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Agent
Communications and Advertising Services Agreement
Thank you for your interest in receiving services from weRlive.com.
Please note that you must accept and agree to the following Communications and
Advertising Services Agreement in order to receive the services which are
described below. Entering into this agreement allows you to receive services to
which a weRlive.com Expert is entitled (as detailed below) but it also entails
certain responsibilities and requires you to make certain representations. By clicking "accept", you expressly
agree to be bound by all of the terms of this Services Agreement.
By accepting this Agreement and proceeding with your registration, you agree
that while using the weRlive.com services obtained via http://www.weRlive.com (the 'Site'),
you shall adhere to the terms of this Agreement with us - Sobonito
Investments Ltd. dba weRlive.com (the operator of the Site and Communications
Services defined below).
You as an agent ("Agent")
will be provided services by weRlive.com pursuant to this Agreement. Subhosts whom you
select and we approve ("Subhost") shall
also be able to use these services, but for all legal purposes our agreement
and legal relationship is exclusively with you as the Agent. For purposes of convenience, references to
"Experts" below shall be deemed to refer to your Subhosts. Agent is
liable for ensuring that Agent's Subhost's act in compliance
with this Agent Services Agreement, and that the Agent's Expert's act in
accordance with the "Agent-Subhost Agreement" into which you must enter
with the Subhost and which must be delivered to
weRlive.com.
1.
THE SERVICES: weRlive.com shall provide you and the Subhosts
you engage with the following services:
a.
Communications Services: weRlive.com shall provide you with the
following communications services (the 'Communications Services'):
1.
weRlive.com shall provide video/audio/text chat
communications system ('Chat System') allowing Experts to chat with
persons who choose to receive information/content from them via chat ('Guest'). Via the directory of Experts (like a phone book
that dials for you) located on the Site (the 'Directory'), Guests are
able to initiate contact with Experts (including in scheduled sessions) from whom
they wish to receive information/content.
Where the Expert accepts the Guests into a Expert-Guest Chat Session ('HGCS'),
internet communications software provided to the Expert (the 'Software') enables
the Expert to connect directly ('peer-to-peer'), i.e., not via the Site's
systems, through the internet with the computer of the Guest and provide
information/content via audio/video (and text) chat. A guest may also elect to chat via
audio/video (or text) directly to the Expert.
Up to 3 Guests can be connected to the Expert at the same time.
2.
weRlive.com shall provide Expert with use of a message center
which allow Members to put queries or requests to Experts
and allows Experts to communicate and provide content/information to Members by
text messaging with Members ("
3.
weRlive.com shall provide Experts with platforms and tools which
allow Experts to provide specialized services or to advertise the services Experts
offer to members as an Expert ('Expert Platforms').
weRlive.com disclaims any and all
liability in the event of the disruption or malfunction of the Communications
Services. Your only remedy in such a
case is to cease using the Communications Services.
b.
Advertising Services
1.
weRlive.com may in its absolute discretion advertise the
services of Experts offered generally via the Site and on third party sites. weRlive.com shall decide in its absolute
discretion upon the way of promoting the Expert on the Site, including, without
limitation, the location of the Expert within the Directory and elsewhere on the
Site, the manner of representation of the Expert on the Site and the ranking of
the Expert in rankings created by weRlive.com on the Site.
2.
weRlive.com may in its absolute discretion advertise a particularHost's services on and off the Site and may in
its absolute discretion grant access to third parties (affiliates of weRlive.com)
to advertising materials which the third parties may then use to promote the
Site and the Communications Services generally and/or the services of the
particular Expert.
(together,
the 'Advertising Services')
(the
Advertising Services and the Communications Services, together the "Services")
2.
EXPERT AGE: Agent represents that all Experts engaged by Agent are at
least 18 years of age and of legal age in Expert's jurisdiction (21 years where
required under applicable law).
3.
AMENDMENT OF AGREEMENT: weRlive.com shall be entitled to
amend this Agreement, the Terms and Conditions of the Site and the rules and
regulations appearing elsewhere on the Site, at any time by amending it on the
Site. By you or your Experts entering into
the Site or using the Communications Services after the amendment you indicate
your agreement to the amendment. It is
your responsibility to regularly review this Agreement, the Terms and
Conditions and the other rules and regulations appearing elsewhere on the Site.
4.
NON-ASSIGNABILITY/THEFT OF LO
5.
INFORMATION/CONTENT: Information/content provided by Expert via the
Communications Services is determined in the Expert's (or Agent's) absolute
discretion. weRlive.com shall not (and cannot reasonably) control the
information/content communicated by you via the Communications Services. You are responsible and legally liable for
the information/content provided by all participants particularly in your Expert's
HGCS's and as a general matter by your Experts via the Communications
Systems. Agent undertakes to ensure the
compliance of Agent's Expert's with all of the following -
a.
Expert undertakes that all information/content provided by the
Expert via the Communications Services shall satisfy the local laws and
regulations applicable to the Expert and to the Guest(s) including in the EU and
the
b.
Expert shall possess all necessary intellectual property
rights, interests, and licenses necessary to allow him/her to present the
information/content presented by the Expert via the Communications Services.
c.
Expert hereby represents that all participants in an HGCS will
be at least 18 years of age (21 years in jurisdictions in which age of majority
is 21) and of legal age in the jurisdiction of residence.
d.
Expert shall not cause the image of any other person (excepting
other persons who are registered as Experts with weRlive.com) to be transmitted
via the Communications Services.
e.
Without derogating from the requirement that all users of Communications Services
(Experts and Members) must have reached their legal majority, the following activities
are generally considered obscene and are illegal in many jurisdictions, and
therefore, are strictly forbidden when using the Communications Services. bestiality, child pornography, any
presentation of minors engaged in intimate physical contact or sexual
situations - actual or depicted, incest, extreme/abusive sado-masochism
or bondage, depictions of rape, torture and any conduct which may be judged
"obscene" by the standards of Expert's community, or the community of
Guest/s. weRlive.com strongly suggests that Expert consults a local attorney at
law in order to get advice on where Expert's community draws the line on
obscenity ('Forbidden Content'). The following also constitutes 'Forbidden Content':
defamatory, abusive, threatening, racially offensive, or illegal material.
If weRlive.com suspects that Expert has provided Forbidden Content via the
Communications Services or has allowed Forbidden Content on an HGCS, Expert's
account will be frozen immediately for further investigation and the Expert
faces permanent termination, cancellation and forfeiture of all credits from
weRlive.com.
f.
Expert has no obligation to weRlive.com or anyone else to
perform as an Expert or to accept a Guests' requests. Do not accept requests which would cause you
to violate this Agreement or applicable law.
6.
APPROVALS AND REQUIREMENTS OF weRlive.COM
a.
weRlive.com's advance approval is required in
order to act as an Expert. Such approval is
within the absolute discretion of weRlive.com.
b.
weRlive.com may request at any time, and Agent and Expert will
be obligated to provide weRlive.com with any required document including but not
excluding: legally identifying identification documents, which prove the Expert’s
age and a signed copy of this Agreement. In any case Expert and Agent do not
provide weRlive.com with requested documents, Expert and
Agent face immediate and permanent termination, cancellation and forfeiture of
all credits from weRlive.com. Agent hereby
agrees that if Expert provides weRlive.com with false identification regarding
his/her name and/or date of birth, Agent and Expert will not hold weRlive.com
liable, under any circumstances, as Expert and Agent understands that this
identification was accepted in good faith and to ensure that Expert is at least
18 years of age or age of majority in Expert’s country ('Falsification of
Documents'). In the event that
weRlive.com suspects that Expert or Agent has provided false documents, Agent's
and/or Expert's account will be frozen immediately for further investigation and the
Agent and Expert face permanent termination, cancellation and forfeiture of all
credits from weRlive.com.
c.
If weRlive.com requests to receive a signed copy of this
Agreement, Agent must provide the same or the Agent faces immediate and
permanent termination, cancellation and forfeiture of all credits from weRlive.com.
7.
CERTAIN OBLIGATIONS OF EXPERT
a.
The Agent and Agent's Experts shall be subject mutatis
mutandis to the Terms and Conditions of the Site. The Agent and Experts shall not act in
violation of those Terms of Use or cause or procure any other person to violate
them. In
addition to this Agreement and the Terms and Conditions of the Site, the Site includes
additional terms and conditions that are published on specific pages on the
Site, and shall also apply to Agents and Experts. These additional terms and
conditions may restrict or otherwise effect your
rights in connection with the Site or the Communication Services. If any provision of these terms and conditions
is held void or unenforceable to any extent, such provision shall be deemed
excised and removed only to the extent to make the remaining provisions and
these terms and conditions enforceable.
b.
Agent and Experts shall not use the Communications Services or
any of the the other services, features and/or
facilities available on or through the Site for any commercial purposes
whatsoever, except as specified in this Agreement and to the extent they
mutually benefit weRlive.com and the Agent and Experts. Agent and Experts may not
use the Communications Services or any of the other services, features and/or
facilities available on or through the Site to promote or act on behalf of any
other person, entity or business on or off the internet.
c.
Agent and Experts shall not contact any Member of the Site for
the purpose of supplying the Member with services outside the framework of the Communications
Services thereby circumventing payment by the Member via weRlive.com's
payment system. Expert shall not solicit
or encourage members to purchase services and/or features which may directly or
indirectly compete with the Site or the Communications Services or the services
provided by our Experts.
d.
Under no circumstances will Agent and/or Experts use or try to
use the Communications Services in order to promote or procure any meetings or
direct physical contact with any Members and/or any other third party.
e.
Agent and Experts shall not transmit emails promoting
weRlive.com or the Expert's activities on weRlive.com other than emails sent via
weRlive.com. Agent agrees that neither
Agent nor Experts shall procure or encourage the transmission by any third party
of emails promoting weRlive.com or the Expert's activities on weRlive.com ('Forbidden
Emailing Activities'). If weRlive.com
suspects that Agent or Expert is engaged directly or indirectly in such emailing
activities, Agent and/or Expert's account will be frozen immediately for further
investigation and the Agent and/or Expert faces permanent termination,
cancellation and forfeiture of all credits from weRlive.com.
8.
EXPERT & weRlive.COM RELATIONS
a.
Relationship Between Agent and
weRlive.com: weRlive.com is an independent contractor providing services to the Agent. Neither party is employed by the other party
through a common-law employee/employer relationship or actual employee/employer
relationship. Expert shall not present himself/herself as an employee or any
other kind of representative of weRlive.com.
weRlive.com has no legal relationship with Experts.
b.
Agent and Experts must open all emails sent to them by
weRlive.com in order to be updated regarding important items related to the
Communications and Advertising Services. Agent and Experts must regularly check agent
page and Expert pages, respectively, in order to be updated regarding important
items related to the Communications and Advertising Services.
c.
weRlive.com will be entitled to perform occasional
monitoring, at its own discretion, of the activities of the Experts via the
Communications Services. This allows
weRlive.com, inter alia, to analyze and develop methods for improving services
to all of its Experts and Members.
9.
LICENSE: Agent hereby grants weRlive.com a general royalty-free,
perpetual and exclusive license to use – including providing them to third
party sites - still and video images (including audio and text portions) of your
Experts held by weRlive.com. The said
license includes without limitation the right to reproduce, modify, adapt,
publish, translate, create derivative works from and distribute such materials
or incorporate such materials into any form, medium, or technology including
without limitation for purposes of advertising the Site on the site or off the
Site and for purposes of providing third parties with promotional materials. It
is hereby clarified that upon termination of this Agreement, by either party,
weRlive.com shall continue to hold the aforesaid license in its entirety. Materials created in connection with the
Advertising Services or the Communication Services may not be used for any
commercial purpose, outside the weRlive.com site, without the prior written
consent of weRlive.com. The Agent shall
ensure execution of the Agent-Subhost Agreement which
grants the Agent the right to provide the aforesaid licenses.
10. PAYMENTS TO AGENTS: Every HGCS is timed and priced according to the
billing rate and terms specified in the relevant Agent Income Sources sections
below. (For all hosting categories other than Sexual Stress Relief, see "Agent
Sources of Income" immediately below.
For Sexual Stress Relief go to "Agent Sources of Income for Sexual
Stress Relief Category" further below.)
It is hereby clarified that weRlive.com may, at its own discretion and at
any time, change these billing rates and Agent shall be entitled to payments
according to the then new billing rates. Pricing to guests for tutorials,
Q&A and other materials are not fixed and are determined as described on
the Site. See "Agent Sources of Income"
below for information on billing rates for Experts. For the avoidance of doubt it is hereby
agreed that it is the Agent's sole responsibility to be updated on all of the
Site's terms and conditions as well as all other billing and payment issues, as
published on the Site and occasionally changed.
a.
Payments to Agent are dependent upon receipt of payment from
specific Guests to whom Expert provided service.
To the extent a Guest does not pay for the services provided by Expert to
the Guest including due to a refund or chargeback, the portion of that payment
due to the Agent shall not be made or shall be deducted from future payments.
b.
All Payments are aggregated and processed through a third
party and will be transferred to Agent only upon receipt from the third party
processor.
c.
Payments and deduction from payments are made as described
and specified in Agent Income Sources. It is hereby clarified that weRlive.com
may, at its own discretion and at any time, change these payments methods and Agent
shall be entitled for payments according to the then new payments methods. For
the avoidance of doubt it is hereby agreed that it is the Agent's sole
responsibility to be updated on all of the Site's terms and conditions as well
as all other billing and payment issues, as published on the Site and
occasionally changed.
d.
Agent is able to check the weRlive.com records regarding a
Expert's performance and credits. It is hereby clarified that only the weRlive.com
records shall determine the credits and payments to which the Agent is
entitled. weRlive.com shall not be
obligated to present to Agent and/or any other third party any documents
regarding charge backs or refunds made by Guests.
e.
weRlive.com is entitled to deduct the sum of refunds and/or
charge backs from the Agent's payments and credits at any time and at its sole
discretion. It is hereby clarified and
agreed that only weRlive.com's records shall determine
the validity and the amounts of credits and payments, which the Agent is
entitled to receive from weRlive.com. It
is the Agent's sole responsibility to check and double check the mailing
address details and/or bank account details and/or epassporte
account details, given to weRlive.com by Agent, for the purpose of receiving
payments from weRlive.com. It is hereby clarified that weRlive.com will not
resend or transfer payments, nor will it be responsible for payments, in cases of
wrong addresses or wrong account details.
f.
For the avoidance of doubt it is hereby agreed that it is
the Agent's sole responsibility to be updated on all billing rates as well as
all other billing and payment issues, as published and occasionally changed, on
the Site.
11. Agent Income
Sources (not including sexual stress relief category):
a.
What is your Revenue Sharing?
For every dollar spent in your Experts' HGCS (whether videochat
or non-video chat), for a tutorial, for an answer in Q&A or for other of
your materials, you get 50%. If Expert brings a new client into the system, Agent
receives 60% of what he spends while chatting with Expert.
a.
Chat - How is your rate-per-minute determined?
When you sign-up a new Expert, that Expert can chat with weRlive.com Guests for
$0.98, $1.98, $2.80 or $3.80 per minute. Experts with at least 4.1 stars are also
able to charge per minute for a chat: $4.80, $5.80, $6.80, $7.80, $8.80 or
$9.80. Experts do not have to charge
Guests for the highest per-minute-charge. A Guest, who begins a chat with a
Expert at a certain rate, remains at that rate throughout the chat, even when a
system event changes these rates. The only exception to this is when an Expert
gives a Guest a Discount. New rates are relevant only to new chats initiated
after the rate change.
b. Tutorials, Q&A and
other materials– How is your rate-per-minute
determined? Agent will receive 50% of what Guests pay for
the tutorial, for an answer in Q&A or for other of your materials paid for
by a Guest. On the Site, you can find
further rules regarding how these items are priced and regarding tips and
fines.
c. System Failure
Please note that in any case of a system failure (for example a system failure
caused by technical malfunctions), your earnings of the last 60 minutes prior
to the system failure may be lost and deleted from the weRlive.com payments
systems. Therefore, in cases of such system failure, you may not be entitled to
your earnings from the last 60 minutes in the weRlive.com systems.
d.
Rating System
The higher your Experts' ratings are - the more Guests can be charged for HGCS. Expert's
rating (number of stars) will be visible on Expert Profile. Please note that weRlive.com
may, at its own and sole discretion, decide upon the rating system and
calculation methods.
d.
What is a Happy Hour VideoChat
Expert?
Happy Hour VideoChat Experts are entitled to a fixed
rate of payment per hour, regardless of how long they VideoChat
(since the hourly rate is based only on time the Expert is online and available
for VideoChat). Further details are available on the
Site.
e.
What are 30 minute and 60 minute Sessions?
1.
Expert can choose to offer Guests a 30 minute or a 60 minute
session. In case Expert provided a full session, Agent is entitled to the
following:
30
minute Sessions entitle Agent to - 30 minutes multiplied by otherwise applicable
HGCS charge-per-minute multiplied by 80%.
60 minute Sessions entitle Agent to - 60 minutes multiplied by otherwise
applicable HGCS charge-per-minute multiplied by 70%.
2. In case Expert is not
responsible for the termination of the session before it was completed as planned
and in case Expert remained connected to the HGCS as planned, Agent will be
entitled to the above even if the Guests did not remain connected to the HGCS,
as long as the Guest did not request a refund or submit a chargeback.
In case Expert is responsible for the termination of the session before it was
completed as planned, a $3 fine will be deducted from Agent's account and Agent
will only be entitled to a partial payment as follows:
30
minute planned sessions - the number of minutes of the HGCS in fact multiplied
by otherwise applicable HGCS charge-per-minute multiplied by 80%.
60 minute planned sessions - the number of minutes of the HGCS multiplied by the
otherwise applicable HGCS charge-per-minute multiplied by 70%.
Please note that in case a Guest chooses to leave the HGCS in the middle
of the session, the Guest holds the right to return to the HGCS at all time
until it is expired.
f.
Discounts
Expert may encourage Guests to chat longer and to come back to an HGCS by providing them with special
discounts. These discounts are made at Agent's and/or Expert's sole discretion.
Discounts are either ˘30 or ˘60 per HGCS minute. Discounts should be decided
upon before the HGCS starts (by providing the chosen Guests with your discount
code), or during the HGCS by marking the chosen Guests while chatting. Discounts
are retroactive and will apply from the beginning of the HGCS for which you
choose to give the discount – but shall not apply to earlier HGCS's. Also note that there are no multiple discounts, therefore
in case a Guest received any kind of discount the Guest is not entitled to any
other discount.
g. How frequently do
you get paid?
Payments are usually made twice a month: Payments go out on the 16th (for the
first two weeks of the month) and on the 1st of the consecutive month (for the
last two weeks of the previous month). Earnings are paid out to Agent when you
earn a minimum of $50 per period. weRlive.com is not responsible for any delays
in payments for up to 60 days as well as in any case of a delay not connected
to weRlive.com. You can also choose to wait for payment until your earnings
reach a minimum of $100 or $500.
h. What is the method
of payment?
weRlive offers two forms of payment: transfer of funds
to agent's Epassporte account or by check. weRlive is not responsible for the theft of, loss of, or any fraudulent activity related to, checks sent out to you by regular mail or FedEx. In the case of loss, theft or fraud, weRlive shall in no case be liable for replacement of the check, or payment of the funds by check or alternative method. This means that if a payment check does not arrive it will not be replaced, regardless of whether it was cashed or not!!!
We offer you the alternative of electronic payment via Epassporte.
In order to receive payments via epassporte you must
first have an account which can be opened by clicking here. If you already have an epassporte
account and you would like to receive your payments there, please contact weRlive
Customer Service to arrange for payment through your existing epassporte account. weRlive.com may change the methods of payments
at its own and sole discretion.
i.
How do I get my check?
Either by regular mail or by FedEx.
In case you wish to receive your check by FedEx, please note that:
·
The cost of the shipping ($30) will be deducted from your
earnings;
·
You must provide a valid name and address (full address:
City, Country, Zip code) and NOT a P.O. Box address;
·
You must provide your phone number; and
·
Your minimum check amount must be at least $100.
k.
The following transactions will remove and deduct money from
your account:
·
A $3.00 penalty for kicking out a Guest from a 30 or
60-minute session approved by Expert.
·
Any refund given to your Guest.
·
Any charge back - for any previous charge that was not
accepted (Guest's credit card).
l.
How can you track your Agent Account earnings?
We keep your complete up-to-date transactions and statistics online in the Agent
Account. The Agent Account tracks your earnings for the month. It is hereby
agreed and clarified that the Agent account alone shall determine your
eligibility for payments from the weRlive.com system.
12. SEXUAL STRESS
RELIEF CATEGORY – SPECIAL PROVISIONS: Agent undertakes to ensure the compliance of
Agent's Expert's with all of the following -
j.
Sexually explicit content/information is only allowed in HGCS's and Expert Promotional Platform content provided for
Members entering via "Sexual Stress Relief".
k.
weRlive.com prohibits minors from acting as Experts in all
cases and is particularly concerned to prevent minors from acting as Experts in
the category of "Sexual Stress Relief." We must be provided by you with copies of
identification documents – passport, driver's license, or similar ID which
indicate that Expert has reached his/her legal majority and a list of other names
(aliases or stage names) used by the Expert.
Experts located in the
l.
Legible copies of such materials must be provided to
weRlive.com in the manner Agent is instructed by weRlive.com before approval of
Expert and from time to time.
m. These identification
documents are also stored in connection with 18 U.S.C. § 2257. IF SO REQUIRED UNDER 18 U.S.C. § 2257 OR
OTHER APPLICABLE LAW WE SHALL PROVIDE THE DOCUMENTS TO THE COMPETENT AUTHORITY
OR ITS REPRESENTATIVE.
BY ACCEPTING THIS AGREEMENT, YOU SPECIFICALLY PROMISE, WARRANT AND AGREE
THAT FOR PURPOSES OF 18 U.S.C. § 2257 YOU AND/OR YOUR EXPERTS ARE THE
"PRIMARY PRODUCER" OF ANY SUCH SEXUALLY EXPLICIT MATERIAL. For further information regarding 2257 and
the Site, please see our 2257
statement which can also be reached via our home page.
n.
Without derogating from the prohibition on the Expert causing
the image of any other person to be transmitted via the Chat System or the Expert
Promotional Platforms, Expert shall not under any circumstance transmit via the
Chat System or the Expert Promotional Platforms any sexually explicit image
including any other person (other than another Expert registered on the Sexual
Stress Relief part of the Site). Expert
shall in no case transmit via the Chat System or the Expert Promotional Platforms
any sexually explicit images of the Expert created before the Expert reached
his/her legal majority.
o.
Expert shall not attempt to portray himself/herself as someone
under the age of 18. Expert will not portray himself/herself as a
"teenager", unless Expert specifically mentions that he/she is 18 or 19
years old. Otherwise, the use of the word "teen" in any form relating
to ages under 18 is strictly forbidden.
p.
It is strictly prohibited to transmit Forbidden Content (as
defined above) via the Communications Services.
If weRlive.com suspects that Expert has transmitted Forbidden Content via
the Communications Services, Agent's and/or Expert's account will be frozen immediately
for further investigation and the Agent and/or Expert faces permanent
termination, cancellation and forfeiture of all credits from weRlive.com.
12. SEXUAL STRESS
RELIEF: EXPERT SOURCES OF INCOME
j.
How is your rate-per-minute determined?
Non-video chat is not charged for in the Sexual Stress Relief category so HGCS
here refers only to video chat. You will
receive 35% of what your Experts' Guests pay for every minute in HGCS and 35% of
what Guests/users pay for viewing Experts' videos and/or other materials as described
on the Site. When you sign-up a new Expert, the Expert can chat with weRlive.com
Guests for $0.98, during the first 90 minutes. After the first 90 minutes
prices may vary from $1.98 to $4.80 per minute, according to what you and the
Expert decide to charge and the rating the Expert is given
by your VideoChat Guests. Expert does not have to
charge Guests for the highest per-minute-charge. A Guest, who begins a chat
with an Expert at a certain rate, remains at that rate throughout the chat, even
when a system event changes these rates. The only exception to this is when a
Expert gives a Guest a Discount. New rates are relevant only to new chats initiated
after the rate change.
a.
System Failure
Please note that in any case of a system failure (for example a system failure
caused by technical malfunctions), your earnings of the last 60 minutes prior
to the system failure may be lost and deleted from the weRlive.com payments
systems. Therefore, in cases of such system failure, you may not be entitled to
your earnings from the last 60 minutes in the weRlive.com systems.
e.
Rating System
The higher your Expert's rating is - the more Expert can
charge Guests for HGCS as well as for videos and other materials. Expert rating
(number of stars) will be visible on your Expert Profile. Please note that
weRlive.com may, at its own and sole discretion, decide upon the rating system
and calculation methods.
|
Time |
Charge per Minute |
||||||||||
|
Up to 90
minutes |
$0.98 |
||||||||||
|
Over 90
minutes |
|
f.
What is a Happy Hour VideoChat
Expert?
Agents of Happy Hour VideoChat Experts are entitled to
$10 an hour ($20 per hour for Hall of Fame Experts), regardless of how long they VideoChat (since the hourly rate is based only on time the
Expert is online and available for VideoChat). Happy
Hour VideoChat Experts are Experts who have been rated
between 3 to 5 stars, making them eligible to apply for the Happy Hour title.
Up to seven (or any other number, as decided by the Site) Experts at a time may
serve as Happy Hour VideoChat Experts. When applying
for a Happy Hour VideoChat Expert, Expert must have no
Guests at all on any of its HGCS.
Happy Hour VideoChat Experts get special promotion on
the site. Guests chatting with Happy Hour VideoChat
Experts will pay $1.48 per minute. Happy Hour Experts are required to adhere to a
predetermined online schedule, and must be available to accept Guests. Happy
Hour Experts, which are online, are paid for the Happy Hour even if there is no
Guest on the HGCS, therefore if it is brought to weRlive.com's
attention that an Expert is not actually available in the VideoChat
room during a Happy Hour although Expert is online, Agent and/or Expert account may
be terminated and all earnings forfeited and/or Agent will be fined $100 for
each Happy Hour in which Expert was not fully available.
When the Happy Hour is over, Guests, which are still on the HGCS, will continue
to pay $1.48 per minute, and Experts will be entitled to get 35% of the $1.48 for
every minute in the HGCS.
g.
What are 30 minutes and 60 minutes Sessions?
Expert can choose to offer Guests a 30 minute or a 60 minute session. In case Expert
provided a full session, Agent is entitled to the following:
i.
30 minute Sessions entitle Agent to - 30 minutes multiplied
by otherwise applicable HGCS charge-per-minute multiplied by 80%.
60 minute Sessions entitle Agent to - 60 minutes multiplied by otherwise
applicable HGCS charge-per-minute multiplied by 70%.
ii.
In case Expert is not responsible for the termination of the
session before it was completed as planned and in case Expert remained connected
to the HGCS as planned, Agent will be entitled to the above even if the Guests
did not remain connected to the HGCS, as long as the Guest did not request a
refund or submit a chargeback.
In case Expert is responsible for the termination of the session before it was
completed as planned, a $3 fine will be deducted from Agent's account and Agent
will only be entitled to a partial payment as follows:
30
minute planned sessions - the number of minutes of the HGCS in fact multiplied
by otherwise applicable HGCS charge-per-minute multiplied by 80%.
60 minute planned sessions - the number of minutes of the HGCS multiplied by the
otherwise applicable HGCS charge-per-minute multiplied by 70%.
Please note that in case a Guest chooses to leave the HGCS in the middle
of the session, the Guest holds the right to return to the HGCS at all times
until it is expired.
h.
Discounts
After Expert's first 90 minutes of HGCS, Agent and Expert may encourage Guests to
chat longer and to come back to HGCS by providing them with special discounts.
These discounts are made at Agent's or Expert's sole discretion. Discounts are
either ˘30 or ˘60 per HGCS minute. Discounts should be decided upon before the
HGCS starts (by providing the chosen Guests with your discount code), or during
the HGCS by marking the chosen Guests while chatting. Discounts are retroactive
and will apply from the beginning of the HGCS for which you choose to give the
discount – but shall not apply to earlier HGCS's.. There are no multiple discounts therefore in case Guests
received any kind of discount Guest is not entitled to any other discount.
i.
What is your Revenue Sharing?
For every dollar spent in your Expert's HGCS, Agent gets 35%. If Agent's Expert
brings a new client into the system, Agent receives 55% of what he spends while
chatting with the same Expert.
j.
How frequently do you get paid?
Payments are usually made twice a month: Payments go out on the 16th (for the
first two weeks of the month) and on the 1st of the consecutive month (for the
last two weeks of the previous month). Earnings are paid out when Agent earns a
minimum of $100 per period. weRlive.com is not responsible for any delays in
payments for up to 60 days as well as in any case of a delay not connected to
weRlive.com. You can also choose to wait for payment until your earnings reach a
minimum of $500.
k.
What is the method of payment?
weRlive offers two forms of payment: transfer of funds
to agent's Epassporte account or by check. weRlive is not responsible for the theft of, loss of, or any fraudulent activity related to, checks sent out to you by regular mail or FedEx. In the case of loss, theft or fraud, weRlive shall in no case be liable for replacement of the check, or payment of the funds by check or alternative method. This means that if a payment check does not arrive it will not be replaced, regardless of whether it was cashed or not!!!
We offer you the alternative of electronic payment via Epassporte.
In order to receive payments via epassporte you must
first have an account which can be opened by clicking here. If you already have an epassporte
account and you would like to receive your payments there, please contact weRlive
Customer Service to arrange for payment through your existing epassporte account. weRlive.com may change the methods of
payments at its own and sole discretion.
l.
How do I get my check?
Either by regular mail or by FedEx.
In case you wish to receive your check by FedEx, please note that:
i.
The cost of the shipping ($30) will be deducted from your
earnings;
ii.
You must provide a valid name and address (full address:
City, Country, Zip code) and NOT a P.O. Box address;
iii.
You must provide your phone number; and
iv.
Your minimum check amount must be at least $100.
m.
The following transactions will remove and deduct money from
your account:
i.
A $3.00 penalty for kicking out a guest from a 30 or
60-minute session you approved.
ii.
Any refund given to your Guest.
iii.
Any charge back - for any previous charge that was not
accepted (Guest's credit card).
n.
How can you track your Agent Account earnings?
We keep your complete up-to-date transactions and statistics online in your
Agent Account. The Agent Account tracks your earnings for the month. It is hereby
agreed and clarified that the Agent Account alone shall determine your
eligibility for payments from the weRlive.com system.
o.
Video Chats and Free Chats
Text chats are free of charge. Video Chats are free of charge for the
20-seconds upon Guest entering the HGCS.
13.
THIRD PARTY PRODUCTS: You understand that products which
may be made available or sold on the Site are not manufactured by weRlive.com
but are manufactured by others. You understand and agree that you will use any
such products only in compliance with any manufacturer's instructions for use
accompanying such products. ANY WARRANTIES COVERING ANY SUCH PRODUCTS ARE
PROVIDED SOLELY BY THE MANUFACTURER(S) OF SUCH PRODUCTS AND weRlive.COM MAKES NO
WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH PRODUCTS AND HEREBY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED
TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
14.
DISCLAIMER OF WARRANTIES – THE SERVICES, THE SITE AND THE SOFTWARE ARE
PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS
AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO
THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY
AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES,
SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SERVICES, SITE AND/OR THE
SOFTWARE OR THE ABILITY OF THE SERVICES, THE SITE AND/OR THE SOFTWARE TO
INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR
HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF
TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR
ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM THE USE OF THE SERVICES, THE SITE OR THE SOFTWARE;
(IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND
(IV) ANY WARRANTIES REGARDING OUR RIGHTS AND TITLE IN THE SERVICES, THE SITE OR
THE SOFTWARE OR THAT THE SERVICES, THE SITE OR THE SOFTWARE DO NOT INFRINGE THE
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING,
WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR
RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE
SERVICES, THE SITE AND THE SOFTWARE OR ANY PORTION THEREOF WILL BE FREE OF
INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE
PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SERVICES, THE SITE AND
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICES, THE SITE OR THE SOFTWARE WILL BE CORRECTED. IT IS YOUR SOLE
RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE
STEPS TO ENSURE THAT THE SERVICES, THE SITE AND THE SERVICES, IF CONTAMINATED
OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
15. LIMITATION OF LIABILITY - IN NO EVENT WILL WE OR OUR SUBSIDIARIES OR SUPPLIERS OR OUR/OUR SUBSIDIARIES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, O