GMPass.com

How did GLOBAL MALE PASS become the biggest and best online destination for adult gay entertainment? By offering our members the best content available. Our success depends on your success. Which is why we have created a number of programs to maximize your earning potential.
  Only persons over the age of eighteen (18) years or  twenty-one (21) years in any state where 21 constitutes the age of majority, with full legal capacity  may enter into enter into this Agreement and participate in the Global Male Pass ("COMPANY") Sales Affiliate Program. 

  The following is a list of COMPANY Policies and the Agreement to the Sales Affiliate Terms and Conditions.  We strongly recommend that YOU review these policies and Agreement with YOUr attorney before YOU enter into it. YOU acknowledge and agree that nothing herein and no statement by us or any employee, representative, agent or other person associated with us has in any way prevented YOU or inhibited YOU in any way from seeking such advice prior to entering into this Agreement. If YOU agree to become a COMPANY Affiliate, these Policies and Terms and Conditions between COMPANY and the participating Affiliate ("YOU") shall be binding and enforceable. 

  In exchange for the permission from COMPANY to participate in the COMPANY Affiliate Referral Program YOU are hereby agreeing to be bound by all of the terms, conditions, promises, warranties, duties and obligations set forth in this Agreement as follows: 

  1. YOU are over the age of eighteen (18) years or twenty-one (21) years in any state where 21 constitutes the age of majority, with full legal capacity  may enter into enter into this Agreement. 

  2. YOU are solely responsible for selecting and providing any and all content, material, products, and/or services on Your site(s) which participate in the COMPANY Affiliate Program; that COMPANY is not responsible for selecting or editing any of the content YOU place on Your site(s); and that YOU agree to hold COMPANY harmless and fully indemnify COMPANY from any and all liability that may arise, either directly or indirectly, from any of the content on Your site(s). 

  3. YOU acknowledge and agree that websites hosted on free hosting services that do not permit adult content will not be used as participating referral sites in the COMPANY Affiliate Program. 

  4. YOU acknowledge and agree that Company makes no guaranties or warranties of any kind with respect to the Program or materials provided by, through or in association with the Program, and all materials are provided to YOU "as is", and that use of Program and associated materials, including, without limitation is solely at Your risk. Company disclaims all warranties, either express or implied including, but not limited to, express or implied warranties of merchantability and fitness for a particular purpose, with regard to the Program and any and all materials of every kind supplied to as part of this Program.

  5. YOU represent and warrant to COMPANY and agree as follows: 

  (a) YOU shall be solely responsible for all decisions and all liability with respect to the selection and use of graphic, photographic, video, audio, literary content or any other content of any kind which is displayed or disseminated by and through Your Web Sites; 

  (b) YOU shall be solely responsible for all decisions and all liability relating to compliance with all state and federal laws and regulations governing the sale, distribution, dissemination and advertising of adult content which is displayed, distributed, sold or advertised in or through Your Web Sites,; 

  (c) YOU shall not display or include in Your Web Sites any content that infringes one or more patents, copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy, publicity or other rights of any person or entity, or that violates any state of federal obscenity, harmful matter, child pornography laws or card association regulations; 

  (d) YOU shall be solely responsible for obtaining and properly maintaining all records or information that may be required under the Record Keeping provisions of 18 USC 2257. 

  (e) YOU further represent and warrant to COMPANY and agree that Your site shall not display, publish, link to, or provide access to any images, pictures, stories, video clips or any other media portraying any content that is deemed illegal in the United States, or that violates the personal or property rights, such as, without limitation, the following: 

    (i) any material that violates any State or Federal laws concerning obscenity; in connection therewith YOU agree to assume the sole responsibility and duty to ensure that all material on Your Web Sites shall be transmitted exclusively to willing adults; YOU further agree that the content on Your Web Sites shall not contain any depictions of urination or other excretory functions, bestiality, fisting, incest, rape, sexual assault, actual physical violence, torture, or disfigurement; 

    (ii) any material that is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors; 

    (iii) any material which constitutes child pornography, i.e., any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations (ANY WEBSITE FOUND TO POSSESS OR DISPLAY ANY CHILD PORNOGRAPHY WILL BE REPORTED IMMEDIATELY TO THE APPROPRIATE LAW ENFORCEMENT AGENCIES); 

    (iv) any material which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks Younger than 18 years of age regardless of the person's actual 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. 

    (v) any photographic or other visual material that does not fully comply with the federal labeling and record-keeping laws, specifically 18 U.S.C section 2257; 

    (vi) any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity; 

    (vii) 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; 

    (viii) any false, misleading, fraudulent or deceptive content; 

    (ix) 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. 

    (x) No site will be accepted if it depicts the name, image or likeness of Alicia Silverstone, Britney Spears, Alyssa Milano, Angelina Jolie, Anna Kournikova, Barbara Mandrell, Caprice Bourket, Christina Aguilera, Cameron Diaz, Christina Applegate, Christina Ricci, Cindy Crawford, Denise Richards, or Drew Barrymore in any fashion. 

  6.YOU understand and agree that if COMPANY or a card association concludes, in its sole and absolute discretion, that a participating Web Site contains content that is deemed illegal in the United States or that violates the personal or property rights of others, COMPANY has reserved the right, without prior notice, to discontinue to accept referrals from this participating Web Site and, at COMPANY's sole discretion, terminate this Agreement and exclude the owner of said Web Site from participation in the COMPANY Affiliate Referral Program. 

7. YOU understand and agree that the term of this Agreement is at will and will begin upon COMPANY's acceptance of Your Affiliate application and will end when terminated by either party. Either YOU or COMPANY may terminate this Agreement at any time, with or without cause.  In the event that this Agreement or Program is terminated, YOU shall be entitled to all unpaid commissions or referral fees earned by YOU prior to the date and hour of termination. However, YOU shall not be entitled to receive any commissions or referral fees for any "referrals" delivered or received by Company after the date and hour of termination.  YOU also understand and agree that recurring commissions are discretionary bonuses and as such can be withheld at the sole and absolute discretion of COMPANY at any time during the term of this Agreement.  Upon termination, YOU will lose all claim or right to any recurring commissions to which YOU might otherwise be entitled as an affiliate Webmaster of the COMPANY program or network and all such commissions will be forfeited and automatically become the sole and exclusive property of COMPANY.

  8. Limitation of Liability.  YOU acknowledge and agree that under no circumstances shall COMPANY, its employees, independent contractors, authors, agents, representatives, assigns and successors be liable to applicant, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any COMPANY website, or arising from or in connection with the use of the Program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of COMPANY services, content or Program materials, including without limitation any losses due to serve problems or due to incorrect placement of HTML or other programming languages. Notwithstanding the foregoing express limitations of liability, YOU acknowledge and agree that should COMPANY, its officers, employees, successors, or assigns be held liable for damages, injuries or losses of any kind, directly or indirectly resulting from participation in the program, that the aggregate liability arising with respect to and under this Agreement and the Program for any and all claims, injuries, damages or losses will not exceed the total referral fees paid or payable to YOU under this Agreement. 

  9.  Either party shall be excused from delays in performing or from its failure to perform hereunder to the extent that such delays or failures result from causes beyond the reasonable control of such party, including, without limitation, acts of God, nature, any government agency(ies), war, civil disturbance, labor disputes or shortages, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities, or any other cause beyond either party's direct control, including but not limited to, the issuance of an order by any regulatory, administrative, judicial or legislative prohibiting or interfering with either party from carrying on its day-to-day operations as contemplated under this Agreement. 

  10. YOU understand and agree that this Agreement does not create or constitute a Joint or Collaborative Venture between COMPANY and YOU; COMPANY does not Monitor or Control Your Content.  Nothing in this Agreement shall constitute or be construed to constitute or tending to create an agency, partnership, joint venture, master-servant or employer-employee relationship between COMPANY and YOU. 

11. YOU agree that COMPANY may at any time, in its sole and exclusive discretion, modify the type and quality of benefits provided to YOU under this Agreement by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.  YOU acknowledge and agree that COMPANY may unilaterally revise these Terms and Conditions without notice to YOU and any revisions will be effective upon posting. YOU acknowledge and agree that the failure of COMPANY to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. YOU agree that all promises, obligations, duties and warranties made by YOU in this Agreement are personal to YOU and that neither they nor any benefits hereunder may be assigned by applicant to any other person or entity. YOU agree that COMPANY may at any time, and without prior notice to YOU, freely assign all or part of its duties, obligations and benefits hereunder.

  12. Any and all disputes as to the interpretation of or any performance under this Agreement which are not first resolved informally, shall be determined by binding arbitration in the State of California, County of Los Angeles, without reference to the choice of law provisions thereof..  The Rules of the American Arbitration Association shall apply. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States.  This Agreement is executed in California and all its provisions shall be governed by and construed according to the laws and judicial decisions of the State of California and the United States when applicable. 

  13. This Agreement constitutes the entire agreement between YOU and COMPANY with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.  This Agreement cannot be varied, amended, changed, waived, or discharged except by a writing signed by all parties hereto. Each party to this Agreement further acknowledges that no promises, representations, inducements, agreements, or warranties, other than those set forth herein, have been made to induce the execution of this Agreement by said party, and each party acknowledges that it has not executed this Agreement in reliance on any promise, representation, inducement, or warranty not contained herein. 

  14. COMPANY HAS A ZERO TOLERANCE SPAMMING POLICY. IF YOU SPAM, YOUR PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO THE COMPANY: YOU therefore warrant that YOU will not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of what is commonly known as "spamming" as a means of promoting Your website or for the purpose of directing or referring users to any websites owned, operated or controlled by Company. YOU further acknowledge and agree that company has the right to immediately, and without notice, terminate Your participation in the program if we, in our sole and exclusive judgment, conclude that YOU have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, warez, IRC posting or any other form of "spamming".

  15.  In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. 

  16. YOU may notify or contact COMPANY by email at gmpadmin@gmpass.com. 

  17. COMPANY is not accepting any NEW Affiliate applications from the following countries:  Russia, Indonesia, Estonia, Croatia, Hungary, Lithuania, Bulgaria, Slovenia, Bosnia/Herzegovina, Kazakhstan, Cyprus, Armenia, Iran, Iraq, Turkey, Israel, Libya, Jordan, Ukraine, Belarus, Romania, Malaysia, Afghanistan, Pakistan, Lebanon, Netherlands, Yugoslavia, Belgium, Philippines, Czech Republic, Albania, India, Kuwait, Moldova, Slovak Republic, Thailand, Uzbekistan, Equador, Lativa, Slovakia, Estonia or Vietnam. 

  18.  YOU hereby acknowledge and agree that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that YOU have been given a reasonable chance to seek advice of independent counsel with respect to this Agreement and all transactions associated herewith and that Your act of clicking on the I AGREE button below constitutes Your electronic signature and AGREEMENT to be bound by all of these Terms and Conditions.