertisement that displays exposed genitals, intercourse (real or simulated), or excretory functions. Bare breasts may be shown, but anything below the waist must be covered, obscured or blurred out.
● Performer may post links to a personal website, advertising website or social media page, this includes: Twitter, Instagram, Pinterest, Snapchat, personal website, allmylinks.com or similar advertising websites. We do ask that if you add a link into your CMD profile, please give us the courtesy and promote CMD from the added personal link or advertising link.
● Performer may not post links to profiles on competing sites that solicit outside payments such as: OnlyFans, similar websites or other direct competition.
● Performer is not permitted to post links/URLs on CMD to the following types of websites:
● Sites that offers Merchandise-only (wish-lists are allowed)
– Websites that solicit payment outside of CMD for a competitive service including phone calls, webcam, tributes/donations and recorded content.
● Performer may not provide clients with alternative payment methods (such as PayPal, Amazon, Western Union, checks, money orders, etc.).
● The following words may not be used in ANY way in the Performer’s profile or
advertisements. This includes using the word to describe acts that you will NOT do.
○ bestiality, drugged, force, forced, forcing, hypno, hypnosis, incest, lolita, pedo, pedophile, pedophilia, preteen, rape, raped, raping, rapist, tentacles, vampires
Any violation of any of the prohibitions outlined in this agreement will result in the immediate termination of the Performer’s account.
Performer shall indemnify and hold PPM INTERNET INC, its owners, principals, employees, and agents, harmless from any and all claims, losses, and damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by PPM INTERNET INC, its owners, principals, employees, and agents in respect to (a) any breach or failure by Performer to perform any covenant or obligations of Performer set forth in this Agreement (b) any breach or inaccuracy in the representation or warranty made by Performer pursuant to this Agreement (c) any claim resulting from Performer’s action or inaction resulting in a loss of income for PPM INTERNET INC, to the extent caused in whole or in part by any negligent act or omission of Performer or anyone directly employed by him or her or anyone for whose acts Performer may be liable, (d) any claim resulting from Performer’s failure to abide by the non-disclosure provisions in Section VII of this Agreement.
VI. Warranties & Limitations of Liability
Performer warrants and represents that he/she is over the age of eighteen (18) [or nineteen if he/she is a Canadian citizen] and has submitted valid government-issued photo identification such as a passport, driver’s license or identification card. At a minimum the identification must include a photo and must state Performer’s name, birth date and any other information which may be required by law. Performer warrants and represents that any content that Performer delivers will not violate any applicable laws, rules, regulations or public policies that may govern the content so delivered.
Performer warrants and represents that Performer will notify PPM INTERNET INC prior to delivering Content involving any party other than Performer and Performer understands that any such party would be required to execute this Agreement prior to delivering any content in conjunction with Performer.
Performer understands that the terms of this Agreement may be amended or modified at the sole discretion of PPM INTERNET INC without notice to Performer. PPM INTERNET INC represents and warrants its products and services “as is” and disclaims all representations and warranties, including, but not limited to, all express and implied warranties of merchantability and fitness for a particular purpose. Performer agrees that PPM INTERNET INC will not be liable to Performer for any unforeseeable or unintentional torts or breaches of this Agreement arising out its performance under this Agreement.
Furthermore, Performer acknowledges and agrees that they, and not the PPM INTERNET INC, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which you submit, publish, display, disseminate or otherwise communicate through CamModelDirectory.com. Under no circumstances shall PPM INTERNET INC be liable to Performer for any more than the amount owed Performer for Performer’s performance of his or her duties under this Agreement.
PPM INTERNET INC SHALL NOT BE LIABLE TO PERFORMER PURSUANT TO THIS AGREEMENT FOR AMOUNTS REPRESENTING INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE PERFORMANCE OR BREACH OF ANY TERMS OF THIS AGREEMENT EVEN IF PPM INTERNET INC HAS BEEN MADE AWARE OF THE POSSIBILITIES OF SUCH DAMAGES.
The Term of this Agreement shall be indefinite. Provided, that PPM INTERNET INC may terminate this Agreement with written notice to Performer for any reason whatsoever, including but not limited to breaches of this Agreement. Performer will have the right to terminate for any reason whatsoever with seven (7) days written notice to PPM INTERNET INC. In the case of termination, the Parties agree to remit any monies or services owed to the other within forty five (45) days, and Performer agrees to cease any related activities on CamModelDirectory.com.
This Agreement shall be governed, construed and enforced in accordance with the substantive laws of the UK without regard to the conflicts of law provisions thereof. All claims, actions, disputes, controversies or suits shall be litigated exclusively in the courts located in the UK. Each party specifically consents to service of process by and the jurisdiction of and venue in those courts and waives any claim to venue in any other court.
IX. Confidentiality & Non-disclosure
In consideration for PPM INTERNET INC s willingness to enter into this Agreement, Performer agrees that the terms of this Agreement, and information, including but not limited to, software, business and marketing plans of PPM INTERNET INC, is confidential and proprietary in nature (“Confidential Information”), and agrees not to disclose such Confidential Information to any third parties without the express written permission of PPM INTERNET INC.
Performer understands that she will upload content/images to CamModelDirectory.com for re-broadcast. All content/images uploaded to the system shall become the property of PPM INTERNET INC, and PPM INTERNET INC will have the sole discretion to use all such content/images in any way it deems necessary, and in any medium, in all sales and marketing efforts, during the Term of this Agreement and upon termination.
XI. Changes to the Agreement
Performer understands and agrees that PPM INTERNET INC may change any part of this agreement at any time with 7 days prior written notice to the Performer. In the event that the Performer does not agree to the new terms, the Performer must provide written notification of the desire to discontinue the use of PPM INTERNET INC’s service.
XII. Entire Understanding/Severability/No Waiver
The Parties acknowledge and agree that each Party has reviewed this Agreement and has had sufficient time to seek independent legal counsel. And upon review, the Parties understand the terms of this Agreement and enter into the Agreement knowingly and voluntarily without any inducements and for valid consideration, and that this Agreement is binding and accepted by PPM INTERNET INC upon signature by Performer without any counter signature by PPM INTERNET INC. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under the applicable law. In the event that any provision(s) contained in this Agreement is held to be unenforceable, this Agreement shall be construed without such provision(s).
This Agreement constitutes the entire and exclusive Agreement between the parties with respect to its subject matters and there are no oral or written representations, understandings or agreements relating to this Agreement which are not fully expressed herein. No delay or omission by either party to exercise any right or power shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties of any covenants, conditions or agreements to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. No change, waiver, or discharge hereof shall be valid unless presented in writing to all interested parties and signed by an authorized representative of the party against which such change, waiver, or discharge is sought to be enforced.
Performer acknowledges that his/her services are unique and personal. Accordingly, Performer may not assign his/her rights or delegate its duties or obligations under this Agreement without the prior written consent of PPM INTERNET INC. PPM INTERNET INC may assign its rights and obligations hereunder to one or more subsidiaries or affiliates without consent, but PPM INTERNET INC shall remain liable for all obligations hereunder.
The parties acknowledge and agree that each of them have participated in the drafting of this Agreement and that this Agreement has been reviewed by the respective legal counsel for such parties and that the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not be applied to the interpretation of this Agreement. No inference in favor of, or against any party shall be drawn from the fact that one party has drafted any portion of this Agreement.
Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
XVI. Prevailing Party
If a party hereto brings any action at law or in equity to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys’ fees and costs, in addition to any other relief to which such party may be entitled.
Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service to the address listed below. Either party may change such addresses from time to time by providing the other party notice of the new address.
Performer’s Date of
Performer’s SSN or EIN (US Citizens