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gothweb · 01-19-2003, 08:16 PM

Normally, I wouldn't post an entire contract. However, Jim did say he would be happy to were it not so long, so what the hell...

Website Ownership and Employment Agreement

PARTIES

The Parties to this Agreement are Ian C. [Last name removed] (hereafter, ?Ian?), [LLC name removed]dba DarkDollars (hereafter, ?DarkDollars. This agreement binds the Parties as outlined below.

ALTERATIONS AND AMMENDMENTS

The Parties may agree to alter or amend this agreement. Any changes that are mutually agreed can be enacted by Ian and DarkDollars signing an amendment agreement. (See later section for termination, including mutually agreed termination.)

SITES COVERED BY THE AGREEMENT

This Agreement covers a series of gothic adult paysites, and related sites. The sites transferred at the time of this Agreement are covered, as well as any sites created by Ian for DarkDollars in the course of this agreement. (Should Ian create any sites other than for DarkDollars, they will not be covered.)

Initial sites are GothicAmateur.com, Blood Dolls (blood-dolls.com), and Gothic Undine (gothicundine.com). (See also Additional Sites, below.)

SITE OWNERSHIP

As part of this Agreement, ownership of the Sites will be transferred from Ian to DarkDollars. Ian will continue as manager of the sites. Should the agreement be terminated, ownership reverts to Ian or a party designated by him.

DOMAINS

Domains associated with the Sites (and related sites) will remain the property of Ian. They will be registered with DarkDollars? contact information, but will revert to Ian at the end of this agreement.

COPYRIGHT AND CONTENT

The sites contain a variety of images and other content created by Ian. Copyright to all such pre-existing content will remain with Ian. Copyright to the sites themselves will be held by DarkDollars for the duration of this agreement, and revert to Ian on termination.

All content created by Ian for the sites (and otherwise)will remain his property, and license will be granted to DarkDollars as part of the Agreement for use on the Sites for the duration of the agreement. This Agreement constitutes a license to publish photographic content on the web, as outlined in further details of the agreement.

All images created by Ian for the Sites during the course of the Agreement will be coved by the same terms. Should this agreement be terminated, license will be revoked. This agreement does not grant license for DarkDollars to use content produced and/or owned by Ian, except for the members ares of the Sites, tours of the sites, and promotion of the sites, all as bound by this agreement.

EMPLOYMENT

DarkDollars will employ Ian as a payrolled employee. He will be paid a base salary, plus commission on sales made at his sites. (These are explained in further detail elsewhere.) DarkDollars will attempt to obtain Ian a ?sole representative? work Visa to enable him to stay more flexibly in the UK. If such a Visa cannot be obtained, Ian will be employed part-time at his home address (currently in the UK.)

DarkDollars will employ Ian by the beginning of 2003, and if possible obtain a work Visa for him by the same deadline. If they are not able to do so, they will continue to try past the deadline until all options are exhausted.

PRE-EMPLOYMENT

Until such a time as employment is fully implemented, after the beginning of this Agreement, DarkDollars will pay the agreed salary (base plus commission) to Ian as a contractor and report these earnings on a 1099 form. Transfer of ownership, hosting, promotion, and all other parts of this agreement (save employment) will be in effect from the date of this Agreement.

SALARY AND COMMISSION

As part of this Agreement, Ian will be paid a salary by DarkDollars. Salary will be determined by base pay plus commissions for sales to the Sites, as well as for revenue from links from the Sites. The base pay will be $150 per week.

Commission will be determined as follows: For each sale made to one of the Sites, the revenue will be split evenly between DarkDollars and Ian. In some cases, a percentage commission will be paid to a referring affiliate (from 50-66.7%). A further percentage (at the time of the agreement, 12.5%) is taken by the third party billing company.

The remainder of each sale will be split evenly between DarkDollars and Ian. (Extrapolating from this formula, Ian will be paid between 10.5% and 19% for each sale referred by an affiliate, and 43.75% of each non-affiliate sale.) This includes all sales made to the site, including sales generated due to promotion by either party.

Payment will be made by DarkDollars payroll per standard policies. Payment of commissions will be delayed by biller turnover, each period?s salary being paid based on a previous period?s sales. Commissions will be paid in the first pay period after they are received from the biller. Salary will be paid no less than once a month.

OUTGOING LINK INCOME

All income generated by outgoing links from the Sites (such as affiliate program links) will be split evenly between DarkDollars and Ian. Such revenue will be paid to DarkDollars, and Ian?s portion will be paid as an additional component of his commission.

Sales generated from traffic sent to other DarkDollars sites will not generate a commission for Ian.

(See also, ?Outgoing Links?, below.)

MAINTENANCE

Ian will be responsible for the maintenance of the Sites. This will include updating their member areas and providing primary content. As part of the agreement, DarkDollars may be responsible for creating new preview areas to increase sales. Ian will maintain those areas, or existing preview areas, as well.

CREATIVE CONTROL

In order to maintain the good name and reputation of the sites, and himself, Ian will have complete creative control over the websites. All creative decisions will be his final call. However, DarkDollars will have authority over promotion and productivity issues, especially concerning preview areas and additional (non-primary) content for member areas.

In the case of a dispute, the parties will attempt to come to an agreement. Final authority over the free areas of the Sites falls with DarkDollars, while final authority over the member areas of the Sites, and all parts of related sites, lies with Ian.

Both parties agree to an ?if it isn? broke, don?t fix it? philosophy, allowing the sites to be improved but not drastically changed in direction and strategy. Pricing will be decided between the parties in order to maximize productivity. The sites may be used to direct traffic towards other DarkDollars sites, but it will be done in a way that is not overly obtrusive, avoiding excessive pop-ups and so-forth.

Both parties agree to work to ensure the optimal reputation and productivity of the sites. As such, both Parties will have right of review of basic policies, in order to ensure the site?s reputation and productivity are not harmed. No party will take any action that directly contradicts this goal. The free preview areas of the sites will honestly reflect the content of the member areas, and emphasis will be placed on the primary content.

OUTGOING LINKS

As part of control of productivity, DarkDollars will regulate links from the Sites. Final decision of outgoing links will be theirs, except as governed by this agreement.

As part of maintenance/control of the member area, Ian will have the choice to feature guest galleries, and otherwise link to other sites. Links from within the member area will be at his discretion, within reason.

Ian will be allowed to ensure that links to all members of the ?QE: Quality Erotica? and ?Gothic Sex Network? coalitions, as well as the coalition sites themselves, can be given prominent placement on all Sites. DarkDollars may, however, regulate the exact location and details of such links.

(See also, ?Outgoing Link Income?, above.)

ADDITIONAL CONTENT

DarkDollars will provide additional content for the Sites. This content will include a very large collection of mainstream adult images (possibly from a third party), as well as a considerable collection of dark or gothic niche adult images from other DarkDollars sites and related ventures.

Emphasis will be on the primary content. Promotion of secondary content will be auxiliary, as will its placement in the member area.

01-19-2003, 08:16 PM
gothweb Confirmed User Join Date: Jun 2002 Location: Back in the USSA Posts: 8,849	Normally, I wouldn't post an entire contract. However, Jim did say he would be happy to were it not so long, so what the hell... Website Ownership and Employment Agreement PARTIES The Parties to this Agreement are Ian C. [Last name removed] (hereafter, ?Ian?), [LLC name removed]dba DarkDollars (hereafter, ?DarkDollars. This agreement binds the Parties as outlined below. ALTERATIONS AND AMMENDMENTS The Parties may agree to alter or amend this agreement. Any changes that are mutually agreed can be enacted by Ian and DarkDollars signing an amendment agreement. (See later section for termination, including mutually agreed termination.) SITES COVERED BY THE AGREEMENT This Agreement covers a series of gothic adult paysites, and related sites. The sites transferred at the time of this Agreement are covered, as well as any sites created by Ian for DarkDollars in the course of this agreement. (Should Ian create any sites other than for DarkDollars, they will not be covered.) Initial sites are GothicAmateur.com, Blood Dolls (blood-dolls.com), and Gothic Undine (gothicundine.com). (See also Additional Sites, below.) SITE OWNERSHIP As part of this Agreement, ownership of the Sites will be transferred from Ian to DarkDollars. Ian will continue as manager of the sites. Should the agreement be terminated, ownership reverts to Ian or a party designated by him. DOMAINS Domains associated with the Sites (and related sites) will remain the property of Ian. They will be registered with DarkDollars? contact information, but will revert to Ian at the end of this agreement. COPYRIGHT AND CONTENT The sites contain a variety of images and other content created by Ian. Copyright to all such pre-existing content will remain with Ian. Copyright to the sites themselves will be held by DarkDollars for the duration of this agreement, and revert to Ian on termination. All content created by Ian for the sites (and otherwise)will remain his property, and license will be granted to DarkDollars as part of the Agreement for use on the Sites for the duration of the agreement. This Agreement constitutes a license to publish photographic content on the web, as outlined in further details of the agreement. All images created by Ian for the Sites during the course of the Agreement will be coved by the same terms. Should this agreement be terminated, license will be revoked. This agreement does not grant license for DarkDollars to use content produced and/or owned by Ian, except for the members ares of the Sites, tours of the sites, and promotion of the sites, all as bound by this agreement. EMPLOYMENT DarkDollars will employ Ian as a payrolled employee. He will be paid a base salary, plus commission on sales made at his sites. (These are explained in further detail elsewhere.) DarkDollars will attempt to obtain Ian a ?sole representative? work Visa to enable him to stay more flexibly in the UK. If such a Visa cannot be obtained, Ian will be employed part-time at his home address (currently in the UK.) DarkDollars will employ Ian by the beginning of 2003, and if possible obtain a work Visa for him by the same deadline. If they are not able to do so, they will continue to try past the deadline until all options are exhausted. PRE-EMPLOYMENT Until such a time as employment is fully implemented, after the beginning of this Agreement, DarkDollars will pay the agreed salary (base plus commission) to Ian as a contractor and report these earnings on a 1099 form. Transfer of ownership, hosting, promotion, and all other parts of this agreement (save employment) will be in effect from the date of this Agreement. SALARY AND COMMISSION As part of this Agreement, Ian will be paid a salary by DarkDollars. Salary will be determined by base pay plus commissions for sales to the Sites, as well as for revenue from links from the Sites. The base pay will be $150 per week. Commission will be determined as follows: For each sale made to one of the Sites, the revenue will be split evenly between DarkDollars and Ian. In some cases, a percentage commission will be paid to a referring affiliate (from 50-66.7%). A further percentage (at the time of the agreement, 12.5%) is taken by the third party billing company. The remainder of each sale will be split evenly between DarkDollars and Ian. (Extrapolating from this formula, Ian will be paid between 10.5% and 19% for each sale referred by an affiliate, and 43.75% of each non-affiliate sale.) This includes all sales made to the site, including sales generated due to promotion by either party. Payment will be made by DarkDollars payroll per standard policies. Payment of commissions will be delayed by biller turnover, each period?s salary being paid based on a previous period?s sales. Commissions will be paid in the first pay period after they are received from the biller. Salary will be paid no less than once a month. OUTGOING LINK INCOME All income generated by outgoing links from the Sites (such as affiliate program links) will be split evenly between DarkDollars and Ian. Such revenue will be paid to DarkDollars, and Ian?s portion will be paid as an additional component of his commission. Sales generated from traffic sent to other DarkDollars sites will not generate a commission for Ian. (See also, ?Outgoing Links?, below.) MAINTENANCE Ian will be responsible for the maintenance of the Sites. This will include updating their member areas and providing primary content. As part of the agreement, DarkDollars may be responsible for creating new preview areas to increase sales. Ian will maintain those areas, or existing preview areas, as well. CREATIVE CONTROL In order to maintain the good name and reputation of the sites, and himself, Ian will have complete creative control over the websites. All creative decisions will be his final call. However, DarkDollars will have authority over promotion and productivity issues, especially concerning preview areas and additional (non-primary) content for member areas. In the case of a dispute, the parties will attempt to come to an agreement. Final authority over the free areas of the Sites falls with DarkDollars, while final authority over the member areas of the Sites, and all parts of related sites, lies with Ian. Both parties agree to an ?if it isn? broke, don?t fix it? philosophy, allowing the sites to be improved but not drastically changed in direction and strategy. Pricing will be decided between the parties in order to maximize productivity. The sites may be used to direct traffic towards other DarkDollars sites, but it will be done in a way that is not overly obtrusive, avoiding excessive pop-ups and so-forth. Both parties agree to work to ensure the optimal reputation and productivity of the sites. As such, both Parties will have right of review of basic policies, in order to ensure the site?s reputation and productivity are not harmed. No party will take any action that directly contradicts this goal. The free preview areas of the sites will honestly reflect the content of the member areas, and emphasis will be placed on the primary content. OUTGOING LINKS As part of control of productivity, DarkDollars will regulate links from the Sites. Final decision of outgoing links will be theirs, except as governed by this agreement. As part of maintenance/control of the member area, Ian will have the choice to feature guest galleries, and otherwise link to other sites. Links from within the member area will be at his discretion, within reason. Ian will be allowed to ensure that links to all members of the ?QE: Quality Erotica? and ?Gothic Sex Network? coalitions, as well as the coalition sites themselves, can be given prominent placement on all Sites. DarkDollars may, however, regulate the exact location and details of such links. (See also, ?Outgoing Link Income?, above.) ADDITIONAL CONTENT DarkDollars will provide additional content for the Sites. This content will include a very large collection of mainstream adult images (possibly from a third party), as well as a considerable collection of dark or gothic niche adult images from other DarkDollars sites and related ventures. Emphasis will be on the primary content. Promotion of secondary content will be auxiliary, as will its placement in the member area. __________________ Photos by Ian X.: Distinctive photos of goth babes. Blood Money:Your traffic, my sites, our money. MojoHost: Still the best.