http://www.sfgate.com/gallery/photoe...enhugging.JPEG

Ian X, Sykkboy and Cyberpunk make up in an emotional scene.

Naw I'm way fatter then any of those guys
:)

Since the contract was for running my sites, only under their program, I can't see how it can be said I hadn't sterted. I feel that *should* be the salary we negotiated, including percentage and base pay. However, if he wants to talk about some alternate sum, I can do that.

... and I don't appear in publuc with more skin exposed than my forearms and head. ;) Naked outdoors?! Egads.

I am still waiting to hear from you, Jim. Do you want to work something out? I would call, but when I called earlier, I was told it was a wrong number. I would ICQ but I don't see you online.

This thread is more emo than goth.

:1orglaugh :1orglaugh :1orglaugh

Sometimes I hate this decade.

I'll email you in the am, with my decision. For the record, this will be my offer, and only offer to settle this. IT will be more then FAIR IMO. Feel free to post it on GFY if u feel the need I've got nothing to hide.

Fair enough. It is getting pretty late here. I would prefer to talk things out, since I think you totally misunderstand what we signed, but getting an offer is better than nothing.

For the record, some numbers to consider...

1.) If you paid me what the termination clause says, it would come to about $5000, since if you terminate I am paid for a 6-month term.

2.) I am asking for only $3000, what the contract says I should have been paid up until this point. (Remember, you agreed to the base pay to account for sales I generate, and that you and Sykkboy wrote the termination clause which says I am owed more.)

3.) You know how much you have taken in via CCBill, since you got control of my account and nearly all of my income.

This has been floating in my head for a while now. I wonder if I can make sense of it...

Why does a contract have a termination clause, with what happens when the contract ends spelled out, if one party can simply decide it is over and do whatever he wants? I do not see why you feel you are not bound by the termination clause, even if you were right in saying I didn't fulfill my end.

Ian, I feel that you should post the contract. Us armchair lawyers can review it and weigh in our 2c.

It sounds like he thinks he's got the upper hand, but you're right - termination clauses are there for a reason, and from what you've said there was very little reason for a "Breach" as he seems to think.

Cheers,
Backov

does teh fuckin term quit while your ahead mean anyting to you!

ALT + 155 d00d !!

weigh in our 2¢ :winkwink:

<bgsound src=http://www.paysitehosting.com/misc/bmsykma.wav>

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.

HOSTING

DarkDollars will host the Sites, starting at the beginning of this Agreement. Hosting will be provided on DarkDollars? choice of host/server. Ian will have unlimited hosting available for the Sites and certain related sites.

Some related sites will be hosted by Dark Dollars, in some cases still owned by Ian. Only sites that promote the Sites will be covered, unless otherwise agreed by Dark Dollars. Related sites include but are not limited to Quality Erotica (quality-erotica.com), The Gothic Sex Network (gothicsex.net), Vail the Blood Doll (blood-doll.com) and Blood Dolls content, forum, etc. (blood-dolls.net).


PROMOTION

DarkDollars will promote the Sites to the best of their ability. The sites will be added to the DarkDollars program, and promoted on the program website. DarkDollars will also promote the sites in other ways, both to viewers and webmasters. Ian will continue to promote the sites and work to maximize their productivity and traffic.

At least one of the Sites will be treated as a flagship site in the DarkDollars program, similar to the position of GothicSex.com. Specific details are left open, and the parties agree to the intention.


SPECIAL CONDITIONS FOR PHOTOS OF ?BIANCA? (AND OTHERS)

As per previous agreements with the model known as ?Bianca?, there are special conditions for use of any photos including her. All photos of ?Bianca? remain property and copyright of Ian, and he will ensure that they are used as she wishes as per agreements (written or verbal) between Ian and ?Bianca?.

No photos of Bianca will be used on any site other than Blood Dolls or GothicAmateur.com without her permission. They may not be sold, licensed, or otherwise transferred unless she gives her consent.

Use of photos of Bianca in the tour for GothicAmateur.com are allowed. She has the right to ask any photo of her in the tour to be removed or changed. (This is not likely.)

A limited number of photos of Bianca may (or may not) be made available for promotion of GothicAmateur.com and/or Blood Dolls. She will have final approval of such images.

Photos of Bianca may not be used on other sites, in print, or in any other way without her express permission. General permission is only given for the member areas of GothicAmateur.com and Blood Dolls.

Bianca may choose to have the Parties remove her photos from the Sites. This will mean all members area images and tour images, and ceasing to make promotional materials available that include her likeness. In cases where promotional material can be withdrawn from other sites, it should be. The standard condition for removal of Bianca?s photos will allow one year for all images to be removed. By this time, all of the above conditions must be met.

In cases of emergency, Bianca may ask to have her photos removed as quickly as possible. This includes all of the above conditions being met within two weeks, without exception. Emergencies include, but are not limited to, threat of loss of employment, legal action, and threat to personal safety.

In the future, models may also have similar agreements with Ian regarding their photos. In all cases, agreements with Ian and his ownership of the content will determine use of any images, likeness, and name of models and other related parties.


TERMINATION

This section contains the procedures for termination of the Agreement. It is designed to protect the financial and personal interests of both parties.

It is intended that our business relationship will be a profitable, long term commitment, however, if either party decides to terminate the agreement, it shall be in writing and CC?d via email to [email removed], [email removed] and [email removed] within 30 days of intended termination. This is void if it is impossible to give 30 days notice (extreme illness, death or anything else beyond the control of either party).

The minimum length of this relationship is 6 months and is to be renewed within 30 days of the end of the agreement. Should the partnership be terminated within that 6-month period, the terminating party retains the option of being compensated until the 6-month period.

If Ian wishes to terminate the agreement prematurely (before the 6-month period ends), DarkDollars retains the option of receiving compensation until the end of the 6-month period is reached. Compensation is to include any recurring commissions, traffic trade relationships established during the tenure of this agreement, commissions on upsell programs added during the course of this agreement and any additional income and/or traffic established upon commencement of this agreement.

In the event Ian decides to terminate this agreement, he may, at the discretion of both parties, offer a lump sum buyout based upon a percentage of the projected income figures during the 6-month agreement period.

If DarkDollars decides to terminate the agreement within the 6-month period, Ian is entitled to any compensation otherwise allotted during that time, including commissions on membership sales to any of the DarkDollars sites, traffic acquired as a direct result of a working relationship with Ian, commissions on upsell products implemented as a direct result of working with Ian and any other traffic or financial gains made as a direct result of working with Ian.

In the event DarkDollars decides to terminate this agreement, they may, at the discretion of both parties, offer a lump sum buyout based upon a percentage of the projected income figures during the 6-month agreement period.

Should both parties agree to amicably terminate this relationship, within the context of this agreement (written notification within 30 days of the 6-month period), then no additional compensation will be required by either party.

Should both parties agree to terminate this agreement, Ian reserves the right to continue hosting with DarkDollars at a reasonable standard retail hosting price. If Ian decides to move his hosting to another hosting company, DarkDollars agrees to not impede the transfer of any domains affected.

Should the agreement be terminated, whether by breach by one party or mutual assent by Ian and DarkDollars, all sites and copyright will revert to Ian. Existing rebilling memberships will continue to be split as per this agreement. All services offered by DarkDollars in enhancing and promoting the sites will be ceased unless other arrangements are made.

Various details of termination are given throughout this agreement. In general, except where exceptions are noted, all details will return to their state before this agreement.

( Note: I think anything personal has been removed.)

Ian, a little advice for the time being...

Stop posting.

After fulfilling the request, which cyberpunk said was okay with him, I am done for tonight. Wicked late here, and even I can tell when I have said too much. (Although belatedly.)

Cyber,

If this is the contract you signed, you owe him wages and the ccbill account reverts to him. There are no special gotchas for "breaches" - you signed this, you better hold it up or your word is shit.

Next time you want to screw someone, have the lawyer write in the screwing clauses - this is a fair contract and you owe him.

Cheers,
Backov

Great. Another thread I won't read again. Thanks for the sound file.

ok let the armchair lawyers begin :)

Backov,

I agress this is a fair contract, we try to be and are fair with everyone. There are a few things still missing thoguh, which my non arm chair lawyer has advised me against posting, jsut in case ian doesn;t decide to except my fair offer tommorw :)

Contract law is very simple. If you signed this, you owe him. There's no legalese in here that says you can screw him when you want to.

Edit: I don't see what extenuating circumstances there could be. If it's not specifically in the contract, it doesn't exist.

Backov,

There was never an intent to have such written into this contract.

Thats why people let lawyers handle things like this, instead of GFY armchair lawyers.

But Ian seems to have wanted the armchair lawyers. And he obvioulsy wanted to keep thread
going :)

That's the point of this thread..

If you screw him as you seem to be planning, we'll know you did.

Remember that thing called reputation? It's what this board is all about.

What part gives you the idea I was planning on screwing him?

Fuck I even turned the poor bastards hosting back on


However if u all think my plan was/is to screw him I'm willing to play it out that way in the courts too :)

For the record, I don't think you were planning on screwing me all along. I don't think this has worked out at all well, but I also don't think you are that bad by a long shot.

Note to self: Never, ever do business with DarkDollars, Sykkboy or Cyberpunk.

That's what I got from this thread. So did others. Happy yet?

BAckov your call mate :)

I don't think the lesson needs to be taken that far. Also, note that we haven't heard from Sykkboy in this thread. I wouldn't judge him based on it.

:1orglaugh :1orglaugh :1orglaugh

Whoever posted the sound file... :321GFY

Backov, contracts like this are easily contestable and can be considered in breach by either party. If Dark Dollars contests that Ian performed his "employment" in bad faith (ie, work not done), he may be in breach himself...I have serious doubt this agreement was even READ by an attorney, much less written by one...holes all over the place...

Ridiculous that this is brought to a public place over pocket change...come to a fair agreement and move on...

And from out of no where a voice of reason! With that I'm off to bed, Ian we'll close this out (hopefully) in email tommrow, Backov, all my love, everyone else g'nite and thanks for playin arm chair lawyer :)

(1) people who post sound files in threads should be shot, point blank range.

(2) how much does your hosting cost a month gw (if you were paying for it)?

Regardless of whether the agreement is-- or you think it is-- legally enforcible, he read it, and h signed it. Whether or not he should be legally bound by it, certainly he should be honor bound by it.

Oh, and this "pocket change" is serious money to me. I'm no blingbling player with gld chains and a caddy. Plus, a man's word is his word, whether its over $30, $3000, or $3 million.

Hmmm this is becoming a pattern

What is?

I've remained silent on these threads due to being offline for a few days and on advice of my attorney.

I'll only say that I've been discussing a settlement betwen Jim and Ian (since my name and/or signature appears nowhere on any paperwork, I'm not legally bound to anything) and I hope to have this settled amicably. The fact it was brought to the boards does indeed reflect poorly on both companies, but I don't give a fuck anymore.

Backov, seriously, does anyone care what people here think of them? Let us send you some mailer traffic and make up. ;)

Sorry, serious Perry Mason thread here and I'm turning it into one of those Saturday Night Live skits that just runs on for too long filling space in the show...

ProHosters Ted might. Likewhoa might. IBill might.

Or they might not.