Business Conditions for stores and affiliates

Acceptable Use Policy

All content uploaded to the website must comply with this acceptable use policy. All content uploaded to the website will be moderated by the website team and only be approved if the content complies with all rules and content guidelines of this acceptable use policy.

Any violation of this acceptable use policy will result in your content not being published. On major and/or repeat violations, we reserve the right to terminate your account.

Performers visible in the content

The producer has to create a performer profile for each person visible in the content uploaded. All performers must be at least 18 years of age at the day of content production.

For the producer herself/himself, the performer has to be verified with a valid ID document (passport, ID card, driverís license) for age/identity validation.

For all other performers, the performer has to be verified with a valid ID document (passport, ID card, driverís license) for age/identity validation and a model release contract granting the producer the right to publish/sell the content in which the performer is depicted.

Content previews and descriptions

All preview images and descriptive texts must match the content uploaded and must not be deceptive to customers. Preview images may be censored, but must identifiable match the content.

Content guidelines / forbidden actions

The content must not show or summon any of the following:

  • People under the legal age of 18 (neither fake nor real)
  • Non-consensual Sex / Rape (neither fake nor real)
  • Blood (neither fake nor real)
  • Consumption or display of drugs and intoxication (including poppers, cannabis, etc. which may be legal in some countries, but can not be shown)
  • Acts of persons under the influence of drugs
  • Requests or commands to take drugs
  • Sexual acts with animals
  • Acts on sleeping, unconscious and/or hypnotized persons
  • Necrophilia (neither fake nor real)
  • Horror/Snuff (neither fake nor real)
  • Killing of living beings (neither fake nor real)
  • Acts that cause permanent damage
  • Publication of userís personal data
  • Weapons of any kinds (Knives, Guns, Rifles, etc.)
  • Chloroform (neither faker nor real)
  • Deceptive, threatening, fraudulent, harassing, hateful, racist, discriminatory or otherwise harmful activity against a specific person, group of people or organization

Additionally to these rules, we use automated and manual processes to make sure all content is compliant with our rules.

General terms & conditions for stores and affiliates

1. Contract partners, contractual object

The contract partners are High Five online vof, hereafter called PROVIDER and furthermore all store owners, hereafter called STUDIOS and affiliate webmasters, hereafter called AFFILIATES.

2. General conditions between the PROVIDER and the STUDIOS

2.1 Video and photo rights
The STUDIOS give the right to sell the STUDIO'S video and photo content to 3. parties to the PROVIDER. The STUDIO grants the PROVIDER the right to have the content be sold by CIPA Media SLU to the customers. The PROVIDER pays the STUDIO a share of 60% of all sales, if the sale was referred by an AFFILIATE the PROVIDER pays the STUDIO a share of 40%. The payouts are including EU VAT (21%). If the STUDIO resides outside of the European Union or is a company without VAT ID No. or is not represented by a company at all, but a private individual the payout is the net value of 60/40% (e.g. 60 / 1,21 = 49,59% payout, 40 / 1,21 = 33,05%).

The STUDIOS give the rights to use the uploaded preview content or generated preview content to advertise the video and photo content on other websites than YezzClips.com to the PROVIDER. Also the PROVIDER is allowed to give the preview content to AFFILIATES to promote the video and photo content. This approval stays in effect even after the deletion of your own access and / or cancellation or termination of the agreement. All websites are allowed to participate the affiliate program, including websites of the PROVIDER and the STUDIOS.

2.2 Payout of the studio share
The STUDIOS provide their payment information (bank account, cheque adress, etc.) to the PROVIDER. The STUDIOS set a minimum payout value for their store(s). All payouts are calculated at the 1st of each month, the payment will be send out on the 15th of a month at the latest. The PROVIDER pays the sum of all sale-shares to the STUDIO when the account balance reaches the payout minimum at the 1st of each month. If the payout minimum is not reached at the 1st of a month the sum will be payed out as soon as the payout minimum is reached.

The account balance is not paid out if a STUDIO requests the closure of it's account if the payout minimum is not reached.

For all STUDIOS of companies residing in the European Union Invoices/Payout Notices are created automatically, all others will be requested to send an invoice to the PROVIDER. The payout fee for a SEPA wire transfer is 10,00 Euro, for other wire transfers 20,00 Euro and for cheques 30,00 Euro.
For international wires (outside SEPA) the bank fees are splitted between the PROVIDER and the STUDIOS.

2.3 Uploaded Content
All content uploaded by the STUDIO must comply with the Acceptable Use Policy above.

2.4 Copyright infringing
If the STUDIOS upload video and photo content without having the proper rights to sell this content the PROVIDER will terminate the STUDIOS account immediately, remove the copyrighted content and all funds will be restrained. Furthermore a notice to the original copyright owners and/or the responsible prosecution department may be sent by the PROVIDER.

2.5 Clip variations

The STUDIO can add multiple clips featuring the same content but different resolutions and/or video codecs (e.g. 1280x720 WMV + 640x360 MOV), but a maximum number of 2 clips featuring the same content. If the STUDIO uploads assortments of multiple clips, the assortment counts 1 for each clip in the assortment and effects the limitation (e.g. 1 clips and this clip in 1 assortment = limit reached). The PROVIDER reserves its right to deactivate clips without further notification if the limitation is breached.

2.6 Account termination

The STUDIO can request a closure of it's account at any time. The PROVIDER may - without giving any reasons - at any time and at its sole discretion close STUDIO accounts. The remaining account balance will then be paid out in the next payment cycle.

2.7 Closing of inactive accounts

The PROVIDER may close inactive STUDIOS (no logins or sales in over 2 years) without further notice.

3.General conditions between the PROVIDER and the AFFILIATES

3.1 Video/Photo/Advertisement rights
The AFFILIATES are allowed to promote the website using all content listet in the "Promo Tools" section of the administration and are further allowed to use the preview content of the site to promote.

3.2 Affiliate's sales share
When a customer referred by the AFFILIATE buys at YezzClips.com the AFFILIATE gets 20% of the order's gross value added to his account balance. The email adress of the customer is assigned to the customer and the AFFILIATE will be credited for all future sales.

3.3 Advertising sites
All websites are allowed to promote YezzClips.com as long as they don't have illegal content on the website or infringe copyrights in any way.

3.4 Payout of the affiliates share
The AFFILIATES provide their payment information (bank account, cheque adress, etc.) to the PROVIDER. The AFFILIATES set a minimum payout value for their account. All payouts are calculated at the 1st of each month, the payment will be send out on the 15th of a month at the latest. The PROVIDER pays the sum of all sale-shares to the AFFILIATES when the account balance reaches the payout minimum at the 1st of each month.
For international wires (outside SEPA) the bank fees are splitted between the PROVIDER and the AFFILIATES.

3.5 Fraudulent activities
If the AFFILIATE uses fraudulent techniques such as cookie stuffing, advertising in missleading way (e.g. "Sign up for 1 Euro and download all videos on the site"), using copyright protected content without proper usage right to advertise or any other techniques considered illegal and/or missleading his account can be terminated and all funds will be restrained.

4. Changes

The PROVIDER reserves the right to change these General Terms and Conditions of Business in the future.

5. Separability clause

5.1
If a stipulation of this contract is or becomes wholly or partially ineffective or infeasible, the parties promise to replace the ineffective or infeasible stipulation with other effective or feasible stipulations that, in their economic effect, come so close to the ineffective or infeasible stipulation that it can reasonably be assumed that the parties would also have signed the contract with this stipulation.

5.2
The ineffectiveness of individual stipulations does not affect the remaining stipulations or the effectiveness of the entire contract.

6. Applicable law, jurisdiction

6.1
This agreement and all obligations resulting from it are subject to the substantive and procedural law of the PROVIDERS COUNTRY.

6.2
Exclusive jurisdiction for all actions arising from or in connection with this contract is Ė if legally permissible Ė the headquarter of the PROVIDER.