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Agreement of Sale

Standard Terms and Conditions for Advertising Services DomainPorn’s.com Paid Membership Services (as defined below), are provided on the terms and conditions set out in this membership agreement (”Agreement”) and in accordance with the General Terms & Conditions of this website. By using the Paid Membership Services you confirm that you have read and understood this Agreement and you agree to be bound by its terms and conditions.

THIS AGREEMENT is between: (1) DomainPorn.com (”DomainPorn.com”); and (2) YOU, the company or individual natural person wishing to receive the Paid Membership Services (as defined below) (”Customer”).

1. DEFINITIONS AND INTERPRETATION

In this Agreement (unless the context otherwise requires), the following words and expressions shall have the following meanings: “Acceptance” means the acceptance of this agreement and for DomainPorn.com to receive the payment and approve your application.

“Advertising Content” means details relating to Customer and its business and details of websites that are advertise in the Website or for advertising banners submitted to the DomainPorn.com Site for viewing by Users.

“Paid Membership Services” has the meaning set out in paragraph 3.

“The Member’s Area” means the control panel area accessible by registered paid member users on our Website the functions of which include the uploading of data, editing of data and transfer of data systems contained on the DomainPorn.com

“Website” means the site on the Internet located at http://www.DomainPorn.com

“Fees” means the fees to be paid to DomainPorn.com by the Customer in respect of the provision by Us of the Paid Membership Services, as more fully set out in the Registration Form and as updated from time to time by notification to the Customer.

“Intellectual Property” includes patents, inventions, know-how, trade secrets and other confidential information, registered designs, copyrights, database rights, design rights, rights affording equivalent protection to copyright, database rights and design rights, semiconductor topography rights, trade marks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforesaid items, rights in the nature of any of the aforesaid items in any country or jurisdiction, rights in the nature of unfair competition rights and rights to sue for passing-off.

“VAT” means value added tax and includes any substituted or similar tax.

“Users” means the free users and viewers that access the directory and/or the paid members that using the services on the Website URL www.domainporn.com

”Working Day” means between the hours of 09.00 to 17.30 on any day from Monday to Friday (inclusive), which is not a bank holiday.

2. TERM

This Agreement shall commence on the date that that the users will proceed to payment for paid membership services and shall continue subject to termination in accordance with the provisions of this Agreement.

3. PAID MEMBERSHIP SERVICES

(a) In consideration of payment of the Fees by the Customer, and the Customer agreeing to be bound by the terms and conditions of this Agreement and the approval of the Propertorio.com, ‘we’ undertake to: permit the uploading of Advertising Content to the Site by or on behalf of the Customer; the “Paid Membership Services”.

(b) As an alternative to uploading Listing Content to the Website using the ‘Members Area’ the Customer may, by post or email, request that DomainPorn.com undertake such uploading on its behalf. ‘We’ reserve the right to make an additional charge for this service, such charge to be agreed with Customer in advance.

(c) DomainPorn.com permits the Users to search for and access the content of the Website (including the Listing Content contained on the Site). DomainPorn.com does not in any way warrant or otherwise agree that the provision of the Paid Membership Services will lead to a successful advertising campaign for the Customer.

4. LISTING CONTENT

The Customer acknowledges that where it uploads Listing Content to the Site, such Listing Content, upon DomainPorn’s approval according to this Agreement and the General Terms & Conditions will be automatically posted and published onto the Website without intervention by any DomainPorn.com personnel, and that the Customer is solely responsible for ensuring the accuracy of all Listing Content. DomainPorn has the right to deny upload of any listing that considers inappropriate according to the DomainPorn’s discretion. In the case that DomainPorn.com agrees in advance with the Customer to upload listings on its behalf, and DomainPorn.com receives a request in accordance with clause 3(b), it shall endeavour to upload the Listing Content to the Website on the same Working Day on which it was received (with the exception of faxes received after 16.30, in respect of which DomainPorn.com will endeavour to upload the Listing Content the following Working Day), provided always that the Customer acknowledges that such timescales are indicative only. Whilst DomainPorn.com will use reasonable endeavours to ensure that Listing Content received by it in accordance with a request under clause 3(b) is uploaded to the Website in the form received by it in such request, it accepts no responsibility for the accuracy of any information uploaded to the DomainPorn.com Site in accordance with such a request.

The Customer shall at all times (including prior to uploading it to the Website) ensure and warrants to DomainPorn.com that all Listing Content or any other information provided by the Customer: is accurate, complete, up to date and not misleading in any way; complies at all times with all legislation, regulations, codes and guidelines applicable to such Listing Content; contains no obscene (other than pornographic material), blasphemous, defamatory material, or material which infringes the rights of any third party or is otherwise legally actionable by such third party.

The Customer warrants to DomainPorn.com that it has the benefit of all consents, releases and licences as are necessary for publication of the Listing Content on the Website and to deal with it as described in this Agreement and the General Terms & Conditions, and the Customer hereby grants to DomainPorn.com all relevant consents, leases and licences relating to the Listing Content for the purposes of this Agreement.

The Customer agrees to notify DomainPorn.com of (or correct) any erroneous or outdated information howsoever arising as soon as it becomes aware of such information. The Customer indemnifies DomainPorn.com in respect of any liability that DomainPorn.com incurs as a result of any breach of this responsibility.

The Customer shall refrain from using the DomainPorn.com Site or any functionality of the Members Area for any fraudulent or illegal purpose. DomainPorn.com shall not be liable for any errors, mistakes, or omissions made during the electronic submission,processing and/or uploading of the Advertising Content to the Site. 5. FEES The Customer shall pay DomainPorn.com the Fees in accordance with the terms of this clause 5 and the section headed “Listing Rates”. DomainPorn.com shall invoice the Customer for payment of the Fees. The Customer shall pay the Fees to DomainPorn.com by any credit or debit card. All sums payable under this Agreement are stated exclusive of VAT (unless the contrary is expressly stated). The Customer shall have no right to any refund of the Fees under this Agreement including, without limitation, on termination of this Agreement. DomainPorn.com reserves the right to require Customer to pay (i) a non-refundable advance payment or (ii) a deposit before making available the advertising services. In the event that a deposit is paid by Customer, this will be held by DomainPorn.com and is returnable to Customer in the event that either party terminates this Agreement pursuant to clause 11, net of any outstanding amounts due from Customer to DomainPorn.com which may be offset by DomainPorn.com against such deposit.

6. CONTROL OF ADVERTISING CONTENT BY DOMAINPORN.COM

DomainPorn.com shall not amend or change the Listing Content on the Website, except as provided for in this Agreement. Provided that notice is given to the Customer where practicable DomainPorn.com may delete any Listing Content from the Website or refuse to upload any Listing Content to the Website as soon as it becomesaware if: the content of such an Listing Content is not consistent with DomainPorn’s.com reasonable advertising standards from time to time in effect; such Listing Content does or is likely to breach any applicable law or regulation; the Customer has breached any term of this Agreement; any part of the Listing Content is obscene (other than pornographic material), blasphemous, defamatory, or infringes the Intellectual Property Rights of any third party; or if the Customer purports to sell on or otherwise offer any of DomainPorn’s.com Listing Services set out in this Agreement to any third party. DomainPorn.com may move, change the position of, or alter the size of any Listing Content on the Website at any time if DomainPorn.com considers it necessary or desirable to improve the operation or presentation of the Website. Without any limitation to section 5, DomainPorn.com may, without reason at any time after Acceptance, delete any Listing Content. The Customer shall only be liable in respect of Fees up to the date of such deletion.

7.DOMAINPORN.COM WEBSITE

DomainPorn.com makes no representation or warranty that the whole or any part of the Website will be accessible or available for use by all Users and/or the Customer at all times, or that the whole or any part of the Website will be free from error. DomainPorn.com shall at all times retain the right of sole control in respect of the “look and feel” of the areas and sections of the Site which do not consist of Listing Content. The Customer shall notify DomainPorn.com in writing within 48 (forty eight) hours of receipt of any matter or complaint arising out of the uploading of the Listing Content to the Website. DomainPorn.com may suspend temporarily or alter the operation of the Website, for legal or technical reasons without notice to the Customer. DomainPorn.com shall endeavour to notify the Customer by any appropriate method (including by the publication of a general notice on the Website) as far in advance as possible of such temporary suspension or alteration of the operation of the Site, but the Customer acknowledges that prior notice may not always be possible.

8. LIABILITY

(a) Nothing in this Agreement shall exclude or limit either party’s liability to the other party for (i) fraud; (ii) death or personal injury caused by that party’s negligence; (iii) breach of the implied terms as to title as set out in section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; or (iv) any other liability which cannot be excluded or limited by law. (b) Subject to the provisions in clause 8(a) above Propertorio.com shall not be liable to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise for any of the following losses or damages, whether direct or indirect, and even if such losses and/or damages were foreseen, foreseeable or known, or DomainPorn.com was advised of the possibility of them in advance: loss of, damage to or corruption of data; economic loss; loss of actual or anticipated profits; loss of business revenue; loss of anticipated savings;loss of business; loss of opportunity; loss of goodwill; and any indirect, special or consequential loss or damage howsoever caused. (c) Subject always to section 8(a) DomainPorn’s.com maximum aggregate liability in contract, tort (including negligence or breach of statutory duty) or otherwise for any default (or series of related events of default) hereunder and in respect of which the Customer suffers any loss shall be limited to damages which in no event should exceed the amount paid by Customer in the preceding 12 months, pursuant to this Agreement. (d)

Customer accepts full liability for and shall indemnify DomainPorn.com against all losses, claims, damages and expenses incurred by DomainPorn.com in relation to any third party claim arising from the uploading of the Listing Content to the Site, except to the extent that such claim results directly from the negligence of DomainPorn.com, its employees, agents or subcontractors acting within the course of their employment in connection with this Agreement. (e) This section 8 prevails over all other clauses and sets out the entire liability of DomainPorn.com, and the sole and exclusive remedies of the Customer in respect of the performance, non-performance or purported performance of this Agreement or otherwise in relation to this Agreement or the entering into or performance of this Agreement.

9. CONFIDENTIALITY AND PUBLICITY

Neither party shall disclose or pass on any information concerning the existence, contents or circumstances of this Agreement, the business of the other or that of its customers or utilise other than in connection with the affairs of the other for the purpose of this agreement, information, trade or professional secrets of the other and both parties shall use all reasonable endeavours to ensure that their employees and agents and subcontractors involved shall observe these conditions. This provision will not apply to: any information in the public domain other than in breach of this agreement; information already in the possession of the receiving party before its receipt from the disclosing party; information obtained from a third party who is free to divulge the same; disclosure of information which is required by law or other competent authorities; information developed or created by one party independently of the other.

10. NON-EXCLUSIVITY

This Agreement is not an exclusive arrangement between the parties and both parties are free to contract with any other entity providing and/or requiring any service, including services similar to the Advertising Services. The Customer acknowledges and agrees that this Agreement will not constitute, create or give effect to a joint venture, pooling arrangement, principal/agency relationship, partnership or formal business organisation of any kind and the Advertiser will not have the right to bind DomainPorn.com without DomainPorn’s.com express prior written consent.

11. TERMINATION

(a)Either party may terminate this agreement by giving 30 days written notice. The paid money in any case are not refundable unless, as stated in section 5. (b) If the Customer breaches the terms of this agreement or becomes insolvent within the meaning of part I of the Insolvency Act 1986, then this Agreement will terminate with immediate effect. (c) Termination in accordance with this clause 11 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect. Upon termination pursuant to section 11, any agreement with the Customer by which the Customer is licensed to use the Software shall automatically terminate with immediate effect. (d) If this Agreement is terminated according to 11 (a) and (b), the Customer does not have any right to refund of any fees paid.

12. OTHER

(a) The Customer may not deal in any way with this Agreement and/or its rights and obligations under it and may not grant sub-licences. (b) No failure or delay by any party to exercise any right or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right or remedy. All such rights and remedies are several and cumulative and not exclusive of each other. (c) Both parties undertake to comply with the Data Protection Act 1998 and shall procure that its employees, agents and subcontractors shall observe the provisions of the Act (as applicable) or any amendments and re-enactments thereof.

The Customer acknowledges that DomainPorn.com acts as the Customer’s data processor (within the meaning of the Data Protection Act 1998) with respect to the provision of Advertising Services. (d) A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act. (e) If any provision of this Agreement shall be held to any extent to be illegal or unenforceable by any court of competent jurisdiction that provision shall to that extent be deemed not to form part of this Agreement and the remainder of this Agreement shall not be affected. (f) This Agreement sets out the entire agreement and understanding between the parties in respect of the subject matter of this Agreement and supersedes and replaces any understandings and agreements relating to such subject matter. (g) Each of the parties confirms to the other that: it does not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether innocently or negligently made) of any party (whether party to this Agreement or not) which is not set out in this Agreement; and the only remedy available to it in respect of this Agreement or any representations made at any time will be damages for breach of contract. Each of the parties agrees that, for the purposes of the Misrepresentation Act 1967 and the Unfair Contract Terms Act 1977, the provisions of this clause are reasonable. This clause shall be of no effect in relation to a representation or warranty made fraudulently. (h) This Agreement shall be governed by and construed in accordance with English law. The parties agree to submit to the exclusive jurisdiction of the English courts in relation to this Agreement any such document and any such matter. (i) DomainPorn.com offers advertising services to porn website companies or persons and third parties wishing to advertise through banners for their services-products, and reserves the right to refuse advertising from other parties who it reasonably believes not fall into this category. (j) DomainPorn.com reserves the right to vary these terms and conditions on providing you with 30 days written notice.