Project Revenue's new policy regarding free content and 2257
 

This notice was just sent out to all of our affilaites. (Both of them....LOL)

Dear Affiliates;
After extended talks with our legal counsel we have decided to change our terms and conditions for use of promotional content, in order to keep all of you compliant with the new 2257 regulations.

Effective June 22, 2005, use of any of our hardcore or "sexually explicit" content is not authorized. The implied license you have been given for use of this content will be rescinded on this date.

We will not be sending out 2257 documentation to our affiliates and we feel that the easiest way for everyone to be in compliance is to only use softcore content.

While I would like to give you a link to a zip file that has every picture and movie that is acceptable for affiliate use, we don't have one ready yet.

Since time is running out and I know a lot of you are scrambling to get your sites into compliance I will be issuing temporary members area passwords so that you can download replacement content as soon as possible (email support at projectrevenue.com if you need a password).

Here is a detailed explanation of what type of content is acceptable for use.

Tits and ass shots are ok. "Lewd exhibition of the genitals" is also ok, this does not fall under the definition of sexually explicit conduct as defined in 18 USC section 2257.

Masturbation is NOT ok. Even though this is still considered softcore by many in our industry, it is considered sexually explicit conduct as defined by 18 USC section 2257.

Basically what this means is that a close up pussy shot is fine, as long as the model is not touching her pussy with her hand or a sex toy (and no other person is touching her).
Do not use any images that have sex toys in them, regardless of whether or not the toy is being inserted.

If you have any other questions about what is and is not acceptable, please contact us.

No changes are being made to our hosted galleries, however iframing the galleries or hotlinking the content from them is not allowed.

All of our current promotional materials (banners, fpa's etc) are already softcore so no changes need to be made regarding those materials.

We apologize for any inconvenience this may cause you.

Regards,
Lenny Kutz
ProjectRevenue.com

Cool :thumbsup

Good move to protect your business

Nice position on this. Getting people access to replacement content is great!

I got the email. Sucks, because the hardcore content was the ones that got me my signups.

I agree that it does suck, the DOJ is taking a nice chunk out of all our asses on this one.

So is POTD considered hotlinking?

We don't have POTD.

And if we did add it later, you don't hotlink POTD's, you link to the page that contains the pic.

The thinning of the herd begins.

damn that sure was a good reading

weak & sad

what about all the hard core galleries and promo content affiliates previously used? will they be covered for that?

great move !
still looking for non american sponsors that do not give a fuck about 2257
will take your galleries down, np
edit ........ never used your program sorry

As I said our hosted galleries are not affected at all by this.

As for content you have used previously we are giving you notice now that you need to change it out with softcore content.

Our program has only been open for a few months, so we don't have any affiliates with hundreds or thousands of galleries floating around out there.....this was one of the factors that led us to make this decision.

holy crap. this 2257 thing is an out-of-control freight train heading right toward affiliates and they don't even see it.

Well now is a good time to start :winkwink:

Our hosted galleries click ass :thumbsup

Damn.......

Ah there you are :) And dont accuse me of stalking you, :):)

Hi Dopeman!

Are you going make this a rule accross the board.... ie. are non US webmasters going to have to comply as well?

i can't believe affiliates aren't asking hard questions. nobody is paying attention.

Does this apply to all webmasters or only those located inside the USA? The rest of us aren't restricted by 2257.

Well non US webmasters don't have to comply with 2257, but if they want to be a part of our program then they do have to follow our rules regarding promotional content.

So yes, what content you are allowed to use is a rule "across the board"

I am. Just waiting to see where it goes. Some sponsors are telling me the have a way around it.

Interesting.... are you saying that because thats how you interpret the 2257 laws, because its just easier that way or because you think "its only fair"?

Im not flaming BTW- you can make any rules you like after all... but Im interested in the different reasons different sponsors have for making a particular decision on this issue.

I'm not sure I follow what you're asking me.....about how I interpret the laws?

I will say this....if someone wanted to promote us using their own hardcore content that they have purchased I have no problem with that whatsoever.

One reason I can see why sponsors could be making this across the board.
If the sponsor is US based yet they allow non US companies to promote and sell their program using tactics that are illegal in the US that sponsor could get into a conspiracy charge and then the magic RICO word comes into play.

Well that's a little too far out there.....but think about it......it's simply not fair to give preferential treatment to an affiliate based on their geographic location.

This is really what I am trying to work out. Are they saying non US webmasters have to comply by law (the law as it affects them, not the affiliate) or are they saying it because its easier than having 2 sets of rules.


The 3rd option is that they think that it would be unfare for non US affiliates to have an advantage. Seriously messed up if that is the case.

I think he's asking, are you making it a rule across the board because it's easier and/or only fair to Americans, or are you making it a rule for international webmasters because that is how you've interpreted the law.

In other words, could you still offer hardcore content for non-American webmasters if you wanted to.

Nice to see someone post specific definitions of what is and what is not covered by 2257.

You're not going to get many new affiliates now...

:(

Actually I just had a couple of new ones sign up in the last hour :1orglaugh


Honestly if we lost all our affiliates we would still be just fine.
That's not to say that we don't appreciate our affiliates and the traffic they send us, and that we don't go out of our way to help them make money.....but we're certainly not going to starve to death if they all stopped sending traffic.

Actually most programs that offer POTD also offer a hotlinkable thumb. This is probably more used than just the text to the POTD.

That will only last until you get more and more affiliates and your FHGs become saturated.
The content I purchase is used to promote PPS programs where I can get $40+. No way in hell would I spend money on content to only promote a revshare. Not an effective ROI in my opinion.

I think you have a good product there (actually, I think it could be a GREAT product)... Just not sure I want to promote it now... Well.. maybe no more than just dumping FHGs into a database.

You gotta love 2257, :thumbsup!!...

I think you have it completely backwards, I'm sure a lot of US affiliates are looking for sponsors who are on top of this thing. If I was based in the US I'd be replacing other company's links with links for projectrevenue.com for sure. :thumbsup

I understand how you feel about the purchased content, I was just throwing that out there. We all have to do what's best for our business in both the short and long term.

As for the free hosted galleries becoming saturated, there's no limit to the amount of galleries we can build.

I didn't read it, but it sure looked like a sexy announcement. May I rub your announcement's nipples in a non-lascivious way?

The beauty of boobs is you don't need pink to sell boobs. :thumbsup Lenny!

Hello,

These parts of your statement I would question...

Tits and ass shots are ok. "Lewd exhibition of the genitals" is also ok, this does not fall under the definition of sexually explicit conduct as defined in 18 USC section 2257.

Basically what this means is that a close up pussy shot is fine, as long as the model is not touching her pussy with her hand or a sex toy (and no other person is touching her).

Just my 2 cents...

:1orglaugh :winkwink: :1orglaugh

That's fine to question them. Please consult an attorney who specializes in our industry and ask him or her if what I said is correct.

I made this statement after asking my attorney several very specific questions, I left no room for ambiguity.

Only if I can have a copy of the super secret pictures that you're holding for ransom :winkwink:

I would bet 4 out of 5 lawyers would disagree with your lawyer... I know mine does...

Well a plain text reading of the law will give you the same conclusion that we came to.



(1) the term "actual sexually explicit conduct" means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 2256 of this title;

Now we'll look at paragraph 2 of section 2256

(2) ?sexually explicit conduct? means actual or simulated?
(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person;


Notice that (E) lascivious exhibition of the genitals or pubic area of any person; is excluded from the term actually sexually explicit conduct in section 2257.
2257 specifically states that only (A) through (D) are used to determine what sexually explicit conduct is.
Whether they omitted (E) on accident or on purpose, it doesn't matter, they excluded (E)lasivious exhibition of the genitals or pubic area.....therefore those depictions are not subject to 2257 record keeping requirements.

I can draw it out on a flow chart or something if you like :winkwink:

Lenny2, I know this decison was probably a pretty tough one to make. ( or easy if your lawyer said DO THIS!) Not only do I support your decision on an ethical level, I thin biz wise you can easily promote BIG TITS without having to put yourself, your models , or you affilaites in an area that is "grey" in anyway.

Good work, and the next time I trip across Big Tit traffic, i'll be sending it your way.

I appreciate that.

Our niche and the amount of time we've been accepting affiliate traffic were two big factors in our decision. We took the route that would be the easiest for us and for our affiliates to be in compliance.

We really have no opinion whatsoever on whether or not a program should release their docs to affiliates. Some will, some won't, and that's just the way it is.
Everyone needs to do what's best for their business, and what's best for my business may not be what's best for someone else's.
Such is life.

:2 cents:

My goodness, quite the pervert you are! Tsk tsk!

Why? Considering MANY sponsors are going this way. So much for 2257 not effecting Euros. Once again how many American affiliates are they going to lose if they had 2 sets of rules? Besides I didn't see where he said affiliates couldn't use hardcore content just not HIS hardcore content. So the onyl difference is that you have to PAY for your content now.

why? are you saying affiliates can't sell a site just because they can't give away hardcore?