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Cleaning Up The Myths On Scrubbing
Time and time again on message boards I see the same old topics regarding scrubbing usually preceded by some company being accused of scrubbing their webmasters surfers to much and the webmasters sales being lower because of the sponsor ‘scrubbing’ their surfers however, the reality of this is, it isn’t the sponsors who control how much or how little the surfers credit card transactions are ‘scrubbed’.
The E-Commerce Dilemma.
Irrespective of whether you are an online bookmaker, bakery or adult pay site owner the fact of the matter remains that only credit card fraud is on the increase and, in addition to the rise of online credit card fraud the methods in which the perpetrators of these crimes carry them out is also changing often combating the methods put in place by the online transaction processors to stop this happening luckily however, this is where ‘scrubbing’ comes into effect.So What Is Scrubbing?
Scrubbing is a method used by the credit card processor that the companies who’s site you are sending a surfer to uses. Scrubbing is in effect, a method of calculating the probability that any single transaction (or group of transactions) could be fraudulent. That is to say, is being carried out by someone other than the true owner of the credit or debit card.Scrubbing is probably the single most useful tool provided to our sponsors by the credit card processors to ensure that every transaction that gets sent to them is credible and, once the transaction is allowed (or not) a part of the information contained with the transaction is sent to a central database to help other clients of that processor guard against receiving unlawful transaction purchases.
How Does Scrubbing Affect Me?
As a webmaster, believe it or not, scrubbing is actually a good thing for you. You know that each transaction processed is first of all a legitimate one and, secondly, you know that the sponsor who you are using is not going to go bankrupt due to excessive illegal transaction. This means that the sponsor can improve the services they offer YOU as a webmaster to assist you in making more money.In essence, the scrubbing of credit card transactions at a sponsors level increases the amount of money you make long term not only with that individual sponsor but, with every other sponsors who uses the same transaction processor.
Article written by Lee.
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Building A Surfer Trap – Stage 4
Building A Surfer Trap – Stage 4.
Here we go with stage 4 in our surfer trap.
We should now have a pretty basic surfer trap set up with consoles on all of the FPA’s all of the links on all of the FPA’s (Excluding the FPA graphics) should go to either another FPA or, the a POTD Program.
As mentioned in the last stage we are going to start building up some traffic to our surfer trap even though, we are not finished yet.
The first place where you can get some good free traffic would be from a toplist counter.
A good counter that I would recommend would be one of the following:
Outster http://www.outster.com (A Gay Specific Counter)
SexTracker http://www.sextracker.com (A General Adult Counter)You need to sign up to ONE of the above counters and only ONE.
Usually a counter will ask you for some details when signing up for them these will usually include:
Email Address.
Site Url
NameFor the email address, enter a REAL email.
For Your Name, Enter a name you wish to be known by to the counter owners.However, for the URL (The one to SEND traffic to FROM the counter) you should enter the index.html page of your surfer trap (The Multi-Site FPA).
You will now be given some coding once you complete the counter sign up process. This counter code you now need to place on EVERY page of your surfer trap.
Place the counter towards the bottom of your FPA’s (Including the Multi-Site FPA) this way, they will load after the rest of the graphics or at least, they should in theory.
Basically what you are doing by implementing this counter is as follows:
For each time the counter is displayed or clicked on your site (Depending on the counter you choose) you will earn one credit on the respective counters toplist.
Each credit you earn on the toplist will move you higher up the list.
Now, the higher up the list you get, the more visitors to the counter site that you are going to get visiting your surfer trap by clicking your link on the toplist.
In return, by clicking on your surfer trap link from the toplist, they are ‘registering’ another impression of your counter hence, getting you one more ‘credit’ on the counter toplist hence, moving you higher in the listings.
See where we are going with this?
The more clicks you get from the counter to your hub, the higher you will get on the toplist in the process earning you more and more traffic to filter through your surfer trap.
Adding these counter codes to your FPA’s as they stand at present should take you an hour or so to do so, for now this is where I will leave the traffic generation section of this tutorial.
Article written by Lee
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Adult Webmaster Health
Sounds to me like you are a webmaster. Most of us realize that working at a computer everyday can and often is, bad for our health in one way, shape or, form. However, how do we alleviate these potential problems with our health?
Well in this article I will detail some of the things that can often affect the webmasters in our industry and how they can be solved.
RSI (Repetitive Stress Injuries) are the results of, as you may have figured out already, the effects of constantly doing the same movements over and over again using specific parts of your body. One of the most common of these that webmasters are aware of is CTS (Carpal Tunnel Syndrome) which is a result of typing a lot.
So, how do you combat the effects of CTS? First and foremost, if you experience any form of pain at all, your first port of call should be the doctor, the pain you are feeling could be an indicator of a bigger problem. If you think your pain might be caused by use of the computer then an occupational therapist might also be a good person to visit.
CTS is often attributed to use of your digits and poor hand positioning when you type one way to solve this problem is to go to Office Depot and purchase a wrist rest, this will ensure your wrist has ample support whilst you are working throughout the day.
You might also like to try re-positioning your monitor, as a general rule of thumb, having your monitor placed about 20 inches away from your face will usually result in good posture and that in itself can often be a solution to the potential medical problems. One other thing on your posture, get a good chair, one with a high back may be good, these generally offer you more support and, can stop that awkward habit of leaning into your keyboard when you type.
Eyestrain, Eyestrain is another common problem that the webmaster faces, often it leads to things such as excessive headaches, fatigue and, blurry vision, the most acceptable relief from eyestrain is the use of screen filter that will reduce the glare your monitor emits.
There of course, some other things you can do to alleviate this problem such as, Adjusting your monitor so the top of the screen is no higher than eye level, as already mentioned, keeping the monitor a safe working distance from you, usually between 18 and 30 inches is recommended by doctors.
We know computers are machines and tend to forget that our own bodies are complex machines which, should be looked after just as our computers should be, we often forget that sitting at the PC building what was meant to be a 10 minute site can turn into an hours worth of ‘online work’. Take some time every now and again to stand up and walk for 5 minutes, even if it is just to the local store to buy some more smokes, you are actually getting some exercise and, even though the tar in your smokes will end up killing you anyway, you’ll at least be able to work a little longer without getting any problematic computer related medical symptoms.
This article is not meant as an alternative to visiting your physician and, should you think that any of the above are relevant to you then it is recommended that you visit your doctors without delay and follow any advice that they give you.
Article written by Lee.
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Article Writing For Publicity And Credibility
If you’re looking for a powerful way to get free publicity and build your credibility at the same time, then writing articles may be your answer.
If you’ve been on the Internet for a while, you’ve probably subscribed to a few ezines including this one, hopefully. Many ezine publishers will include an article written by a guest author. At the end of the article are a few lines of text about the author referred to as bylines or resource box. These lines of text are basically just an advertisement for the writer. They usually contain a couple of lines about the author and a web address.
The writer gives the publisher permission to publish their article, free of charge, in exchange for the publisher including the author’s bylines.
By writing articles and allowing them to be published, your articles will have the potential to be viewed by millions of Internet users. They may be published by several ezines with subscriber bases of a few hundred to several thousand. In addition, they may be displayed in ezine archives or on high traffic websites.
Most ezine publishers prefer short articles between 500 and 750 words. Short “tip” articles of just a couple of paragraphs are also very popular. Articles should be formatted to 65 characters per line or less, including spaces, and written in short paragraph sections.
When you begin writing your article, avoid using your standard word processing programs, as they do not allow for proper formatting. Instead, use a text editor such as Notepad. It should already be installed on your desktop.
When you begin typing your article, use a hard carriage return (hit enter) when your text reaches 65 characters, including spaces, and leave a space between your paragraphs. This will enable publishers to easily copy and paste your article into their publication. By taking the time to properly format your article, you will increase your chance of being published significantly.
Most publishers receive many article submissions each week and only select a few to be published. Here are some basic guidelines to assist you in getting published:
(1) Make sure you follow the publishers’ submission guidelines. Articles submitted to publishers that don’t follow the submission guidelines will most likely be deleted.
(2) Make sure your article is properly formatted.
Publishers won’t take the time to format your article.
They’ll simply delete it and move on to the next article submission.(3) Keep your bylines down to 6 lines or less.
Publishers will not publish articles that contain excessively long bylines.(4) Select a descriptive title to intrigue your readers.
Use a powerful headline that demands attention and try to keep it all on one line.(5) Use proper grammar and spelling.
Publishers will not take the time to edit your article. Make sure you read your article several times and use spell check.(6) Avoid articles that are nothing more than a sales letter.
Publishers want quality content and will simply delete an article that is written like a sales letter.(7) Avoid referring readers to an affiliate URL.
Articles containing affiliate links may make your article appear to be biased and untrustworthy.(8) Write your articles with a sincere desire to teach and inform. Talk to your readers and share your expertise.
Once you’ve written your article, you’ll need to develop a list of publishers that may be interested in publishing it. The best way to accomplish this is to display your articles on your website. Place a subscription box on each of your article pages to enable your visitors to subscribe. This list should be used to send your new articles to your list of publishers.
Of course, you are already in one of the right places to start, we are always looking for industry related articles so, if you been given the motivation by reading this article to give it a try why not submit one to us for publication?
Writing and distributing free articles on the Internet will be one of the best promotional decisions you’ll ever make. Not only will it provide you with free publicity, but if your articles are good, you’ll become a trusted professional in your area of expertise.
Article written by Lee
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AVS Changes – Is The Proverbial Sky Falling?
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
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Traffic Brokers – Buying Additional Traffic
For many adult webmasters traffic is the one thing they can get and, good converting traffic it would seem is hard to find in bulk. For those webmasters who simply can not or, will not work towards getting a good converting traffic base you now have several options. These option come in the form of the Adult Traffic Brokers that have seemingly multiplied over the last 12 months.
Traffic Brokering – The Basics.
So what is traffic brokering? In layman’s terms, it is the process used when one company sells / buys their traffic to / from another in order to turn the traffic they are selling / buying into a profit. Often webmasters will purchase traffic from a broker for several reasons, the main one being that they simply could not have generated the same amount of traffic they have purchased by any other means.Traffic Brokering – The Costs.
The costs for purchasing brokered traffic vary greatly from traffic broker to traffic broker however, as a rough guideline, you could spend anywhere between US$1 and US$3 for each thousand (1000) unique hits that the traffic broker sends you. The cost of this traffic however can change for many reasons as do the rules for where you can actually send the purchased traffic to.Brokered Traffic – The Uses.
There are many uses for brokered traffic as those webmasters who do it on a consistent basis will tell you. However, by far the most popular method of using purchased traffic would seem to be sending it to a central ‘hub’ site or a gallery page. From this point on the traffic can start to filter itself even more.In addition to this, some webmasters choose to send their brokered traffic directly to their sponsors pay sites if they have purchased niche specific brokered traffic.
All of the above methods have their pro’s and con’s involved however, for most webmasters, the fact that they have purchased traffic at a relatively low cost will mean they can turn a profit. That said, purchasing traffic from a broker does not guarantee you a profit on your investment.
Traffic Brokering – Overview.
In overview of this article i would say that for webmasters who are unable to gain mass traffic through conventional methods, the traffic brokers offer a service of value and, whether the traffic that you are buying is profitable to you is an outcome that no one can say until the traffic has been used. one thing to consider though when purchasing traffic is that you need to have a clear, concise plan of what your needs for the traffic are, do not just send it blindly into the proverbial unknown but build up a solid plan of what you ultimately want to achieve.Also, before buying traffic ‘en mass’ you should always spend a few dollars in the first instance to run a small test of the traffic, this way, you will be able to send thousands of hits to your sponsors or hubs and judge for yourself which broker will offer you the best traffic for your money.
Article written by Lee.
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Guaranteed Marketing – Power Words
How many webmasters do you think actually pay attention to what they are writing so far as their sales copy go? Furthermore, if you actually think about it, how much time do you put into choosing the words in which you use on your websites? With the help of this brief article hopefully, you will start to choose the words in which you use a little more carefully, let me explain.
Power Words – What Are They?
Power words are a set of roughly 10 words that can invoke interest in a person, object or, in our case, a product which we would like to sell however, they are also much more than that. When used in the correct manner power words can become a webmasters greatest selling tool. However, everyone has their own unique set of power words that will appeal to them over everybody else, the good thing is, for the most part there are at least 25 words which almost everybody will look positively towards.Power Words – The List.
The following list is compiled from research at Yale University consisting of the most popular power words amongst a demographic of 1000 individuals of mixed sex. The words are, Discover, Easy, Guaranteed, Health, Love, Money, New, Proven, Results, Safety, Save and, You. By using these words in a variety of ways when writing our sales text we can almost be certain that we will keep the surfers attention and enable us to put the power of our marketing to good use.Power Words – Uses.
As already mentioned, the best use for the most common power words on our sites is to use them within our text links either at the start of the sentence or, the absolute end. Take a look at the following example to see what i mean.1) High Converting Affiliate Program.
2) Guaranteed To Convert Your Traffic.
3) Turn Your Traffic In To Cash – Guaranteed.You can see from the three examples above the the first example doesn’t really catch your attention whilst examples number 2 and 3 somehow seem to pull you into the ‘spirit’ of the site itself without even knowing what affiliate program it is.
By using this power word marketing technique as often as possible on your text links you can not only give your site visitor information but, compel them to click on your link.
Power Words – An Overview.
Hopefully you have seen from this brief article the ways in which power words can improve not only your text links pulling power but also how with the right marketing combination you can also use them to increase your sales.Article written by Lee
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The Web Safe Color Palette
The “Web Safe” palette is a bit controversial. It is a set of 216 colors that are, supposedly, guaranteed to appear as intended on all graphical displays when used in HTML, CSS, and images embedded in Web pages. Many Web developers believe that sticking to these colors is one of the holiest commandments in the Web design scripture.
This was mostly a concern when most computers had 8-bit color displays; these days, most people run at 16-bit or 24-bit color. Although these bit-depths render the Web Safe palette pointless, dithering and quantification bugs in browsers and operating systems still cause problems in 16-bit displays (16-bit display, also known as “High Color” mode or “Thousands of Colors,” is generally problematic). Extensive testing has led to a new palette, called “Really Safe,” whose colors are guaranteed to appear correctly on all displays and all browsers.
If you use different colors than these, you might see images and backgrounds of the same color appear at a slightly different tint, so that a “box” will be visible around them if the background extends beyond the image’s edges.
Below is the table of ‘Web Safe’ and ‘Really Safe’ colors, you will see some of the color hex codes are in red, these are ‘Really Safe’ colors.
Code Color Code Color Code Color Code Color Code Color Code Color 000000 000033 000066 000099 0000cc 0000FF 003300 003333 003366 003399 0033cc 0033ff 006600 006633 006666 006699 0066cc 0066ff 009900 009933 009966 009999 0099cc 0099ff 00cc00 00cc33 00cc66 00cc99 00cccc 00ccff 00FF00 00ff33 00FF66 00ff99 00FFCC 00FFFF 330000 330033 330066 330099 3300cc 3300ff 333300 333333 333366 333399 3333cc 3333ff 336600 336633 336666 336699 3366cc 3366ff 339900 339933 339966 339999 3399cc 3399ff 33cc00 33cc33 33cc66 33cc99 33cccc 33ccff 33ff00 33FF33 33FF66 33ff99 33FFCC 33FFFF 660000 660033 660066 660099 6600cc 6600ff 663300 663333 663366 663399 6633cc 6633ff 666600 666633 666666 666699 6666cc 6666ff 669900 669933 669966 669999 6699cc 6699ff 66cc00 66cc33 66cc66 66cc99 66cccc 66ccff 66FF00 66FF33 66ff66 66ff99 66ffcc 66FFFF 990000 990033 990066 990099 9900cc 9900ff 993300 993333 993366 993399 9933cc 9933ff 996600 996633 996666 996699 9966cc 9966ff 999900 999933 999966 999999 9999cc 9999ff 99cc00 99cc33 99cc66 99cc99 99cccc 99ccff 99ff00 99ff33 99ff66 99ff99 99ffcc 99ffff cc0000 cc0033 cc0066 cc0099 cc00cc cc00ff cc3300 cc3333 cc3366 cc3399 cc33cc cc33ff cc6600 cc6633 cc6666 cc6699 cc66cc cc66ff cc9900 cc9933 cc9966 cc9999 cc99cc cc99ff cccc00 cccc33 cccc66 cccc99 cccccc ccccff ccff00 ccff33 CCFF66 ccff99 ccffcc ccffff FF0000 FF0033 ff0066 ff0099 ff00cc FF00FF ff3300 ff3333 ff3366 ff3399 ff33cc ff33ff ff6600 ff6633 ff6666 ff6699 ff66cc ff66ff ff9900 ff9933 ff9966 ff9999 ff99cc ff99ff ffcc00 ffcc33 ffcc66 ffcc99 ffcccc ffccff FFFF00 FFFF33 FFFF66 ffff99 ffffcc FFFFFF Hopefully, you will find a use for the two different color palettes that are now available and, you can begin designing for your surfers, regardless of which browser they use.
Article written by Lee
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European Surfers – Gold Waiting To Be Harvested
80% Of the internets content is English. 40% of internet surfers cant even read English, let alone understand it. Out of all the countries in the world, German internet users spend an average of 59.2 minutes looking at porn a month closely followed by Norwegian surfers who looked at it 55.4 minutes every month, how many of you have sites catering to this market? Not one of you… I would bet!
Most webmasters that I know of automatically assume, European surfers = Freeloading Bestiality Loving Sicko’s. That’s bullshit! In fact, a larger and larger percentage of European surfers are looking for porn. Sure, they can find it by the bucket load but, lets be honest, Herman from Munich who cant speak a word of English is going to be making a lot more from this industry than Jason in Miami.. WHY? Because Herman has a captive audience, most of his surfers are German speaking after all, that’s the language he makes his sites in, that’s the language of the sponsors he uses and, like it or not, German surfers are proven to be avid porn surfers and, more importantly, Credit Card spenders!
But Wait…Hang on a second, Credit Card spenders? But I thought the best way of milking $$$ out of foreign surfers was to send them off to a dialer program? hmmm…. perhaps I’m missing something??
You are! there are a lot of sponsors that don’t have any sites in English, Germany has a load of high converting AVS sites, why is this? Because they are written completely in German, Spain has a lot of good quality sponsor that work wonders, Why? Again because they are written in Spanish.
You have a lot of AVS, TGP and free sites that don’t make as much as they could, WHY? because you haven’t considered the global market! Let’s be honest here, the big sponsors of this world you use, how many of them say in their terms and conditions, they don’t allow access to German, Spanish, Ukrainian, Russian surfers? Ill bet at least 50% or more of them right? that’s money you have just lost! Sure, you can ship them off to a dialer program and hope they download it, most wont, sure you can send them to an opt-in email program and hope to make some money from them long term, you wont, In fact, European surfers detest having to give any information about them out. Its a privacy thing, they don’t want you to know who they are, so you cant tell their governments who they are, it sounds harsh but, its true.
So How Do I Do It??
The best way to milk money from the European surfers is to treat them EXACTLY the same as American surfers, but, with one major difference… You need to build for their language, get this right and you’ll be laughing all the way to the Bundesbank
But, where do you start, how can you build a site in a language you know nothing about? Simple, do some research, there are places out there that cater to European based webmasters, go to the forums, ask for help, you wont be laughed at, you wont be ridiculed and, who knows, you may just learn something in the process!
Sign up to a foreign sponsor, you can find a lot on our site, most of, if not all of these foreign sponsor will gladly help you out, they have email support in a variety of languages themselves, drop them a line, tell them you need help, Ask for it… It will come.
Now you have the help you need what next? use it, ask everyday if you have to, there are some good translation services available on the net, spend $50 to get an existing site you have that’s working well translated into a foreign language, I guarantee you, its money well spent! Once you have this translated ‘template’ site use it time and time again, tweak it until you find the best converting site you can, submit it to all the foreign search engines around, you’ll soon pick up that its not much different to working your ‘standard’ sites except, you’ll have trapped a larger percentage of internet porn surfers and, what’s more, this is a percentage that YOUR competitors wont have!
Integration..
Is it possible to build foreign sites and English site to work together? YES but, its hard, you have to mimic the responses you have learnt from the trial you did with the first translated site, once you start to see trends happening, build on them, if something doesn’t work, swap it out, put something in its place, even if.. Its a US sponsor. You have the framework, the surfer is in your site, they know what its about, that’s the time to start introducing the foreign (to them) sponsors ads.The Results..
The results of your trial will speak for themselves, you will have tapped into an as yet untamed market, You will have more scope of growth for your business, You will have established a new traffic source, You will be able to reap the benefits. Of course, you need to work for it, don’t expect magic overnight, it just isn’t gonna happen! Remember when you first started webmastering? it was hard work, tapping into the European market is even harder, its like starting all over again from scratch then, realizing you know what your doing but you have been doing it wrong all these years.Article written by Lee
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Records Keeping Compliance Checklist for European Content Providers
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
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