Before the Affiliate’s account can be established or Affiliate’s transaction can be
completed, Affiliate must read and agree to these Terms and Conditions ("Agreement"). By applying for services from this website, Affiliate consents to these terms and conditions and consents to be legally bound by them. This Agreement is subject to change at any time. Changes are effective when posted on this site without notice to each Affiliate.

Preamble
This Agreement is between the Affiliate and MadCheddar so that Affiliate may acquire
specific Services required to advertise Associated Websites on third-party websites, track and record data on users’ engagement with those advertisements, and for consideration thereto.

Definitions
“MadCheddar” or “Site” shall mean the website https://www.madcheddar.com/.
 

“Associated Website(s)” shall mean those third-party websites Affiliate seeks to advertise using MadCheddar’s service which include, but are not limited to, Blacked.com, BlackedRaw.com, Deeper.com, Slayed.com. Tushy.com, TushyRaw.com, and Vixen.com.

 

“Affiliate” shall mean the party who has made an account for Services offered by MadCheddar as well as the holder of a valid username and password for the Site.

“Services” shall mean those services specifically offered by MadCheddar according to
the Terms of the Agreement.

Description of Services
MadCheddar shall provide to the Affiliate advertising materials as part of its Services,
including, but not limited to, banners, photographic materials, recordings, video, sound, and any other form of intellectual property. MadCheddar shall also track the performance of advertising materials and send the Affiliate a commission based on the performance.

Reservation of Intellectual Property
Affiliate acknowledges that nothing in this Agreement conveys any transfer or license of
any of MadCheddar’s or the Associated Websites’ intellectual property. For purposes of this Agreement, the term "intellectual property" is defined as all inventions, developments, discoveries, improvements, designs, creative content, trademarks, or copyrights which relate to the business of the MadCheddar or any of the Associated Websites, whether or not patentable or reduced to practice, which are made, conceived or discovered by Affiliate, alone or with others. The intellectual property provided to you by MadCheddar shall not be copied, reproduced, altered, modified, changed, distributed, transmitted, sold, or offered for sale in any manner, at any time anywhere in the world unless authorized by MadCheddar in writing.

No Joint Venture
The parties acknowledge and agree that the relationship between MadCheddar and
Affiliate is that of independent contractors and not that of employer and employee. Nothing in this Agreement is intended to create or will be deemed to create or constitute a joint venture or partnership between MadCheddar and the Affiliate. The Affiliate shall have no right to use of the MadCheddar (or Associated Websites’) name or the names of any of its parents, subsidiaries, affiliates or successors (if any) and/or creative endeavours, except when acting within the scope of the Services for the benefit of MadCheddar.

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Affiliate’s Representations and Warranties
Affiliate must be at least 18 years of age to utilize the Site’s Services, or of legal age to
view pornographic material set forth by the Affiliate’s relevant jurisdiction.

Affiliate has read and understands the Site’s Privacy Policy.
Affiliate also warrants not to engage in any of the following activities, the violation of
which may result in immediate termination of Affiliate’s account and forfeiture of all funds.

Affiliate shall not accrue a high number of chargebacks or refunds on their account.
Affiliate shall not spam their account.
Affiliate shall not use MadCheddar advertising materials to link to any site outside of the
MadCheddar Associated Websites.
Affiliate shall not edit or use MadCheddar’s advertising materials, and will only use those
materials in the manner in form in which they are provided by MadCheddar.
Affiliate shall not use Affiliate’s (nor other third-party) materials–including images and
videos–to advertise MadCheddar’s Associated Websites. For the avoidance of doubt,
Affiliate may ONLY use the advertising materials provided by MadCheddar and no
others.

Categorically, Affiliate shall not send traffic from any site containing child pornography,
or any material depicting bestiality, rape, or torture, or any other material that may be illegal in the United States or any other material that the Site may deem objectionable; and, Affiliate should only send traffic from sites that have valid 18 USC 2257 record keeping compliance statements on its websites. Further, Affiliate shall not use MadCheddar’s promotional materials in any manner that depicts models as underage, or use the promotional material in any manner that could be interpreted to depict, promote, or affiliate with sexual abuse, human trafficking, or non-consensual participation. All of the following determinations shall be made at MadCheddar’s sole discretion.

In the event that MadCheddar determines that Affiliate has violated any of the above warranties, MadCheddar may terminate the Affiliate’s account, cancel all payments, and report the violation to the proper authorities.

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Billing/Payment
Checks, Wires, or Paxum for the pay period from the 1st to the 15th are sent after 30 days of period closing date. Checks, Wires, or Paxum for the pay period from the 16th to
end-of-month are sent after 30 days of period closing date. Minimum payouts for checks are $50. Minimum Payouts for Paxum are $50. Minimum Payouts for Wires are $1500.

Cancellation
At any time, and without cause (or for cause described above), the Affiliate’s account may be terminated by either the Site, or the Affiliate upon notification of the other by electronic or conventional mail, by chat, or by telephone.

Disclaimer
Affiliate understands that the Site cannot and does not guarantee or warrant that its
Services will be free of viruses, worms, trojan horses or other code that may manifest
contaminating or destructive properties. Affiliate is responsible for implementing sufficient procedures and checkpoints to satisfy the particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. MadCheddar does not assume any responsibility or risk for Affiliate’s use of its Services or the Internet. However, in the event MadCheddar learns of such a breach, it will notify the Affiliate so that they can take the necessary precautions.

Affiliate’s use of the Site and its Services is at their own risk and the content is provided
“as is” - without warranties of any kind, either expressed or implied. MadCheddar disclaims all warranties including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. MadCheddar does not warrant that the functions or content contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. MadCheddar does not warrant or make any representation regarding use, or the result of use, of the Services in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and the Site may make changes or improvements at any time. MadCheddar does not warrant or make any representations regarding the appropriateness of the Services for use in all countries, states, provinces, county or any other jurisdictions. If the Affiliate chooses to access the Site, the Affiliate does so at their own risk, and subject to the laws in their own jurisdiction. The Affiliate is responsible for compliance with all applicable laws.

Limitation of Liability
IN NO EVENT WILL MADCHEDDAR BE LIABLE TO AFFILIATE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES WHATSOEVER, WHETHER UNDER CONTRACT, TORT OR OTHERWISE,
REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER
OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL MADCHEDDAR’S LIABILITY ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID
BY MADCHEDDAR TO THE AFFILIATE FOR THOSE SERVICES RENDERED UNDER
THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THE LIMITATION OF
LIABILITY IN THIS SECTION AND THE ALLOCATION OF RISK IT IMPLEMENTS IS
AN ESSENTIAL ELEMENT OF THE BARGAIN AGREED TO BY THE PARTIES,
WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO THIS
AGREEMENT.

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Indemnification
The Affiliate hereby agrees to indemnify and hold harmless MadCheddar, its affiliates,
shareholders, officers, and employees against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred by the Affiliate in connection with the Affiliate’s use of the Services.

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Arbitration
Any controversy, dispute or claim between the Affiliate or its officers, agents or other
employees, on the one hand, and MadCheddar, or its officers, agents or employees, on the other hand, (“Claims”) shall be settled by binding arbitration at the request of either party. Claims shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act (“FAA”), in conformity with the procedures of the California Arbitration Act to the extent such procedures do not conflict with the FAA. Arbitration shall be the exclusive method for resolving any dispute; provided, however, that either party may request equitable relief, including but not limited to injunctive relief, from a court of competent jurisdiction, as provided in California Code of Civil Procedure section 1281.8. The parties expressly agree to waive any right to bring or participate in a class, collective, or representative action based on Claims arising
from this Agreement unless such class, collective, or representative claims cannot be waived according to applicable law.

The parties will select an arbitrator by mutual agreement. If the parties are unable to
agree on a neutral arbitrator, either party may elect to obtain a list of arbitrators from the Judicial Arbitration and Mediation Service (“JAMS”), or the Alternative Dispute Resolution (“ADR”), or any other reputable dispute resolution organization. The parties will alternately strike names from the list, with Lender striking the first name, until only one name remains. The remaining person shall be the arbitrator. The rules for both JAMS and ADR can be found online at http://www.jamsadr.com/ and http://www.adrservices.org/.

 

The demand for arbitration must be in writing and must be made by the aggrieved party within the statute of limitations period provided under applicable state law for the particular claim. Failure to make a written demand within the applicable statutory period constitutes a waiver to raise that claim in any forum. The arbitration shall take place in the State and County in which the dispute arose.

The arbitrator shall apply applicable California and/or Federal substantive law and the
California Evidence Code to the proceeding. The parties shall be entitled to conduct reasonable discovery, including conducting depositions, requesting documents and requesting responses to interrogatories. The arbitrator shall have the authority to determine what constitutes reasonable discovery. The arbitrator shall hear motions for summary disposition as provided in the California Code of Civil Procedure.

BOTH PARTIES UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE
DISPUTES THEY ARE GIVING UP ANY RIGHT THAT THEY MAY HAVE TO A JUDGE
OR JURY TRIAL WITH REGARD TO ALL ISSUES CONCERNING THEIR
CONTRACTUAL RELATIONSHIP.

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Governing Law
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California.

Severability
If any provision of this Agreement shall be held invalid or unenforceable for any reason,
the remaining provisions shall continue to be valid and enforceable. If a court finds that any portion of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.