Records Keeping Compliance Checklist for European Content Providers

Date: 2011.02.24 | Category: 2257 | Response: 0

More and more European Content Producers are choosing to do business with American. webmasters. While citizens of foreign countries cannot be compelled to comply with United States’ restrictions on the creation of adult material, business realities are forcing foreign content producers to consider voluntary compliance. American webmasters, painfully cognizant of the increasing need to focus on legal compliance, consistently reject foreign content that is not produced in compliance with 18 U.S.C. §2257.  Non-compliant content not only increases the risk that an underage model could slip through, but failure to strictly comply is itself a federal felony, exposing those involved to a 2-year prison term.  Given the substantial compliance motivations involved, foreign content producers are expected to adopt the U.S. requirements as the global standard for creation of sexually explicit imagery.  The following constitutes a bare minimum checklist for compliance with the requirements of Section 2257:

1) Assume that all erotic images require Section 2257 compliance:  While the law only applies to actual “sexually explicit activity,” it is ill-advised for the content producer or the webmaster to attempt to guess which images require compliance, and which can be safely distributed without compliance. Since child pornography does not require the depiction of sexual activity to meet the federal definition, such distinctions can be risky business. And, in any event, a release given by a minor normally is not enforceable.

2) Obtain a signed compliance form created by a competent attorney:  Section 2257 requires that certain records be created containing certain information. The right form is the best place to start.

3) Obtain, at a minimum, the following information from each model:

a.     Date Of Birth

b.     Legal Name

c.     All other names, aliases, nick names, stage names, and maiden names

d.     Social Security Number

e.     Copy of Government-Issued Identification containing a picture; preferably 2 pieces of identification. Note the requirement that the producer actually examine the identification document, not just the copies.

f.       Address, phone and other contact information

g.      The model’s signature

4) Require the model to execute a binding model release prepared by a competent attorney.  The images are only as legal as the model release backing them up.  If all relevant rights have not been transferred and released by a valid model release, both the webmaster and the content producer are subject to claims once the content is displayed on a Web site.

5) Maintain the records so that they are cross-indexed by the models’ legal names and stage names and by web page. Alternatively, provide copies of all records to the webmaster if the webmaster will act as Records Custodian. You need to discuss the particulars of this with an attorney, because each circumstance may be unique.

6) The Records Custodian should maintain an off-site backup copy of the records: What happens if there is a fire or a government seizure?

7) Include a conspicuous records custodian disclosure on all CD’s / DVD’s containing erotic imagery, including the full legal name of the custodian and physical address where the records are kept.  The disclosure should also certify that all models are over the age of 18, and include the date when the content was first created, published or republished.  Placement of the disclosure on the product should be reviewed by an attorney.

Only through strict compliance with the mandates of Section 2257 will American webmasters fully embrace content produced overseas.  The right compliance procedure will open profitable markets for foreign content producers, and result in a wider variety of adult content for both webmasters and consumers.

Article written by Lawrence Walters

Obscenity – Put It To The Test

Date: 2011.02.23 | Category: Writing | Response: 0

Regardless of how long any of us have been an adult webmaster we all need to be
aware of obscenity laws and, in particular how they affect our businesses
whether we think a hardcore photoset is ‘obscene’ or not ultimately, if you get
taken to court on obscenity charges the one thing you should be aware of is how
the courts will decide whether the images you are using will be classified as
obscene or not.

Testing Obscenity – The Miller Test.

The Miller test was developed in the 1973 court case of Miller vs. California
and in comprises of three parts ALL of which MUST be satisfied on order for
something to be deemed obscene by the courts. The Miller test is the ‘official’
method used by the United States Supreme Court for determining whether an
expression or a speech can be determined as obscene and, if deemed obscene, it
is not protected under the First Amendment and is therefore prohibited by law.

The Miller Test – Part One.

Part one of The Miller Test states something may be obscene if ‘the average
person, applying contemporary adult community standards, would find that the
work, taken as a whole, appeals to the prurient interest’ In essence, this
means that if the ‘average’ person on a jury or on the bench finds the work to
be deemed obscene then, it is. However for the court to rule something as
obscene it also has to be deemed obscene by the standards set in part two and
part three below.

The Miller Test – Part Two.

Part two of The Miller Test states that something is potentially obscene is
‘the average person, applying contemporary adult community standards, would
find that the work depicts or describes, in a patently offensive way, sexual
conduct’. Basically this is saying that if the images or speech is something
which is not practiced in a manner befitting your local community standards
then again, it may be obscene. However, as with part one of The Miller Test for
a court to find something obscene it needs to fall below the standards in part
three below.

The Miller Test – Part Three.

Part three of The Miller Test states that something is potentially obscene if,
‘a reasonable person would find that the work, taken as a whole, lacks serious
literary, artistic, political, or scientific value.’ This is pretty much where
you could potentially come unstuck after all, everyone has different sexual
tastes and because of this, just because something that may be widespread such
as ‘bare backing’ (to use as an example) could potentially be considered as
obscene if you happen to have a jury who are devout practicers of safe sex.

The Miller Test – Overview.

In essence The Miller Test is a useful guideline for webmasters when it comes
to operating our sites and specifically, when it comes to choosing the types of
content we utilize on them however, for the most part The Miller Test itself is
outdated. Since the early 70’s when this test was devised there have been many
sexual practices that were once deemed obscene that have become more a part of
everyday life and accepted in to society as whole thus, what once would (or
could) have been deemed obscene would no longer be in the same sense as
something that may be deemed obscene today could be found not to be in 5 years
time.

Article written by Lee

Redirecting To A Different Page Using JavaScrip

Date: 2011.02.24 | Category: Scripts | Response: 0

There are times when a simple JavaScript redirection from one page to another can come in handy and, the following JavaScripting will enable you to do this.

When a page contains this javascript, it will be redirected to another page that you specify in the “window.location=”. You can change the number of refresh seconds by changing the “move()’,1000 to the number of seconds you’d like.

Example:

1000 = 1 second
2000 = 2 seconds
3000 = 3 seconds

Place this JavaScript code between the <head> and </head> tags

<script language=”JavaScript”>
<!–hide from old browsers
var time = null
function move() {
window.location = ‘http://www.yourdomain.com’
}
//–>
</script>

Place this JavaScript code in your <body> tag

<body onload=”timer=setTimeout(‘move()’,1000)”>

You should now have a page that will redirect to a new url when it loads in the surfers browser window.

Article written by Lee

There’s Face Value And Then There Is Real Value

Date: 2011.02.22 | Category: General | Response: 0

How often do we sign up to affiliate programs based on their standard terms of service for example, Sponsor A will pay you $35 for every signup you send to them and they tell you they convert at roughly 1:200 whilst Sponsor B will pay you $30 per signup and they convert at roughly 1:200 also, which of these scenarios straight off the bat will make you the most money? Think about your answer first then read on.

Negotiate The Figures.

Most, if not all of us would have immediately chosen Sponsor A for the pure fact that they pay you $5 more per signup and they convert at the same rate as Sponsor B however, how many of us would have written or icq’d Sponsor B and asked them to raise their payout? Not many of us I would guess. With that said, what is to stop you from emailing a certain ‘Sponsor B’ if you are able to convert consistently at their published 1:200 and asking for a higher pay rate to continue sending your traffic to them? Nothing at all and, surprisingly enough, I would guess that for most programs, they would actually increase your payout if you have a history with them.

Haggling The Costs.

The example above used a sponsor as the main focus however, how many times have you spent money at a content provider? A hosting company? A traffic broker? Have you actually taken a moment to ask these companies if they would give you a lower rate on the services they are providing you with? Again, I bet not many of us have I know it was only recently when I started asking for long term customer discounts and the likes. In fact, from the first point of contact you have with any company online, be they an adult web host, adult traffic broker, content provider or, in fact, an affiliate program, spend an extra few seconds when you first sign up and see how they can improve their service for YOU. To your surprise they might just cut you a deal that is unmatched anywhere else!

Don’t Undersell Their Products.

With the above said, one thing that you need to be aware of is that if you start making absurd price cuts from these companies you will probably be told to politely take a running jump however, lets say you were going to be charged $50 for something, ask them if you can get the same service at a 10% discounted rate if you use them again, perhaps not even on the first purchase but on the second, the third, etc.

By contacting these companies directly and not just going on ‘face value’ even if you only save yourself one or two dollars per purchase over a year those odds and ends soon add up to a nice saving.

Saving Money – Recap.

In essence many of us take things at face value whether we are talking to friends and peers or whether we are paying for goods and services but, by at least in asking for a discount on our purchase the worst thing that will happen is that you get told ‘no’ however, on the flipside of the proverbial coin, you might just find yourself a better bargain than you had already found in the first place and that’s some food for thought.

Article written by Lee

Moving To A New Hosting Company

Date: 2011.02.23 | Category: Hosting | Response: 0

Moving to a new hosting provider does not have to be a frustrating task if done properly.

Adult webmasters usually have to upgrade their hosting services once their respective Web sites become popular, usually because their current host cannot provide an effective level of scalability or technical support or, perhaps even the cost of bandwidth becomes to high.

In order to transfer service efficiently, in the event that it becomes necessary, webmasters should ensure that all their content, including Web pages, databases and scripts, are properly archived.

You should always back up your data at regular intervals in case of unexpected data loss or hardware failure. Ensure that all data is archived recursively. This will ensure that all your data is archived and compressed in its original directories, which is very important if you want to retain the full working integrity of your Web sites.
You may also find that your new hosting company may be able to transfer the files directly from your old server to the new one you are getting with them, ask before hand if this is something that they can do for you as it is generally a lot quicker for them to do it than for you to upload the files yourself for instance, Web Air will do this work for you.

Once you have recursively archived your site, make arrangements to purchase your new hosting services. Make sure that any new solution you select includes basic services that approximate and excel the service that you where obtaining with your previous hosting provider. It makes no sense to replace your present hosting service with another Web hosting solution that equally cannot fulfill your technical or financial requirements.

The best resource to use to find a better hosting firm specific to the adult hosting industry is Adult Hosting Companies, the largest adult Web hosting resource directory with currently over 250 hosts listed.

Once your new solution is activated, upload your archived Web pages, database and scripts to the new host. You will be allocated an IP number from the new hosting company. Take time to debug and test the new site from the individual IP number, not forgetting things like your cgi scripts may need altering.

Once your site is entirely debugged and you verify that all site functionality is operative, then transfer your domain name service (DNS) servers over from your old server to your new server.

During this DNS transition period, which is referred to as the “propagation period,” your Web site will be resolved by both your new and old host, as the new DNS information about your Web site filters through the Internet globally. It typically takes about 10 days for the transfer to fully propagate around the Internet; so keep your old site running in case you get visitors whose ISP’s have cached your site on the old server.

It is important however that you retain both your old and new hosting services during your propagation period of 10 days. You will need to check your e-mail from both hosting providers since different regions of the Internet will remit e-mail to your original host while other regions will remit mail to the new server during this time.

Once a week or two have elapsed, cancel the account with the previous hosting company. Only cancel your old account when e-mail stops arriving from your old hosting provider.

If you follow these steps carefully, then your host change should be easy and stress free.

Article written by Lee

Billing Solutions For International Surfers

Date: 2011.02.21 | Category: Billing Solutions | Response: 0

We all know the lifeblood of the webmaster is to be able to accept credit cards for site access however, with the global markets emerging more and more, many webmasters still do not realize that they can accept credit cards from international countries at little or no extra cost to themselves or, their business.

Presuming you already have your sites translated into a selection of global formats you need to make sure you can process foreign transactions and, these should be handled differently than regular US based credit card users however. This is what we will approach upon in this article.

The main reason we own our businesses is to turn a profit and, from a profit making point of view is just how the details below will enable you to benefit your long term global business.

The first step you need to take in order to correctly ‘charge’ your international customers is to ensure that you are sending them to the right language, after all, over 70% of internet users can not speak English, let alone read it. This is where having some geo-scripting comes in handy on your join page, the second the surfer hits this page he (or she) will be directed to a localized version of your join page.

Now that you have the surfer on your join page you also need to ensure they have a variety of options available to them to actually finalize the purchase however, you should also ensure that, if they want to view your join page in another language, that they have this as an option too.

Some alternate payment methods for your international customs could include one or more of the following, PayPal, JCB, Mastercard, Discover, Maestro, EuroDebit, Checks and, of course, a dialer.

I would however use the dialer as a last minute option should their chosen method of payment not be accepted.

Even though you may run a ‘recurring’ based site, you might not want to have your foreign surfers recur and risk having their card declined when it comes to authorizing your charge next, for this reason you may like to add the option of a 3 month membership or perhaps a 6 month membership however, make sure you lower the cost of this membership in relation to buying a monthly membership, this might just be the clincher you need to close the international sale.

As with any purchase the after sales support is also needed, especially if you are wanting your international customer to rebill for several months and, trust me, they WILL rebill, often for in excess of 6 months. They pulled their credit or debit card out for a reason and, they will stay if you can give them more reason too.

With any type of sale a follow up is always good, many sponsors and processors send out an email automatically upon sign up, however, how many of these emails are written in the surfers native tongue?

In conclusion, when dealing with international customers you should cater to them NOT make them cater to YOU by doing this you will ensure the longevity of your international business.

Finally, if you have any type of online business you should carefully consider the global market place as it is growing a rapid rate with millions of new international surfers coming online each year this would be a bad business choice on your part if you were not to cater for them.

Article written by Lee.

AVS Changes – Is The Proverbial Sky Falling?

Date: 2011.02.24 | Category: General, Promotion | Response: 0

With the announcement yesterday from several of the large AVS systems, Free Age Card, Sex Key and, Gay Passport (also speculation on and off the forums state that Mass Pass were aware of this happening) that they will no longer allow webmasters to use the terms; AVS, Adult Verification Service, AGE Verification Service and, Access to thousands of other sites what does this hold in store long term for AVS webmasters?

Quite simply, it looks at first glance as if these changes have something to do with the speculation surrounding VISA and AVS systems from a few months ago.

In fact, these changes have been on the horizon for some time now however, until yesterday webmasters seemed to be unsure as to what, if anything will be changing. Even though the speculation has been circulating for some time, one of the first AVS systems to envoke these new rules, Sex key, came out with the following statement; ‘While we knew changes were coming, we just now found out what we believe are the new requirements. With this new information, we are trying to comply as quickly as humanly possible.’ quickly followed by; ‘We felt it was better to give people a chance to modify their sites this weekend rather than to not be in compliance Monday.’- Craig Tant.

One thing is certain, come Monday, there WILL be a lot of unhappy webmasters

So apart from the added workload for webmasters what other issues is this likely to bring up in the immediate future, well, again, based on the rumors and, i should stress that is all they are up to this point in time, from a few months ago we could expect one or more of the following items to happen to the AVS model as we know it.

1) Visa starts to charge the AVS companies the $750 fee just to process memberships.
2) Visa starts to charge individual webmasters the $750 fee to use an AVS service.
3) AVS Systems cease to exist.

So, lets break each of the above items down and see how it will have a long term effect on both AVS webmasters and, the adult industry as a whole.

AVS Companies Charged $750 Visa Fee’s.

In itself this isn’t a big issue that we should be immediately worried about, after all the AVS company will be the one footing this bill and, with the amount of traffic and sales that these programs get $750 is a relatively small pebble at the foot of a mountain. That said however, some of the smaller AVS systems might end up having to close because they cant afford the fees in much the same way that some Amateur paysite owners had to close their aff programs.

Webmasters Charged $750 Visa Fee’s.

This is the option that i am most concerned with, after all, with thousands of AVS sites being built each day and being submitted to literally hundreds of AVS companies the potential cost of this could run into thousands for individual webmasters.

Of course, with this expense there also comes some benefits. The immediate benefit that comes to mind is that a lot of the dishonest webmasters will refuse to or, be unable to pay this fee that in itself will lighten the strain for the rest of the industry.

There is also the possibility that webmaster may need to pay this fee for each and every AVS that they submit to which, in itself will not only harm the individual webmasters but, it will also see the rise and, dare i say it, fall of some of the smaller or less profitable (from a webmasters point of view) AVS companies. No doubt if this did ever happen the likes of Cyberage, UGAS, Global Male Pass et al will be unaffected as, they have enough of a webmaster following and traffic base to ride this potential storm out.

AVS Systems Cease To Exist.

This is potentially the worst case scenario and, whilst i will be the first to admit that this is VERY unlikely to happen, the possibility needs to be looked at.

What happens to all of your sites you have in the AVS systems? What happens to all of your potential rebills? What happens to all of that AVS traffic?

Well i would say for the most part, changing your sites from AVS to the free model wont be such a big deal for webmasters however, the financial losses to individual webmasters and companies could run into hundreds of thousands a month. With these financial losses will more webmasters leave the industry or, will more of the AVS webmasters start running TGP’s and dilute the traffic quality even further?

Speaking of traffic, we all know by now that AVS traffic is qualified potent traffic but, what will happen when this traffic, should the AVS be closed down, hit the adult web again? Quite simply long term the effects of such a force could have positive and negative effects ranging from paysite memberships sales rising to the onslaught and proliferation of free porn being searched for again – good news for TGP owners.

As you can see from the above, all of the speculation, rumors and, facts speak for themselves in so much as, if you are an AVS webmaster, you NEED to start diversifying your business model to ensure that even if the worst doesn’t happen, you are still able to be profitable online.

Article written by Lee

Building A Surfer Trap – Stage 7

Date: 2011.02.21 | Category: Traffic | Response: 0

Here we go with Stage 7 in this Surfer Trap tutorial.

We should by now have a rather complex looking surfer trap, pop up consoles and blur consoles on all of the pages within it, all of these same pages interlinking each other indefinitely.

So, we are starting to get some traffic to this beauty from our existing sites and the counters we implemented but, how can we get some more traffic for FREE?

What I suggest we do next to this little baby is to add a banner exchange code to EACH of the FPA’s we have and also, onto the larger table console we created.

You should sign up for one banner exchange code for this trap, you might like to search around for a banner exchange that lets you have a decent ratio of impressions.

Once you have signed up for your banner exchange code, you now need to copy this coding into the BOTTOM of all of your FPA HTML pages including the Multi-Site FPA.

Now you have the banner exchange code on your site you are earning credits. Your account may not be activated for a day or so but, what this means is you are earning credits the entire time you are showing banners on your Surfer Trap.

Now we have the banner exchange code on our sites we only have one further step to take in order for this project to be completed.

Making sure it works how it is supposed too along with fine tuning this little beast.

If you have any further questions or comments please post on the forums here and one of us will be able to help you.

Article written by Lee.

Adult Exit Traffic

Date: 2011.02.21 | Category: Traffic | Response: 0

How Do You Use It?

I honestly do not think there is a webmaster working in the adult industry to date who has not seen a warning page for a free or avs site with both an enter and an exit link, the enter link goes to the main body of the site in question whilst the exit link goes to some other link, normally disney.com or google.com or some other url where the webmaster in question is quite literally throwing their traffic and money away.

Instead of wasting your exit link traffic to a site that doesn’t make you a cent why not utilize this traffic to feed additional revenue streams, for example, most of the larger adult sponsors now have penis pill programs or dating sites, you could include your affiliate id in the exit link and send your traffic there, after all, the surfer you have on your site isn’t looking for porn so, offer them an alternative which, can still add to your bank balance.

So What Are The Alternatives?

The alternative types of sponsors you should be using on your exit links can vary widely however, the best type of site to send them to would be a sponsor offering products and services such as penis enlargement programs, online pharmacies, history eraser type products or, even a link to a site like amazon.com if the program you use allows for that.

Basically you should try to maximize all the traffic you get to your site whether that be by using exit consoles or links, make sure that for each and every surfer you send to the front page (warning) of your site that if they decide to back out or click on a link to leave that you send them somewhere to give them the option of spending money and ultimately earning you revenue.

Article written by Lee.

Becoming A Webmaster – Communication Home Truths

Date: 2011.02.21 | Category: General | Response: 0

Ok, we are ALL guilty of the things that are going to be mentioned in this article in one way or another, this article isn’t going to be a ‘see I told you so’ session rather an explanation of how and why certain things happen from time to time in the adult industry and, how they can be overcome.

Get ready, his may make you realize the way you have been managing your time this far has been completely and utterly wrong.

Message Boards.

A great tool to the webmaster, virtually every resource site owner and their friend has one but, there is one thing that you are not being told as often as you should about them, they ARE counter productive to YOUR work schedule. Think about it, how often do you access a discussion forum on a daily basis? Two, three, four times? maybe more? That time you could be using more effectively, coming up with new ideas, putting sites together, tweaking your traffic sources etc.

I would whole heartily agree that there IS a need for forums but, at the same time, what would happen if every time we went to post a message we left it and posted a selection of them in some time put aside for doing so? Another thing regarding message boards, they are there to benefit the webmaster, we can let our sponsors know when we have issues, we let other webmasters know when we have issues with them and, we also ask for help and advice, as I say a great tool to the webmaster but also one that should IMHO be used with a little modicum.

Instant Messaging Clients.

Again, another great global communications tool for webmasters, we get in touch with our sponsors, our peers and our friends and family but, how many of us spend countless hours a day conversing back and forth about things that, quite frankly, are of little or no importance? Who can honestly say they have time set aside each day to purely log onto your messaging client to just communicate with people? I know I am guilty of keeping my client on 24/7 and answering messages almost instantly whilst also bugging my peers for idle chit chat.

Email.

The Bain of every webmaster, speaking from personal experience, if I don’t check my email 50 times a day I check it 100, first thing I do in the morning, check my email, last thing I do before I go to bed? Check my email. I realize there is absolutely no need for me to do this but, non the less I do, its almost as if I have become addicted to checking my mail. I’m sorry to say it but, again, this is one thing that we probably couldn’t live without but, we can certainly cut down the time we check our email each day. If I never had to reply to an email again, I would be happy, as it is I get close to 200 business related emails on a daily basis and, lets be honest, I rarely reply to them the same week.

Sponsor Statistics.

Again, another GREAT tool that we are kindly given by our sponsors but, again, even this simple tool can become a Bain to the webmasters workload. How many times do you check your stats on a daily basis? Hell, even I will admit to checking them 3 times a day and, yes, I know even this is to many times. Some sponsors now have stats by email, again, this is better than logging into your stats each day but, it also adds tot he problem with email checking above. Basically, there is only a need to check your stats once a day if that. I used to check them every hour then, for whatever reason, I checked them once a week, then I slowly got back into the phase of checking them morning, noon and, night. The stats are still there every time I look so why do I bother? I guess that’s one of the mysteries of life but, I know I spend far to much time checking them and waiting to see an additional sign up or two on top of what I already have.

Anyway, I’m going to leave this article alone at this point, as, the above would seem to be the most popular methods of wasting time on a daily basis, we all know we waste our time and we all know that what we need to do is manage it better but, how and when, getting our time management sorted out takes time in itself.

Article written by Lee