CamModelDirectoryPerformerAgreement

This Performer Agreement ("Agreement") is entered into by and between DDM Internet
Marketing LLC (DDM), 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:
I. Services
DDM agrees to provide the Performer with Internet marketing services through
CamModelDirectory.com. Performer may use CamModelDirectory to advertise services
such as webcam shows, phone sex, text messaging and any other legal services.
Performer may also use CamModelDirectory 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.
DDMreserves the right to modify any advertisement at any time in order to prevent
abuse and to keep the content appropriate for the sites 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 DDMs sole discretion. Failure to abide by such policies can lead to immediate
termination of this Agreement.
Performer agrees to provide paying customers with the actual products and services
listed in the Performers ad. 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
ad(s) removed and will be blocked from placing future ads.
Performer agrees to use the payment method established by DDM for the sale of all
products and services advertised on the site by the model. Performer agrees that under
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no circumstances will she accept payment for her services via Paypal, Giftrocket, Amazon
or any other payment method. Violation of this payment policy will result in the
immediate termination of the Performers account and removal of all ads from
CamModelDirectory.com.
II. Payment
DDM agrees to pay the Performer a monthly 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. Unless the parties agree to another payment method, payouts will
occur weekly through Payoneer. Performer is responsible for signing up for a Payoneer
account. If Performer fails to sign up for Payoneer, Performer agrees that his or her
payment may be delayed by up to forty-five (45) days. Payouts through Payoneer shall
occur on a weekly basis, one week in arrears, however, payment periods may change at
DDMs sole discretion. Payoneer requires a minimum payout amount of $20 in order for
Performer to be paid; however, this may change at Payoneers discretion. DDM is not
liable for any changes in payment processing made by Payoneer. DDM reserves the right
to terminate Performers ability to accept payment through DDMs payment processor at
any time without notice. DDM may also change the commission rate at any time with at
least seven (7) days advance notice to the model.
III. Indemnification
Performer shall indemnify and hold DDM, 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 DDM, 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 Performers action or inaction resulting in a loss
of income for DDM, 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 Performers failure to abide by
the nondisclosure provisions in Section VII of this Agreement.
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IV. Warranties & Limitations of Liability
Performer warrants that any content that Performer delivers while under contract with
DDM will not violate any applicable laws, rules, regulations or public policies that may
govern the content so delivered. Performer further warrants that he/she is over the age
of eighteen (18) (nineteen (19) in Canada) and has submitted valid Identification, and
understands that the terms of this Agreement may be amended or changed at the sole
discretion of DDM without notice to Performer. DDM 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 DDM 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 DDM, 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 DDM be liable to Performer for
any more than the amount owed Performer for Performers performance of his or her
duties under this Agreement. DDM 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
DDM HAS BEEN MADE AWARE OF THE POSSIBILITIES OF SUCH DAMAGES.
V. Term
The Term of this Agreement shall be indefinite. Provided, that DDM 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 DDM. 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.
VI. Dispute
This Agreement shall be governed, construed and enforced in accordance with the
substantive laws of North Carolina without regard to the conflicts of law provisions
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thereof. All claims, actions, disputes, controversies or suits shall be litigated exclusively
in the federal or state courts located in Wake County, North Carolina. 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, and Performer, if not a resident
of the United States, hereby appoints the Secretary of State of North Carolina as its agent
for service of process in the United States.
VII. Confidentiality & Non-disclosure
In consideration for DDMs 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 DDM, 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 DDM.
VIII. Content
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 DDM, and DDM 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.
IX. Changes to the Agreement
Performer understands and agrees that DDM 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 DDMs service.
X. 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 DDM upon signature by
Performer without any counter signature by DDM. Whenever possible, each
provision of this Agreement shall be interpreted in such a manner as to be effective and
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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.
XI. Assignment
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 DDM. DDM may assign its rights and
obligations hereunder to one or more subsidiary or affiliates without consent, but DDM
shall remain liable for all obligations hereunder.
XII. Construction
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.
XIII. Headings
Headings in this Agreement are for convenience only and shall not be used to interpret
or construe its provisions.
XIV. Prevailing Party.
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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.
XV. Notice
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 Legal Name________________________________________________________________________
Performer Stage Name________________________________________________________________________
Performer Date of Birth______________________________________________________________________
Performers Notice Address__________________________________________________________________
Performers SSN or EIN (US Citizens Only)__________________________________________________
Todays Date___________________________________________________________________________________
Signature_______________________________________________________________________________________
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