Terms and Conditions – BoleynModels Membership
Part 1 – This Agreement
1.1.1 KB Web Marketing LLC, as the operator of BoleynModels Network (“the Studio”), an operator of studio accounts such as BoleynModels or BoleynGirls on several websites, respectively (“the Site”) or (“the Site(s)”).
1.1.2 The Performer, an individual acting as a performer on any Sites whom is also a member or member applicant for the Studio, and/or a referring agent of other Performer receiving compensation for Performer referrals (“the Performer” or “Agent”),
1.2 These Terms and Conditions (“the Terms”) act as a legal binding contract between the Studio and the Performer(s).
1.3 Performer must complete all conditions of the application process and be formerly approved and notified before any conditions of these Terms are binding.
1.4 Performer must consent to the Terms as part of their application process. Use of a check box in the online application is explicit consent to the Terms. Cashing a check or receiving funds from the Studio in exchange for Performer services is implicit consent to the Terms unless the funds are returned within 7 days.
1.5 Performer and the Studio agree to the Terms detailed in the following sections.
Part 2 – Explanation of Performer’s Account and Obligations
2.1. To be in valid receipt of the Terms, Performer must have previously submitted an online application, requesting acceptance as a content Performer for the Studio. Upon assent to the Terms, Performer will be required to submit the following additional information when requested to the Site(s):
2.1.1. Confirmation of the Performer’s intent to comply with all labeling and records-keeping obligations set forth under Title 18 U.S.C. § 2257, and associated regulations, as they may be amended from time to time, (“Section 2257”), along with the data required by said statute including the Model’s legal name, date of birth and all stage name, aliases, and other names by which the Model has been known;
2.1.2. For U.S. residents: A legible copy of a government-issued photo identification card (such as a drivers’ license, state identification card, military identification card or passport);
2.1.3. For non-U.S. residents: A legible copy of a valid passport and a teleconference interview with video pursuant of Know Your Client (KYC) regulations.
2.1.4. A digital photo of the Performer holding the forms of photo identification required above directly next to her face (collectively “Model Registration”).
2.1.5. These documents will be collected by the Studio, and will be collected and stored on the Site(s) which the Performer provides content.
2.1.6. The Studio will confirm with the Site that the Performer has provided this information to the Site before the Performer may be paid for services.
2.1.7. If the Site(s) give notice that the Performer is in violation of any 2257 statute or has not completed the ID requirements before the Performer’s first content creation, this contract is null and void and the Studio has no further relationship with the Performer.
2.2 The Performer as part of the Application process or within 30 days of acceptance into the Studio must also submit a valid social security number and valid current mailing address for the purposes of 1099 preparation and filing if he/she is a U.S. citizen.
2.2.1 The Performer is solely responsible for her respective tax preparation and paying any relevant taxes on the Performer’s income.
2.2.2 The Studio is not an employer of the Performer, and no employment relationship is implied for tax or withholding purposes.
2.2.3 A 1099-MISC for the previous tax year will be submitted to the Performer by the Studio no later than January 30th of the current tax year if the Performer has generated more than $600 in sales and commissions or other earnings via the Studio.
2.3.4 The Performer, if a citizen of the United States or registered U.S. Taxpayer, at the discretion of the Studio, may be issued a 1099-MISC if the aggregate amount earned for the previous tax year was less than $600. The Performer may also request a 1099 to be issued in this case.
2.2.5 The Performer will not be issued a 1099-MISC nor will the individual Performer’s funds be accounted by the Studio for any funds earned or distributed by Agents or otherwise collected outside of the Site(s) billing systems, or from funds earned on the Sites prior to joining the Studio.
2.3 The Performer, before being compensated by the Studio, must provide relevant details for payment by whatever means the Performer chooses and the Studio has available. Failure to provide this information in a timely manner can result in the Performer’s monetary compensation being held in escrow until such time as these details are provided to the Studio. This can include but is not limited to:
2.3.1 The Performer’s bank account details, including routing number, account number, full bank name, and/or SWIFT code.
2.3.2 The Performer’s linked e-mail address to an online payment system such as Paxum or Payoneer.
2.3.3 The Performer may provide an alternate address where he or she would like her check to be sent.
2.4 The Performer retains all rights to his/her image, stage identities, generated content, and intellectual property under this agreement. The Studio will only use images of the Performer with the Performer’s express permission.
2.4.1 On the Site(s), this clause is superseded by Site(s)’ respective Performer Agreement.
2.4.2 Upon cancellation or termination of the Terms, the Studio will make a good faith effort to remove the
Performer’s images from any Sites or promotional materials under the Studio’s direct control.
2.4.3 In cases that do not fall under respective Performer Agreements for the site, or where Performer agreements from multiple sites would conflict, the Studio reserves the right to enforce protections of the Performer’s stage persona, personhood, content, and images under applicable law, including statutory Right of Publicity, Right of Personhood, and applicable US federal Trademark and Copyright Laws at the discretion of the Studio. This can include sending DMCA notices to unauthorized parties using the Performer’s content, cease and desist letters, and aiding the Performer in enforcing respective trademarks, copyrights, and rights of publicity.
2.4.4 Any clause of Section 2.4 may be superseded by a Performer’s contractual terms with an Agent.
2.5 The Performer may give notice of termination of the Terms for any reason and at any time. The Studio will make a good-faith effort release the Performer from the Studio within 24 hours of receipt.
2.5.1 In the event the Performer has been in the Studio less than 90 days, the Studio reserves the right to assess a $30 processing fee. This fee will be deducted from the Performer’s final payment at the next billing cycle.
2.5.2 The Performer will be considered a free agent on the Site(s) at the time of release and payment of any applicable fees.
2.5.3 All monies earned by the performer will continue to be paid on the regular billing cycle as they are received by the Studio from the Site(s). Once all funds have been disbursed, there is no further relationship between the Studio and Performer.
2.5.4 There is no “non-competition clause.” The Performer is immediately free to broadcast on any network Site as a free agent or member of a different studio.
2.5.5 The Agent has identical rights to a Performer regarding sections 2.5 through 2.5.4
Part 3 – Studio Rights and Obligations
3.1 The Site(s) shall maintain a Performer’s records pursuant to Title 18 U.S.C. § 2257 on the premises for a period of not less than 3 years after the Performer’s final notice or termination. The Studio shall also retain Performer records insofar as they provide content directly for sale by the Studio.
3.1.1 These records shall only be released to authorized law enforcement officials or authorized government investigators.
3.1.2 Performer information, including implied public release of such information, will never be used as leverage in any dispute between the Studio and the Performer.
3.1.3 Performer information obtained in pursuit of Title 18 U.S.C. § 2257 will not be released to 3rd parties under any circumstances, excepting licensed legal counsel and law enforcement agencies pending the proper legal authorizations.
3.1.4 The Studio reserves the right to report and provide evidence to appropriate law enforcement agencies for bona fide cases of child abuse, animal cruelty, cyber-bullying, human trafficking, sexual abuse and exploitation, fraud through financial transactions, identity theft, and other crimes of malicious intent.
3.1.5 The Studio is obligated to take prudent and timely action on behalf of models encountering such activity by their clients as outlined in section 3.1.4 in the course of their contractual work, or advise Performer(s) as to the appropriate action in a timely and effective manner.
3.2 (Pay Provision) The Studio shall provide compensation to the Performer according to the established Studio payout rates for the site(s). These rates can be updated day to day, with appropriate notice of any changes on www.boleynmodels.com. Performer may also request an electronic copy of the current payout rates for each website.
3.2.1 All reasonable effort will be made to compensate the Performer through their designated payment method.
18.104.22.168 In the event that a payment method fails, the Studio shall make a reasonable effort to contact the Performer. At the end of the calendar year, if no other arrangements have been made, the Studio shall mail US models a check to their last known address of record. Non-U.S. residents have 1 year in which to make arrangements to claim their funds.
3.2.2 In any arrangement the Studio reserves the right to charge a finance and banking fees “at cost.”
3.2.3 All fees associated with transfers via the Performer’s chosen payment method are the responsibility of the Performer.
3.2.4 These payments are made simultaneous with the confirmation or receipt of funds from the site. A good faith effort will be made to transfer these funds by the Studio within 24 hours, but the timing is not to exceed 30 days.
3.2.5 The Studio and Performer may supersede the compensation scheme with a different scheme with express agreement between the Studio and the Performer. The Studio will make available alternative compensation schemes at its sole discretion; the Performer may select an alternative pay scheme at her sole discretion.
3.3 In the event that the Terms are ended between the Performer and Studio for any reason, all monies held by the Studio owed to the Performer will be released to the Performer at the next payment cycle. In no event will the Studio dispense a settled payment in more than 30 days from the termination of the Terms.
3.4 Chargebacks as relayed from the site(s) are put towards the Performer account on a pass-through basis. This can affect a negative balance (debt) towards the Studio. The Performer has 90 days to resolve such a debt via further work or return payment on a case-by-case basis. If the debt remains unresolved after 90 days, the Studio reserves the right to dispose of the debt by any legal means available.
3.5 The Studio may end the Terms between the Studio and Performer at any time for any reason. Typical reasons include:
3.5.1 Deceptive or fraudulent activities, including but not limited to, logging into another Performer’s account, colluding with users to engage in fraudulent activity;
3.5.2 Use stolen credit cards, debit cards or other financial information;
3.5.3 Streaming pre-recorded Performer content in lieu of live content where inappropriate;
3.5.4 Harassing users, Studio staff, or other Performer;
3.5.5 Disparaging comments regarding the Site, the Studio or other Performer;
3.5.6. Allowing minors within the scope of the camera view, audible off camera, or in the viewable vicinity in which a webcam performance is taking place;
3.5.7 Allowing persons who have not submitted valid Performer Registration documents within the scope of the camera view;
3.5.8 Discussing or facilitating prostitution-related services with users or other Performer;
3.5.9 Disclosing personal information relating to Performer, Studio personnel, or users;
3.5.10 Engaging in or planning personal or physical contact with users, in a realistic context outside of the context of fantasy or role-playing;
3.5.11 (“No PayPal” Clause) Requesting and/or receiving payment outside of the Site(s)’s compensation system for activities occurring on the Site(s), to include theft of traffic or marketing granted by the Site(s) in good faith or in violation of the Terms of the respective payment processor;
3.5.12 Producing any Performer content on the Site that is against the Site(s)’ Terms of Service; 3.5.13 Interfering with the creation of Performer Content by other Models, or otherwise interfering with the duties owed by other Performer under this Agreement;
3.5.14 Violating the intellectual property, privacy or publicity rights of any person or company;
3.5.15 Depicting, promoting or facilitating illegal activities of any kind; or,
3.5.16 Such other restrictions that are imposed, upon reasonable notice to the Performer by the Studio from time to time.
3.5.17 Not using services provided by the Studio for an extended period of time, or situations where the Performer could not benefit from the Studio services.
3.6 The Studio shall not enforce any contractual terms other than these Terms on behalf of any Party, including “non-competition clauses”, any measures of penalty to a Performer by an Agent, or any measures of penalty by the Site(s) toward Performer.
Part 4 – Other Provisions
4.1 In the event of a closure by the Studio, all Performer accounts on the site will be released to free agency on their respective Site(s). All earned funds will continue to be disbursed on the regular payment schedule until all funds owed are disbursed.
4.1.1 An Agent or Agency will continue to receive any payments owed so long as their contracted Performer’s work is paid to the Studio by the Sites.
4.1.2 In the event of closure by the Studio, the terms of contracts between Agents and their contracted Performer are at their sole discretion.
4.2 This Agreement shall be governed and interpreted in accordance with the laws of the State of
4.3 Litigation – The Parties agree that all litigation permitted under this Agreement shall be initiated, tried, and/or litigated exclusively in the county, state, or federal courts located in McDonough County, Illinois, and the Parties hereby consent to the jurisdiction of such courts, agree to accept service of process by certified or registered mail, and hereby waive any jurisdictional or venue defenses otherwise available to the Party.
4.4. No Other Agency Relationship – Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the Parties shall be limited to those expressly set forth herein.
4.5 Confidentiality – Performer may have access to certain information or material on the Site(s) that non-Performer users cannot access. Performers agree that any and all information or material received in the course of duties as a Performer is to be treated as confidential. Performer may not disclose such confidential information to any third party, whether or not such disclosure is public or via private means such as e- mail or other “private” messaging systems, and shall survive the termination of the Terms, and shall remain in effect for a period of five (5) years subsequent to the termination of the Terms.
4.6 Section Headings – The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement.
4.7 Severability – If for any reason a court of competent jurisdiction or an arbitrator finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Terms will continue in full force and effect.
4.8 Complete Agreement – The Terms constitutes the entire agreement between the Parties concerning its subject matter, and may not be modified except by a written instrument signed by all Parties. The failure of a party to insist upon adherence to any term of these Terms shall not be considered a waiver or deprive the party of the right thereafter to insist upon strict adherence to that term or any other term in these Terms. The Terms supersedes and replaces all prior understandings or agreements, written or oral, regarding its subject matter.
4.9 The Terms are executed voluntarily and without any duress or undue influence on the Parties or their officers, employees, agents or attorneys and no party is relying on any inducement, promises or representations made by any other party or any of its officers, employees, agents or attorneys other than as set forth in these Terms. All Parties have had an opportunity to seek legal advice regarding the Terms, and have either received such advice or waived the opportunity to obtain such advice.