YOU ARE ALREADY, OR CAN EASILY BE, 2257 COMPLIANT PROMOTING RevenueGold !
ALL sites under the RevenueGold program carry, without exception, the prescribed statement - 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement - describing the details of the location and custodian of records as they pertain to the new 2257 regulations. This link statement will be on the main, join and members index pages of EVERY site, EVERY free hosted gallery, EVERY free hosted free site, EVERY free hosted model teaser page and any other material where deemed required.
This link, EXACTLY as worded above, can ALSO be used by ANY RevenueGold Affiliate on pages using our provided marketing material and directly linked to either our sites and/or our marketing material as hosted by you. It is our stated opinion that it at ALL times remains OUR responsibility to maintain such records as required for compliance.
Our current 2257 statement for surfers is readily provided on ALL marketing material and on ALL front pages, join pages AND members areas for ALL sites and should be used by ANY affiliate using marketing material that we have provided on their own hosting. The statement is linked to, and can be viewed at: http://www.revenuegold.com/2257.html
Everyone by now is undoubtedly aware of the proposed new 2257 regulations, that until the granting of the recent injunction, were due to take effect on 23 June 2005.
Over the last couple of months, RevenueGold have been diligently working with our lawyers to make sure your interests are protected under the new 2257 provisions, and that all angles of these new rules have been analyzed to ensure you can still pay your bills as a RevenueGold affiliate.
We continue to work with our dedicated team of expert legal counsel across the globe to ensure that our approach is consistent with the changing environment within which we all make our living.
In answer to the many questions we have received regarding the new 2257 regulations and how they may, or may not, affect you as an affiliate, here is an update based on the information we have to date and our actions in respect to that information as at this date. Back to Top
Following is our statement regarding USC code 2257. Please understand that all information in this document is the opinion of RevenueGold and is based on OUR obligations under USC code 2257. It is your responsibility to obtain your own independent legal advice with regard to your obligations under USC code 2257and to satisfy yourself of your obligations.
The new 2257 regulations are of great concern to RevenueGold - even though RevenueGold is based in Singapore and our content is almost exclusively produced by us in Australia, so our sites are not directly affected, because we operate in total compliance with the laws in force in both of those jurisdictions.
Many of our affiliates on the other hand, using our provided content to promote our sites, may feel that they have certain obligations, and again, we urge and encourage you to seek your own advice as may be pertinent to your own unique set of circumstances.
It is our opinion that despite General Gonzalez efforts at reviving the concept of Âsecondary producers in the most recent version of regulations in support of 18 U.S.C. § 2257, the concept is not supported by the statute itself. The only case addressing the issue, Sundance Assocs. Inc. vs.. Reno, 139 F.3d 804, 807 (10th Cir.1998), held that the Âsecondary producer requirements of the regulations to be unconstitutional. We could choose to solely rely on that holding, and further decline to violate the privacy of the performing artists by disseminating private data when not required to do so by law, but have chosen instead to seek the high ground and move towards appropriate compliance levels.
Our concern centers solely on an very important part of our business - you, our valued affiliate. Therefore we are doing our utmost to comply as completely as is possible, while maintaining compliance with the laws of the countries in which our business is centered. It must be remembered that one of the cornerstones of the application of international law is that the laws of one country cannot force one to breach the laws of another country in which they
You would be aware that, even though we have openly questioned the motives of an alleged industry wide protective body in closing membership for the purposes of this fight with 2257 legislators, we fully support the principle of the Free Speech Coalition's (FSC) court application, which has resulted in a temporary restraining order on the new 2257 regulations (more at http://www.freespeechcoalition.com/2257info.htm). It is our understanding that If anyone NOT a member of the FSC is pulled up whilst the restraint is in place, they can legally rest as a defense on the outcome of that FSC case before their own becomes relevant.
Like you, we are awaiting the final outcome of this legal ruling, although whatever that ruling may be, we plan on being fully compliant within the scope of our corporate obligations and the most appropriate application of our obligations to our affiliates.
It should also be remember that the stated purpose of the new 2257 regulations is the prevention of Child Pornography. The key industry body involved in the tracking, reporting and prevention of Child Pornography and Abuse, the Association of Sites Advocating Child Protection (ASACP) have themselves stated unequivocally that the new statutes "will do nothing to stop child pornography (more at http://asacp.org/press/pr062405.html). One of the fundamental precepts of statute law, no matter WHAT country from which they may evolve, is expressed as the "Golden Rule" - what exactly were the legislators seeking to prevent in framing such legislation. On that basis alone the application of the new 2257 regulations could be deemed legally flawed.
It is our opinion that it remains SOLELY our responsibility to obtain, record and maintain ALL of the necessary identification, age verification and model release documentation for ALL of the content we have in our members areas and that we provide affiliates for marketing purposes, and to have those records accessible upon proper and legally justified request to the appropriate authorities. Back to Top
You can be 100% confident that ALL of our exclusive and original content is compliant and that RevenueGold as an organization always has, is now, and always will be, firmly committed to the collection and maintenance of lawful records relating to the subjects of any material produced and/or used.
RevenueGold, as primary producer for by far the majority of our content and as secondary producer for the rest, has always obtained a clean record of all it's model identifications and releases. For this very reason, ALL of our sites, our provided marketing material for affiliates, and ALL sites members area will remain intact and UNCHANGED for 2257 purposes.
To wit:
I have been actively reviewing the changes to 2257 with the impacts of the RevenueGold program and their affiliates as well as the developments from recent times. Webmasters will not see any changes to the RevenueGold program and the surfers will continue to have access to the hottest original and exclusive content on the net. The RevenueGold program, and all sites under that program hosted by RevenueGold, have all necessary documentation for 2257 compliance. As webmasters, you can count on them today, tomorrow, and long into the future to provide your surfers with what they are looking for and therefore you with a sponsor you can use and trust.
Chad.L.Belville
Attorney at Law
4500 South Lakeshore Drive
Suite 515
Tempe, Arizona 85282
U.S.A.
http://www.AdminServicesInternational.com
Again we reiterate, for your information, our current 2257 statement for surfers is readily provided on ALL marketing material and on ALL front pages, join pages AND members areas for ALL sites and should be used by ANY affiliate using marketing material that we have provided on their own hosting. The statement is linked to, and can be viewed at:
http://www.RevenueGold.com/2257.html
Back to Top
We have been working with our Lawyers on the basis that is was of CRITICAL importance that BOTH US affiliates and non-US affiliates had CHOICES, and that everybody that wants to be, can be 2257 compliant to a level that suits their own individual set of circumstances.
RevenueGold have always provided webmasters with non sexually explicit free content. Anybody is welcome to use it to promote our sites. We understand that some people only want to advertise with softcore content, so this has always been part of our solution for affiliates.
Non sexually explicit to us means no:
All our current hosted model teaser pages (over 2000 and growing) are automatically compliant by definition as they are softcore by nature and provide probably the easiest way for you to deal with the new 2257 laws if 100% total compliance to the current proposals is the best path for you to follow.
So long as free hosted free sites and galleries in the RevenueGold program are served from our domains on servers and therefore which operate as independent websites, if you simply link to either our free hosted galleries, model teaser pages or free hosted free sites, you are not, in our opinion, a Secondary Producer of that content according to 2257.
Using our sites as exit consoles or pop-ups of any description also then fall in under those provisions and are fine for you to use in our opinion.
In the main, ALL RevenueGold promotional tools which are both sexually explicit and non sexually explicit is provided on our domains on our servers as independent websites from ANY that you may operate.
So basically, it is our opinion that you can use ANY material that is hosted (served) by RevenueGold. If the URL is owned by us, then the material on that page is OUR responsibility, NOT yours. The easiest test is to look at the address bar at the top of the page - if it is our domain (any that is not on one of your domains), it is not your responsibility for maintaining records for material on that page. If the URL belongs to you, the affiliate, then it is YOUR responsibility for material on that page. Keep in mind that as always, you should only give access to sexually explicit material to age-verified surfers and that you should probably not draw our hosted material into your site using framesets or the like to remain fully compliant yourself.
We also have always provided hardcore content as defined by the above definition. We ONLY use content that we have FULL documentation for and which is FULLY compliant with the 2257 regulations. In the event of ANY affiliate being questioned for 2257 compliance by any relevant authorities, we will remain fully accessible to those authorities and the affiliate in question. Remember that it is our opinion that it remains SOLELY our responsibility to obtain, record and maintain ALL of the necessary identification, age verification and model release documentation for ALL of the content we have in our members areas and that we provide affiliates for marketing purposes, and to have those records accessible upon proper and legally justified request to the appropriate authorities.
Regarding banners, we have always and will continue to make non sexually explicit banners for our affiliates that prefer to advertise with softcore content. We have an ever-growing range of banners and advertisements that are not sexually explicit. For now our hardcore banners will also remain, and you are welcome to use them at your OWN DISCRETION. Should you feel the need to swap out your hardcore banners at this time you will find suitable softcore banners in our banner section.
In answer to the many questions we have received regarding the new 2257 regulations and how they may, or may not, affect you as a U.S. affiliate, we have prepared the following FAQ for your benefit. We have worked with numerous legal professionals within the industry to help clarify the implications of these new regulations. Do not hesitate to contact us should you have any further questions.
1. Does RevenueGold need to be compliant with the new 2257 regulations ?
Although RevenueGold is a Singaporean company using content generally produced in Australia and which operates in total compliance of the relevant laws of both countries, we intend to be fully compliant as is appropriate, because we wish to increase the level of comfort of our US based affiliates and give both US and non-US affiliates CHOICES as to their own level of compliance. We always have, and will continue, maintain full and complete records of ALL of our content at our principle place of business, in accordance with the new 2257 regulation's specifications, and in accordance with the laws of the countries from where we operate and where we produce content.
2. Where will RevenueGold contain the required link statement describing the location of the books and records related to 2257 ?
ALL sites under the RevenueGold program will carry, without exception, the prescribed statement - 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement - describing the details of the location and custodian of records as they pertain to the new 2257 regulations. This link statement will be on the main, join and members index pages of EVERY site, EVERY free hosted gallery, EVERY free hosted free site, EVERY free hosted model teaser page and any other material where deemed required.
This link, EXACTLY as worded above, can ALSO be used by ANY RevenueGold Affiliate on pages using our provided marketing material and directly linked to either our sites and/or our marketing material as hosted by you. It remains OUR responsibility to maintain such records as required for compliance.
3. Does an Affiliate sending traffic to RevenueGold have to maintain 2257 records for the content contained in the sites in the RevenueGold network ?
No. The new 2257 regulations ONLY apply to sexually explicit images and videos that reside on the affiliate's server. If you have been using sexually explicit images that was NOT provided directly by RevenueGold to drive traffic to RevenueGold sites for which you do not have the necessary 2257 documentation, you should replace these images immediately. Always keep in mind that as always, you should only give access to sexually explicit material to age-verified surfers.
4. What is considered a sexually explicit image according to US law ?
The law clearly states that the new 2257 regulations only apply to visual depictions of actual sexually explicit conduct, which is defined by the law as:
5. Can I use sexually explicit images that reside on my server to promote RevenueGold sites ?
ANY affiliate using marketing material that we have provided on their own hosting, MUST use our current 2257 statement, without exception, and the full statement (http://www.RevenueGold.com/2257.html) MUST be DIRECTLY linked from the prescribed statement - 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement - on EVERY PAGE on your domain and hosting which uses content provided by RevenueGold.
This link, EXACTLY as worded and linked above, can be used by ANY RevenueGold Affiliate on ALL pages using our provided marketing material and. It remains our advised and stated opinion that it at ALL times remains OUR responsibility to maintain such records as required for compliance.
If you use content from elsewhere on your domain and hosting to promote RevenueGold sites, you will have to comply as best suits your own individual situation, and we recommend you seek expert advice to ensure you take an approach that is commensurate with your own situation.
6. What promotional tools can I use to promote RevenueGold and still comply with the new 2257 regulations ?
All our current hosted model teaser pages (over 2000 and growing) are automatically compliant by definition as they are softcore by nature and provide probably the easiest way for you to deal with the new 2257 laws if 100% total compliance to the current proposals is the best path for you to follow.
So long as free hosted free sites and galleries in the RevenueGold program are served from our domains on servers and therefore which operate as independent websites, if you simply link to either our free hosted galleries, model teaser pages or free hosted free sites, you are not, in our opinion, a Secondary Producer of that content according to 2257.
Using our sites as exit consoles or pop-ups of any description also then fall in under those provisions and are fine for you to use in our opinion.
In the main, ALL RevenueGold promotional tools which are both sexually explicit and non sexually explicit is provided on our domains on our servers as independent websites from ANY that you may operate.
So basically, it is our opinion that you can use ANY material that is hosted (served) by RevenueGold. If the URL is owned by us, then the material on that page is OUR responsibility, NOT yours. The easiest test is to look at the address bar at the top of the page - if it is our domain (any that is not on one of your domains), it is not your responsibility for maintaining records for material on that page. If the URL belongs to you, the affiliate, then it is YOUR responsibility for material on that page. Keep in mind that as always, you should only give access to sexually explicit material to age-verified surfers and that you should probably not draw our hosted material into your site using framesets or the like to remain fully compliant yourself.
We also have always provided hardcore content as defined by the above definition. We ONLY use content that we have FULL documentation for and which is FULLY compliant with the 2257 regulations. In the event of ANY affiliate being questioned for 2257 compliance by any relevant authorities, we will remain fully accessible to those authorities and the affiliate in question. Remember that it is our opinion that it remains SOLELY our responsibility to obtain, record and maintain ALL of the necessary identification, age verification and model release documentation for ALL of the content we have in our members areas and that we provide affiliates for marketing purposes, and to have those records accessible upon proper and legally justified request to the appropriate authorities.
Regarding banners, we have always and will continue to make non sexually explicit banners for our affiliates that prefer to advertise with softcore content. We have an ever-growing range of banners and advertisements that are not sexually explicit. For now our hardcore banners will also remain, and you are welcome to use them at your OWN DISCRETION. Should you feel the need to swap out your hardcore banners at this time you will find suitable softcore banners in our banner section.
Back to Top7. What about promotional tools that RevenueGold serves but I use in a frame on my URL ?
If RevenueGold serve it, then we are responsible for complying with the regulations. However this is a judgment call that you must decide. If the promotional tool is in a pop up and the URL is clearly a RevenueGold owned and/or controlled URL, this creates a very transparent statement of ownership to us, which means the responsibility for compliance remains firmly with the site owner- US.
8. What do I have to do if I am an affiliate who resides outside the United States ?
The RevenueGold approach to the 2257 dilemma has been to ensure that ALL affiliates, REGARDLESS of where they reside and/or domicile their business have CHOICES in respect to their own levels of compliance that suit their OWN individual circumstances.
Non-USA affiliates are not bound by US law - US legal jurisdiction does NOT extend beyond the borders of the USA and US held territories. You may continue to put up new hardcore material on your sites that is hosted by you. Keep in mind that as always, you should only give access to sexually explicit material to age-verified surfers. You must also have permission to post material for which you do not hold the rights to.
9. Will RevenueGold continue to support its affiliate programs ands the affiliates sending RevenueGold traffic ?
ABSOLUTELY ! Our commitment to providing full support and useful, high quality marketing tools to our affiliates remains unchanged. Our key stated objectives are unwavering - to support our affiliates with the best sites, programs and resources available and to continue to provide the highest quality, exclusive, fresh and original adult entertainment that surfers demand.
We will ALWAYS remain available to advise and support our affiliates. Contact us anytime by emailing Webmaster@RevenueGold.com
10. Where can I get advice on my individual situation in regards to the 2257 regulations ?
We use and openly recommend US Attorney Chad Belville for all matters related to 2257, whether you be in the USA or ANYWHERE else, Chad is the "go-to" guy for any adult internet related matter. He is a well-recognized expert in this field.
Chad.L.Belville (ChadKnowsLaw)
Attorney at Law
4500 South Lakeshore Drive
Suite 515
Tempe, Arizona 85282
U.S.A.
http://www.AdminServicesInternational.com or
http://www.ChadKnowsLaw.com
Email: Chad@AdminServicesInternational.com
Phone: +480-649 0077
Fax: +480 649 7320
11. Where can I find more general information and current updates on the 2257 regulations ?
For further information and current updates on the new 2257 regulations, please visit http://www.freespeechcoalition.com/2257info.htm.
12. What if my question is not answered here ?
Simple - shoot WebmasterDan an email at Webmaster@RevenueGold.com and he will provide a speedy response.
|
Mark Posa Custodian of Records Adultshop.com 118 Roe Street Northbridge WA Australia 6003 |
Robert Tepper President CD ROM Distributors, Inc./ RGT Productions/X-COM Productions 300 Oak Street Suite 150 Pembroke, MA 02359 |
Shaw Internet Consultants Custodian of Records 16200 Dallas PArkway #190 Dallas, TX 75248 |
Jim Hancock Custodian of Records 1200 Foster St. #11 Atlanta, GA 30318 |
| Dave Clark Custodian of Record Arsenal Computer - web-legal.com 3613 SE 27th Terrace Topeka, KS 66605 |
Jeff White Custodian of Records Ounique, Inc. 468 North Camden Drive Beverly Hills, CA 90210 |
IBroadcast 207 1/2 1st Avenue South, Suite 300 Seattle, Washington 98104 |
David Lace LLC Custodian of Records 12428 Maxella Ste.438 Marina Del Rey, CA 90292 |
| VS Media INc. Custodian of Records 250 North Westlake Blvd., Ste. 200 Westlake Village, CA 91362 |
Premium Content Custodian of Records: Gail Harris 11271 Ventura Blvd. Suite 314 Studio City, CA 91604 |
Interactive Gallery, Inc. Attn: content coordinator 7007 Winchester Circle, Suite 200 Boulder, CO 80301 |
Bradley Shaw Shaw Internet Consultants, Inc. 17774 Preston Rd. Dallas, TX 75252 |
| Suave Communications 1705 14th Street, Suite 165 Boulder Co 80302 |
Arsenal Computer Inc. P. O. Box 5723 Topeka KS 66605-0723 |
R.Umali VS Media, Inc. 26500 W. Agoura Road, Suite 102-734, Calabasas, CA 91302-2969 |
Interclimax B.V. Hammerstraat 20 2021 JV Amsterdam |
| Grant Foster Custodian of Records iNet Publishing Ltd Unit 3, Block 6 Vestry Trading Estate Sevenoaks TN14 5EL United Kingdom |
Viv Thomas VivThomas.com Ltd Unit 3 13 - 15 Sunbeam Rd North Acton London NW10 6JP United Kingdom |
John Mason The Studio High Street Eynsford Kent DA4 0AA United Kingdom |
Jesse Delia 3759 Gatlin Place Cir Orlando, Fl 32812 |
| Michael Johnson Custodian of Records 9718 Glen Oaks Blvd Sun Valley, CA 91352 |
David Koenig Custodian of Records 23241 Ventura Blvd. #217 Woodland Hills, CA 91364 |
Pleasure Productions 59 Lake Drive P.O. Box 946 Hightstown, NJ 08520 |
Nago-Noj Photography Co., Ltd. Custodian of Records: Jonathan Ogan 42 Soi13, Silom Road Bangkok, 10500 Thailand |
| J & D Entertainment, Inc. Custodian of Records: David Grieshaber 6947 Coal Creek Pkwy. SE Suite 115 Newcastle, WA 98059-3159 |
Asian Island Treasures I & II Custodian of Records: George Mann Kahanakorn 3 Village 101/45 Soi Yen-Rudee Moo 6 Sattahip, Chonburi 20180 Thailand |
Gamma Entertainment Custodian of Records: Daniel Bastien 2500 Pierre Dupuy #301 Montreal Qc H3C4L1 |
JMH Productions Inc. Custodian of Records: James Hoffer 2803 North Oakland Forrest Dr. Suite 101 Oakland Park FL 33309 |
| Visual Peak Photography Custodian of Records: Ken Robinson P.O. Box 9455 Colorado Springs, CO 80932 |
Entertainment Network, Inc. 6965 1st Ave. N. St. Petersburg, FL 33710 |
Video Secrets 1117860 Ontario 619 Yonge St. Suite 204 Toronto, M4Y 1J6, Canada |
Video Team Custodian of Records: C.S. Mann 15753 Stagg Street Van Nuys, CA 91406 |
| LTD Internet Custodian of Records: Jim Procter 3311 S. Rainbow Suite 133 Las Vegas, Nevada 89146 |
Interpacific Communications Custodian of Records: James Reynolds 1750 Kalakaua Ave #3802 Honolulu, Hawaii 96826 |
Metro Global Video Custodian of Records: M.H. Thompson III 16557 Arminta St. Van Nuys, CA 91406 |
Atlantic Worldwide Custodian of Records: M. Dodsworth 25-A N. Ocean Blvd. Pompano Beach, FL 33062 |
| Visual Dynamics, LLC 23241 Ventura Boulevard Suite 218 Woodland Hills, CA 91364 818-223-8520 |
Reel Life Video Custodian of Records: Richard Michael 1714 Fortview Road, #106 Austin, Texas 78704 |
Mike Hott Video Custodian of Records: M. Valente 129 E. Colorado Morovia, CA 91016 |
Midnight Film & Video Custodian of Records: K. Beechum 9158 Eton Ave. Chatsworth, CA 91311 |
| J & D Entertainment, Inc. Custodian of Records: David Grieshaber 6947 Coal Creek Pkwy. SE Suite 115 Newcastle, WA 98059-3159 |
Asian Island Treasures I & II Custodian of Records: George Mann Kahanakorn 3 Village 101/45 Soi Yen-Rudee Moo 6 Sattahip, Chonburi 20180 Thailand |
Web Dream Inc. 366 Bay St. Suite 1100 Toronto, ON M5H 4B2 |
Falcon Foto Custodian of Records: Gail Harris 11271 Ventura Blvd. Suite 314 Studio City, CA 91604 |
| Global Marketing Custodian of Records: Leonard Serrani 51 West Main St., 2nd Floor Somerville, NJ 08876 |
Photorama International Anna van Renesseplein 8 1911 KN Uitgeest, Holland |
Babenet & Red Hot Networks Custodian of records J. Galaher, at the office of the publisher at the following location: 9610 De Soto Ave. Chatsworth, CA 91311 |
Internet Entertainment Group Custodian of Records: James Brown 2025 First Ave. Seattle, WA 98121 |
| David Schoen Photography David Schoen 25852 McBean Parkway #129 Santa Clarita, CA 91355 |