Model Commission Agreement ("Agreement"). This Agreement sets forth the terms and conditions under which Deviant Nation makes the Model Commission Program ("Model Program") available to you. By becoming a Deviant Nation Model and using the Model Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Model Program.

Deviant Nation reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Deviant Nation Web Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Model Program. Your continued participation in the Model Program following posting of a change notice or new agreement on the Deviant Nation Web Site will constitute binding acceptance of the changes.

1.1 The Deviant Nation Terms of Service and the Deviant Nation Privacy Policy are incorporated herein by this reference. As an Model you will continue to be bound by the Deviant Nation Terms of Service and the Deviant Nation Privacy Policy.

1.2 To take advantage of the Model Program, you must be an existing Deviant Nation model, regardless if you have any sets published on Deviant Nation.

2.1 References to “this Agreement” include incorporation of the following; (i) this Model Commission Agreement, (ii) any additional or different terms specifically applicable to membership in any Network.

2.2 The following terms have the meanings indicated: a. Link includes: Any software, software code, programming or other technology or method (or any combination of the foregoing) that (i) creates a hyperlink between two Websites. b. Deviant Nation Network includes: Any Model marketing network now or hereafter operated by Deviant Nation or by a corporate Model of Deviant Nation, including the Model marketing networks that Deviant Nation currently operates under any service names of Deviant Nation Network.

3.1 Exclusive vs. Non-Exclusive models . Models who wish to be exclusive models of Deviant Nation will be granted a larger commission rate than non-exclusive models. This commission will be agreed upon at the time the model notifies Deviant Nation that they wish to be exclusive to Deviant Nation’s website.

3.2 Termination of Exclusivity . Termination of exclusivity will automatically convert your commissions to non-exclusive paid commission rate listed below.

3.3 Multi-Month Subscriptions are defined as:

a. 3 Month Subscription ($23.99)

b. 6 Month Subscription ($35.99)

c. 12 Month Subscription ($59.99)

a. 3 Month Subscription ($23.99) = $6 Commission

b. 6 Month Subscription ($35.99) = $9 Commission

c. 12 Month Subscription ($59.99) = $15 Commission

a. New Sign up one time payment ($9.99) = $5 Commission

b. Re-occurring monthly membership dues ($9.99) = $1 Commission x # of members referred. (100 members referred = $100 a month in commission)

4.1 Payment . Commission will be automatically calculated in real time, and you can login to your account to check how much commission you have earned. Deviant Nation will mail checks by the 15th working day of each quarter, if the balance is equal to or greater than $100. If the balance is less than $100, the balance will carry over to the next quarter until such time that the balance is equal to or greater than $100. All amounts are stated in and all payments will be made in US funds.

4.2 Current Information . You agree to keep payment address and complete contact information, including telephone number and e-mail address, up-to-date in your account profile If you fail to keep this information current and complete you cannot hold Deviant Nation responsible for late or misdirected payment of earned commission.

4.3 Charge Backs. If a purchase that generated a referral fee is reversed (charged back) on the customer's credit card by the customer, Deviant Nation will deduct the corresponding fee from your next payment.

5.1 Your commissions depend on your contribution to the website, and if at any time you stop contributing to the community, this agreement may be terminated.

Activity is defined as:

a. Updating your journal and responding to member’s comments.

b. Participating in Deviant Nation’s forums by posting new threads or responding to existing threads.

c. Submitting your own new sets or shooting new sets with a Deviant Nation photographer.

6.1 Definition of Confidential Information . Confidential Information means any information, technical data, or know-how, including but not limited to, that which relates to research, product plans, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing or finances of the Deviant Nation, which all shall be deemed as Confidential Information.  Confidential Information does not include information, technical data or know how which (i) is in the possession of the receiving party at the time of disclosure as shown by the receiving party’s files and records immediately prior to the time of disclosure, or (ii) prior to or after the time of disclosure becomes part of the public knowledge or literature other than as a result of any improper inaction or action of the Recipient or, (iii) is approved by the Company, in writing, for release.

6.2 Nondisclosure of Confidential Information . The Recipient agrees not to use any Confidential Information disclosed to it by the Company for its own use of for any purpose other then to carry out discussions concerning, and the undertaking of the Relationship. The Recipient will not disclose any Confidential Information of the Company to parties outside the Relationship or to employees of the Recipient other than employees or agents under appropriate burden of confidentiality and who are required to have the information in order to carry our the discussions regarding the Relationship. The Recipient agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Deviant Nation in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information. Such measures shall include the highest degree of care that the receiving party utilizes to protect its own Confidential Information of a similar nature. The Recipient agrees to notify the Company in writing of any misuse or misappropriation of Confidential Information of the disclosing party, which may come to the receiving party’s attention.

7.1 Term . The term of this Agreement will begin upon Deviant Nation’s acceptance of your Model Program application and will end when terminated by either party. When you resign from the site, this agreement will terminate.

7.2 Termination . Either You or Deviant Nation, by giving the other party notice, may, at any time and with or without cause, terminate this Agreement. Upon any termination of this Agreement: (1)You shall no longer be entitled to use any Network; (2) Licenses and rights granted to You hereunder shall terminate; (3) You shall immediately return or destroy all confidential information and trade secrets of Deviant Nation in the possession or control of You or any of Your employees, representatives, or agents.

7.3 All rights or remedies arising out of a breach of any terms of this Agreement shall survive any termination of this Agreement or Your participation in any Network. Your representations and warranties in this Agreement shall survive execution, delivery, acceptance, performance, expiration or termination of this Agreement. In addition, the provisions of this Agreement which, by their nature, should survive expiration or termination of this Agreement or Your participation in any Agreement shall survive expiration or any termination of this Agreement.

7.4 Indemnification. You agree to indemnify and hold harmless Deviant Nation and the other Released Persons for and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) that directly or indirectly arise out of or are based on (i) any misrepresentation or breach of any warranty, covenant or agreement made by You in this Agreement or any Engagement, (ii) operation of any of Your Site(s), (iii) any violation by You of any law, regulation or rule, (iv) Your use of any Network, (v) any claim related to any of Your Site(s), Your acts or omissions, Your participation in any Network or any Program, any Content, goods or services offered, sold or otherwise made available by You to any person, or Your acts or omissions in using, displaying or distributing any Links obtained or formed through any Network, (vi) any claim that Deviant Nation is obligated to pay tax obligations in connection with compensation paid to You pursuant to any such pogrom, (vii) any violation or alleged violation by You of any rights of another, including Your use of any Content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Your Site(s) or (viii) any claim of any violation by Deviant Nation or any other Released Person of any law, rule or regulation that is a direct or indirect result of Your use of any Network or the provision of Deviant Nation gathering or storage of data or tracking, reporting or other services, other than any knowing and intentional violation by Deviant Nation or other such Released Person. Deviant Nation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations. Deviant Nation shall have the right to participate in the defense of all claims as to which it does not assume defense and control, and you shall not settle any such claim without Deviant Nation’s prior written content. You also agree to indemnify Deviant Nation for any reasonable legal fees or other costs incurred by Deviant Nation acting reasonably, in investigating or enforcing its rights under this Agreement.

8.1 Independent Contractors. Model is an independent contractor, not Deviant Nation’s employee and nothing in this Agreement shall confer upon either party any authority to obligate or bind the other in any respect. Neither this Agreement nor any course of dealing between the parties shall confer upon you any exclusive right with respect to any Deviant Nation’s software or services.

9.1 Force Majeure. Deviant Nation shall not be liable to you by reason of any failure or delay in the performance of its obligations here under on account of, including but not limited to, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet access, or any other cause which is beyond the reasonable control of Deviant Nation.

10.1 Assign ability . Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect.

10.2 Deviant Nation may assign this Agreement to any successor, Model or assign. If Deviant Nation sells or otherwise transfers ownership of any Network to any corporate Model of Deviant Nation, a joint venture in which Deviant Nation has an equity interest, or an entity which licenses Deviant Nation technology or any other third party, then the rights, obligations and liabilities of Deviant Nation under this Agreement shall transfer to the third party. This Agreement, insofar as it relates to other Networks shall continue in effect as binding obligations of you and Deviant Nation.

10.3 Severability. If any provisions of this Agreement, or its application to any person or circumstances, is held by a court with jurisdiction to be invalid or unenforceable, the remaining provisions hereof, or the application of such provision to persons or circumstances other than those as to which it has been held invalid or unenforceable, shall remain in full force and effect. If any provision of this Agreement shall be judicially unenforceable in any jurisdiction, such provision shall not be affected with respect to any other jurisdiction.

11.1 Governing Law . This Agreement shall be governed by the law of the State of California.

11.2 Consent to Jurisdiction . Each party consent to the jurisdiction of the Federal and California courts and agrees to commence any litigation hereunder in one of those courts.

11.3 If any provision of this Agreement is or shall become inconsistent with or unenforceable under any provision of applicable law that may be waived or the applicability of which may otherwise be varied or excluded by You or by You and Deviant Nation, then you and Deviant Nation hereby waive or exclude the applicability of such provision of law.

11.4 The parties agree that the provisions of the Uniform Computer Information Transaction Act, as it may have been or hereafter may be in effect in any jurisdiction, shall not apply to this Agreement or any course of dealing between the parties.

12.1 Modification. You understand that the Deviant Nation reserves the right to modify the Model Commission Contract at any time.

13.1 You agree that any controversy between you and Deviant Nation directly or indirectly arising out of or relating in any way to this Agreement or any Network or Program (including the performance, construction or breach of this Agreement) shall be submitted to and finally settled by binding arbitration before a single arbitrator reasonably satisfactory to both parties in accordance with the commercial arbitration rules of the American Arbitration Association then in effect. Any such controversy or claim so submitted to arbitration shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any third party. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction. Either You or Deviant Nation may seek any interim or preliminary injunctive relief from a court of competent jurisdiction in California necessary to protect its rights or property pending the completion of arbitration. If you are not residing in the United States at the time of any such controversy or claim, you agree to the following additional provisions:

(i) You waive any objection to the place designated above for the arbitration.

(ii) You agree to the personal jurisdiction and venue of the federal and state courts sitting in the California, U.S.A. to interpret and enforce the arbitration provisions of this Agreement; and

(iii) All arbitrations shall be held in the English language.

(i) The decision in the arbitration shall be final and binding on the parties;

(ii) Except as provided above as to injunctive relief, you are waiving your right to seek remedies in court, including the right to jury trial; and

(iii) Any party’s right to appeal or to seek modification of rulings by the arbitrator is strictly limited.

14.1 You acknowledge (1) Reading, (2) Understanding, and (3) Receiving a copy of this agreement. By your signature below, you agree to the terms, conditions, and content expressed herein.