ImLive.com
Video Chat Live With Experts
Sign Up Login Account/Stats Agent Rules Agent tips

Agent Communications and Advertising Services Agreement


Thank you for your interest in receiving services from ImLive.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 an ImLive.com host 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 ImLive.com services obtained via http://www.ImLive.com (the 'Site'), you shall adhere to the terms of this Agreement with us - Sobonito Investments Ltd. dba ImLive.com (the operator of the Site and Communications Services defined below).

You as an agent ("Agent") will be provided services by ImLive.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 "Hosts" 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 Host's act in accordance with the "Agent-Subhost Agreement" into which you must enter with the Subhost and which must be delivered to ImLive.com.

  1. THE SERVICES: ImLive.com shall provide you and the Subhosts you engage with the following services:

    1. Communications Services: ImLive.com shall provide you with the following communications services (the 'Communications Services'):

      1. Imlive.com shall provide video/audio/text chat communications system ('Chat System') allowing Hosts to chat with persons who choose to receive information/content from them via chat ('Guest'). Via the directory of Hosts (like a phone book that dials for you) located on the Site (the 'Directory'), Guests are able to initiate contact with Hosts (including in scheduled sessions) from whom they wish to receive information/content. Where the Host accepts the Guests into a Host-Guest Chat Session ('HGCS'), internet communications software provided to the Host (the 'Software') enables the Host 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 Host. Up to 3 Guests can be connected to the Host at the same time.

      2. ImLive.com shall provide Host with use of a message center which allow Members to put queries or requests to Hosts and allows Hosts to communicate and provide content/information to Members by text messaging with Members ("Message Center").

      3. Imlive.com shall provide Hosts with platforms and tools which allow Hosts to provide specialized services or to advertise the services Hosts offer to members as a Host ("Message Center").

      ImLive.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.

    2. Advertising Services

      1. Imlive.com may in its absolute discretion advertise the services of Hosts offered generally via the Site and on third party sites. ImLive.com shall decide in its absolute discretion upon the way of promoting the Host on the Site, including, without limitation, the location of the Host within the Directory and elsewhere on the Site, the manner of representation of the Host on the Site and the ranking of the Host in rankings created by ImLive.com on the Site.

      2. Imlive.com may in its absolute discretion advertise a particular Host's services on and off the Site (e.g. - on any other web site) and may in its absolute discretion grant access to third parties (affiliates of ImLive.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 Host.

      (together, the 'Advertising Services')

      (the Advertising Services and the Communications Services, together the "Services")

  2. HOST AGE: Agent represents that all Hosts engaged by Agent are at least 18 years of age and of legal age in Host's jurisdiction (21 years where required under applicable law).

  3. AMENDMENT OF AGREEMENT: ImLive.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 Hosts 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 LOGIN: Persons approved by us to act as Hosts and Agents, shall not be entitled to assign or transfer that eligibility to any other person. Nor shall any Host or Agent provide his or her username/password to any other person. Host or Agent, as the case may be, must immediately inform us of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Agent will remain personally liable for any unauthorized use of the Services.

  5. INFORMATION/CONTENT: Information/content provided by Host via the Communications Services is determined in the Host's (or Agent's) absolute discretion. ImLive.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 Host's HGCS's and as a general matter by your Hosts via the Communications Systems. Agent undertakes to ensure the compliance of Agent's Host's with all of the following -

    1. Host undertakes that all information/content provided by the Host via the Communications Services shall satisfy the local laws and regulations applicable to the Host and to the Guest(s) including in the EU and the United States.

    2. Host shall possess all necessary intellectual property rights, interests, and licenses necessary to allow him/her to present the information/content presented by the Host via the Communications Services.

    3. Host 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.

    4. Host shall not cause the image of any other person (excepting other persons who are registered as hosts with ImLive.com) to be transmitted via the Communications Services.

    5. Without derogating from the requirement that all users of Communications Services (Hosts 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 Host's community, or the community of Guest/s. ImLive.com strongly suggests that Host consults a local attorney at law in order to get advice on where Host's community draws the line on obscenity ('Forbidden Content'). The following also constitutes 'Forbidden Content': defamatory, abusive, threatening, racially offensive, or illegal material. If ImLive.com suspects that Host has provided Forbidden Content via the Communications Services or has allowed Forbidden Content on an HGCS, Host's account will be frozen immediately for further investigation and the Host faces permanent termination, cancellation and forfeiture of all credits from ImLive.com.

    6. Host has no obligation to ImLive.com or anyone else to perform as a Host 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 IMLIVE.COM

    1. ImLive.com's advance approval is required in order to act as a Host. Such approval is within the absolute discretion of ImLive.com.

    2. ImLive.com may request at any time, and Agent and Host will be obligated to provide ImLive.com with any required document including but not excluding: legally identifying identification documents, which prove the Host’s age and a signed copy of this Agreement. In any case Host and Agent do not provide ImLive.com with requested documents, Host and Agent face immediate and permanent termination, cancellation and forfeiture of all credits from ImLive.com. Agent hereby agrees that if Host provides ImLive.com with false identification regarding his/her name and/or date of birth, Agent and Host will not hold ImLive.com liable, under any circumstances, as Host and Agent understands that this identification was accepted in good faith and to ensure that Host is at least 18 years of age or age of majority in Host’s country ('Falsification of Documents'). In the event that ImLive.com suspects that Host or Agent has provided false documents, Agent's and/or Host's account will be frozen immediately for further investigation and the Agent and Host face permanent termination, cancellation and forfeiture of all credits from ImLive.com.

    3. If ImLive.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 ImLive.com.

  7. CERTAIN OBLIGATIONS OF HOST
    1. The Agent and Agent's Hosts shall be subject mutatis mutandis to the Terms and Conditions of the Site. The Agent and Hosts 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 Hosts. 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.

    2. Agent and Hosts shall not use the Communications Services or any of 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 ImLive.com and the Agent and Hosts. Agent and Hosts 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.

    3. Agent and Hosts 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 ImLive.com's payment system. Host 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 Hosts.

    4. Under no circumstances will Agent and/or Hosts make use of IMLIVE.COM services in any way, to request or procure financial help and/or assistance and/or payment of any kind.

    5. Under no circumstances will Agent and/or Hosts 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.

    6. Agent and Hosts shall not transmit emails promoting ImLive.com or the Host's activities on ImLive.com other than emails sent via ImLive.com. Agent agrees that neither Agent nor Hosts shall procure or encourage the transmission by any third party of emails promoting ImLive.com or the Host's activities on ImLive.com ('Forbidden Emailing Activities'). If ImLive.com suspects that Agent or Host is engaged directly or indirectly in such emailing activities, Agent and/or Host's account will be frozen immediately for further investigation and the Agent and/or Host faces permanent termination, cancellation and forfeiture of all credits from ImLive.com.

  8. HOST & IMLIVE.COM RELATIONS
    1. Relationship Between Agent and ImLive.com: ImLive.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. Host shall not present himself/herself as an employee or any other kind of representative of ImLive.com. ImLive.com has no legal relationship with Hosts.

    2. Agent and Hosts must open all emails sent to them by ImLive.com in order to be updated regarding important items related to the Communications and Advertising Services. Agent and Hosts must regularly check agent page and host pages, respectively, in order to be updated regarding important items related to the Communications and Advertising Services.

    3. ImLive.com will be entitled to perform occasional monitoring, at its own discretion, of the activities of the Hosts via the Communications Services. This allows ImLive.com, inter alia, to analyze and develop methods for improving services to all of its hosts and Members.

  9. LICENSE: Agent hereby grants ImLive.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 Hosts held by ImLive.com. The said license includes without limitation the right to copy, 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 (e.g. - on any other web site) and for purposes of providing third parties with promotional materials or for any other purposes. It is hereby clarified that upon termination of this Agreement, by either party, ImLive.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 ImLive.com site, without the prior written consent of ImLive.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 Live Sex Chat, see "Agent Sources of Income" immediately below. For Live Sex Chat go to "Agent Sources of Income for Sexual Stress Relief Category" further below.) It is hereby clarified that ImLive.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 Hosts. 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.

    1. Payments to Agent are dependent upon receipt of payment from specific Guests to whom Host provided service. To the extent a Guest does not pay for the services provided by Host 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.

    2. All Payments are aggregated and processed through a third party and will be transferred to Agent only upon receipt from the third party processor.

    3. Payments and deduction from payments are made as described and specified in Agent Income Sources. It is hereby clarified that ImLive.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.

    4. Agent is able to check the ImLive.com records regarding a Host's performance and credits. It is hereby clarified that only the ImLive.com records shall determine the credits and payments to which the Agent is entitled. ImLive.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.

    5. ImLive.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 ImLive.com's records shall determine the validity and the amounts of credits and payments, which the Agent is entitled to receive from ImLive.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 ImLive.com by Agent, for the purpose of receiving payments from ImLive.com. It is hereby clarified that ImLive.com will not resend or transfer payments, nor will it be responsible for payments, in cases of wrong addresses or wrong account details.

    6. 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 live sex chat category):

    1. What is your Revenue Sharing?

      For every dollar spent in your Hosts' HGCS (whether Video Chat or non-Video Chat), for a tutorial, for an answer in Q&A or for other of your materials, you get 50%. If Host brings a new client into the system, Agent receives 60% of what he spends while chatting with Host.

    2. Chat - How is your rate-per-minute determined?

      When you sign-up a new Host, that Host can chat with ImLive.com Guests for 0.98 Imlive Credits, 1.98 Imlive Credits, 2.80 Imlive Credits or 3.80 Imlive Credits per minute. Hosts with at least 4.1 stars are also able to charge per minute for a chat: 4.80 Imlive Credits, 5.80 Imlive Credits, 6.80 Imlive Credits, 7.80 Imlive Credits, 8.80 Imlive Credits or 9.80 Imlive Credits. Hosts do not have to charge Guests for the highest per-minute-charge. A Guest, who begins a chat with a Host 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 Host gives a Guest a Discount. New rates are relevant only to new chats initiated after the rate change.

      The Agent is paid $1 USD per every single Imlive Credit in their Hosts’ earnings. For the purpose of this agreement any cost and/or fine and/or penalty mentioned in this agreement, 1 ImLive credit equals $1 USD and vice versa.

    3. 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.

    4. 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 ImLive.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 ImLive.com systems.

    5. Rating System

      The higher your Hosts' ratings are - the more Guests can be charged for HGCS. Host's rating (number of stars) will be visible on Host Profile. Please note that ImLive.com may, at its own and sole discretion, decide upon the rating system and calculation methods.

    6. What is a Happy Hour Video Chat Host?

      Happy Hour Video Chat Hosts are entitled to a fixed rate of payment per hour, regardless of how long they Video Chat (since the hourly rate is based only on time the Host is online and available for Video Chat). Further details are available on the Site.

    7. What are 30 minute and 60 minute Sessions?

      1. Host can choose to offer Guests a 30 minute or a 60 minute session. In case Host 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 Host is not responsible for the termination of the session before it was completed as planned and in case Host 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 Host 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.

    8. Discounts

      Host 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 Host's sole discretion. Discounts are either 0.30 or 0.60 ImLive Credits 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.

    9. 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. ImLive.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 ImLive.com. You can also choose to wait for payment until your earnings reach a minimum of $100 or $500.

    10. What is the method of payment?

      ImLive offers two forms of payment: transfer of funds to agent's ePassporte account or by check. ImLive 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, ImLive 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!!!

      Alternately, you may choose to receive 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 ImLive Customer Service to arrange for payment through your existing ePassporte account. ImLive.com may change the methods of payments at its own and sole discretion.

    11. 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.



    12. 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 Host.

      • Any refund given to your Guest.

      • Any charge back - for any previous charge that was not accepted (Guest's credit card).

    13. 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 ImLive.com system.

  12. SEXUAL STRESS RELIEF CATEGORY – SPECIAL PROVISIONS: Agent undertakes to ensure the compliance of Agent's Host's with all of the following -

    1. Sexually explicit content/information is only allowed in HGCS's and Host Promotional Platform content provided for Members entering via "Live Sex Chat".

    2. ImLive.com prohibits minors from acting as hosts in all cases and is particularly concerned to prevent minors from acting as Hosts in the category of "Live Sex Chat." We must be provided by you with copies of identification documents – passport, driver's license, or similar ID which indicate that Host has reached his/her legal majority and a list of other names (aliases or stage names) used by the Host. Hosts located in the US must provide US documents.

    3. Legible copies of such materials must be provided to ImLive.com in the manner Agent is instructed by ImLive.com before approval of Host and from time to time.

    4. 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 HOSTS 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.

    5. Host shall not attempt to portray himself/herself as someone under the age of 18. Host will not portray himself/herself as a "teenager", unless Host 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.

    6. It is strictly prohibited to transmit Forbidden Content (as defined above) via the Communications Services. If ImLive.com suspects that Host has transmitted Forbidden Content via the Communications Services, Agent's and/or Host's account will be frozen immediately for further investigation and the Agent and/or Host faces permanent termination, cancellation and forfeiture of all credits from ImLive.com.

  13. SEXUAL STRESS RELIEF: HOST SOURCES OF INCOME

    1. How is your rate-per-minute determined?

      Non-Video Chat is not charged for in the Live Sex Chat category so HGCS here refers only to Video Chat. You will receive 30% of what your Hosts' Guests pay for every minute in HGCS and 30% of what Guests/users pay for viewing Hosts' videos and/or other materials as described on the Site. You will receive 35% of what your 'Hall Of Fame' Hosts' ,'Veteran' Hosts' and Celeb Hosts' (as defined by the site) Guests pay for every minute in HGCS and 35% of what Guests/users pay for viewing 'Hall Of Fame' Hosts, 'Veteran' Hosts' and Celeb Hosts' (as defined by the site) videos and/or other materials as described on the Site. When you sign-up a new Host, the Host can chat with ImLive.com Guests for 0.98 Imlive Credits, during the first 90 minutes. After the first 90 minutes prices may vary from 1.98 Imlive Credits to 4.80 Imlive Credits per minute, according to what you and the Host decide to charge and the rating the Host is given by your Video Chat Guests. Host does not have to charge Guests for the highest per-minute-charge. A Guest, who begins a chat with a Host 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 Host gives a Guest a Discount. New rates are relevant only to new chats initiated after the rate change.

    2. 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 ImLive.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 ImLive.com systems.

    3. Rating System

      The higher your Host's rating is - the more Host can charge Guests for HGCS as well as for videos and other materials. Host rating (number of stars) will be visible on your Host Profile. Please note that ImLive.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 Imlive Credit
      Over 90 minutes
      Rating Charge per Minute
      0 - 1.9 stars 1.98 Imlive Credit
      2 - 3 stars 2.80 Imlive Credit
      3.1 – 4 stars 3.80 Imlive Credit
      4.1 – 5 stars 4.80 Imlive Credit


    4. What is a Happy Hour Video Chat Host?

      Agents of Happy Hour Video Chat Hosts (does not apply to Celebrity Porn Star Host) are entitled to 10 ImLive Credits an hour (20 Imlive Credits per hour for Hall of Fame Hosts), regardless of how long they Video Chat (since the hourly rate is based only on time the Host is online and available for Video Chat). Happy Hour Video Chat Hosts are Hosts 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) Hosts at a time may serve as Happy Hour Video Chat Hosts. When applying for a Happy Hour Video Chat Host, Host must have no Guests at all on any of its HGCS. Happy Hour Video Chat Hosts get special promotion on the site. Guests chatting with Happy Hour Video Chat Hosts will pay 1.48 Imlive Credits per minute. Happy Hour Hosts are required to adhere to a predetermined online schedule, and must be available to accept Guests. Happy Hour Hosts, which are online, are paid for the Happy Hour even if there is no Guest on the HGCS, therefore if it is brought to ImLive.com's attention that a Host is not actually available in the Video Chat room during a Happy Hour although Host is online, Agent and/or Host account may be terminated and all earnings forfeited and/or Agent will be fined 100 Imlive Credits for each Happy Hour in which Host was not fully available.

    5. What are 30 minutes and 60 minutes Sessions?

      Host can choose to offer Guests a 30 minute or a 60 minute session. In case Host provided a full session, Agent is entitled to the following:

      1. 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 Host is not responsible for the termination of the session before it was completed as planned and in case Host 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 Host 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.

    6. Discounts

      After Host's first 90 minutes of HGCS, Agent and Host 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 Host's sole discretion. Discounts are either 0.30 Imlive Credit or 0.60 Imlive Credit 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.

    7. What is your Revenue Sharing?

      For every ImLive Credit spent in your Host's HGCS, Agent gets 30% for regular hosts and 35% for 'Hall Of Fame' Hosts or 'Veteran' Hosts or Celeb Hosts (as defined by the site). If Agent's regular Host brings a new client into the system, Agent receives 60% of what he spends while chatting with the same Host. Hosts get paid 1 USD per every single ImLive Credit in their earnings. For the purpose of this agreement any cost and/or fine and/or penalty mentioned in this agreement, 1 ImLive credit equals 1 USD and vice versa.

    8. 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. ImLive.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 ImLive.com. You can also choose to wait for payment until your earnings reach a minimum of $500.

    9. What is the method of payment?

      ImLive offers two forms of payment: transfer of funds to agent's Epassporte account or by check. ImLive 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, ImLive 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 ImLive Customer Service to arrange for payment through your existing epassporte account. ImLive.com may change the methods of payments at its own and sole discretion.

    10. 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:

      1. The cost of the shipping ($30) will be deducted from your earnings;

      2. You must provide a valid name and address (full address: City, Country, Zip code) and NOT a P.O. Box address;

      3. You must provide your phone number; and

      4. Your minimum check amount must be at least $100.

    11. The following transactions will remove and deduct money from your account:

      1. A $3.00 penalty for kicking out a guest from a 30 or 60-minute session you approved.

      2. Any refund given to your Guest.

      3. Any charge back - for any previous charge that was not accepted (Guest's credit card).

    12. 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 ImLive.com system.

    13. 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.

  14. THIRD PARTY PRODUCTS: You understand that products which may be made available or sold on the Site are not manufactured by ImLive.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 IMLIVE.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.

  15. 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.

  16. 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, OR INABILITY TO USE, THE SERVICES, THE SITE AND THE SOFTWARE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE OR THE SOFTWARE OR YOU HAVE ANY DISPUTE WITH US IN CONNECTION WITH THE SAME OR THESE TERMS OF USE THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES AND THE SITE AND UNINSTALL THE SOFTWARE.

  17. THIRD PARTY LINKS AND PRODUCTS VIA OR IN CONNECTION WITH SERVICES AND THE SITE WE MAY PROVIDE YOU WITH LINKS TO SITES, AND OFFERS FOR PRODUCTS AND SERVICES, OF THIRD PARTIES. WE HAVE NO CONTROL OVER SUCH SITES OR OVER SUCH PRODUCTS AND SERVICES. WE ARE NOT RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY SITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES. NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.

  18. INDEMNIFICATION: Agent shall indemnify and hold ImLive.com, the owners, operators and suppliers of ImLive.com as well as their officers, directors and employees (collectively "Indemnified Parties") harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Indemnified Parties in connection with any claims of any kind, that result directly or indirectly from the Agent's or Agent's Hosts' activities in connection with ImLive.com including without limitation via the Communications System. Such claims shall include, without limitation, claims in respect of any violation of law in an HGCS (or in the content/information transmitted in the HGCS) by a Host or any participant, claims of infringements of the intellectual property rights of any third party or claims that the Agent or any of Agent's Hosts is or was an employee of ImLive.com.

  19. BREACH AND TERMINATION: Both Agent and ImLive.com may terminate this Agreement at will subject to the fulfillment of all liabilities and/or remaining obligations to the other party. In the event of a material breach of this Agreement, such as Forbidden Emailing Activities, transmission of Forbidden Content, Falsification of Document, fraud or any other illegal activity, ImLive.com reserves the right to freeze the Agent's and Hosts' account immediately for further investigation and the Agent and Host faces permanent termination, cancellation and forfeiture of all credits from ImLive.com.

  20. PENALTIES: Without derogating from the Site's right to terminate this Agreement with Agent, the Site reserves the right to fine or otherwise penalize the Agent including without limitation by forfeiture of outstanding or future credits/earnings in any case in which the Site determines that the Agent or one or more of Agent's Hosts has violated this Service Agreement, the terms of use of the Site and/or any instructions given by the Site to the Agent or to Agent's Hosts. Moreover, any Host promoting a third party site to guests of the Site may cause the penalization of her Agent by the Site of up to US$5,000 at its discretion.

  21. CONFIDENTIALITY: Agent shall keep in strict confidence any and all materials and information regarding the ImLive.com technological systems and business, commercial and marketing methods and trade secrets. This provision shall survive termination of this Agreement by either party.

  22. SEVERABILITY To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms of Use is/are unenforceable, the other terms of this Agreement will continue in full force and effect.

  23. WAIVER No employee, agent or representative, including without representation a customer service representative, of ours shall be entitled to waive any term of this Agreement.
  24. HEADERS Headers of sections in this Agreement are included for convenience only and shall not be used to interpret these the Agreement.

Terms of Use
© 2008 ImLive.com All Rights Reserved