1. Niteflirt's payment responsibilities for Speaker Services you provide are subject to restrictions and limitations. The Member who initiates a Transaction with a Speaker through the Site is solely responsible for payment of any and all fees for the Transaction. Niteflirt shall not be obligated to pay any Speaker fees for which Niteflirt has not been fully paid by the Member or Member's credit card issuer or bank, as applicable. You hereby authorize Niteflirt to collect payments from Members on your behalf for any and all Transactions that you conduct. Niteflirt will credit to your Member account the fees collected by Niteflirt less Niteflirt's connection charges and commissions set forth below, any tax withholdings required by law, and any refunds, discounts, chargebacks and chargeback fees payable by Niteflirt (the "Net Fees").
As a Speaker, you may charge Members a price per-minute fee as part of the listed rate. Niteflirt may collect a minimum per-minute fee. Niteflirt will retain connection charges for each call in the amount of Niteflirt's then current connection charges. Niteflirt reserves the right to change the amount of connection charges retained by Niteflirt at any time. In addition to connection charges, Niteflirt will retain a commission equal to thirty percent (30%) of the Net Call Fees for all live calls. The "Net Call Fees" means the Gross Call Fees less Niteflirt's connection charges. The "Gross Call Fees" means the fees collected by Niteflirt for each call (live or recorded) to your Speaker listing at the listed rate for the duration of the connection.
As a Speaker, you may charge a price per-minute fee for recorded calls as part of the listed rate. Niteflirt may collect a minimum per-minute fee. You must clearly indicate in your listing(s) that the per-minute fee is for a recorded (not a live) call. In addition to connection charges, Niteflirt will retain a commission of fifty percent (50%) of Net Call Fees for all recorded calls from your Speaker listing(s).
As a Speaker, you may charge a fee for responding to the Paid Mail requests that you receive. You must clearly state the fee for responding to Paid Mail in your Member listing(s). Niteflirt will receive a commission equal to thirty percent (30%) of the Gross Mail Fees. The "Gross Mail Fees" means the fees collected by Niteflirt for each Paid Mail sent from your Speaker address that is accepted by a Member.
Niteflirt may, at its option, invite you to participate as a Speaker in special offerings that may include custom branding, promotional pricing, qualifications verification and/or targeted promotion. You do not have any obligation to accept such invitations, however, if you do accept such an invitation, you agree to be bound by the terms set forth in the invitation in addition to the terms and conditions of the Member Agreement and the policies incorporated therein.
2. Speaker Fee Remittance.
a. When you request to receive your Speaker fees, Niteflirt will distribute Speaker fees to you from your Member account. Niteflirt makes payments only in U.S. dollar denominations.
b. If you are enrolled in monthly payments by check, Niteflirt will deduct and retain a fee of $2 for each check issued to you. If fees that are due to you for any month are less than $25, Niteflirt will hold the payment until the amount due to the Speaker at the end of any month is at least $25. Niteflirt will send fees by check mailed to the address you specify via the U.S. Postal Service approximately ten (10) days following the end of each month.
c. You may register to receive fees by direct deposit via ACH if you have a registered U.S. bank account that is eligible for ACH transfers and otherwise meet the direct deposit requirements. If you are enrolled in direct deposit and are eligible to receive funds daily by ACH, Niteflirt will send fees daily through ACH to your U.S.-based bank account. Niteflirt reserves the right to terminate a Member account's ability to receive funds daily by ACH at any time without reason or notice.
d. You are solely responsible for (i) all hardware, software and other costs incurred in using the Site, and (ii) determining, collecting, reporting and paying any applicable state and federal sales, income or other taxes. Niteflirt may withhold taxes from amounts issued to Speakers as required by law.
e. Niteflirt reserves the right in its sole discretion to institute a chargeback policy as Niteflirt deems appropriate. Niteflirt reserves the right to withhold issuing payment for your fees without notice on any transaction which in our sole discretion suggests that the Member or Member's bank may not fulfill his or her payment obligation. Niteflirt reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.
f. Niteflirt reserves the right to close a Member account at any time without reason, including, but not limited to, a violation of this Payment Policy, upon notice to the Speaker and payment to the Speaker of any unrestricted funds held in custody.
g. Niteflirt reserves the right to restrict payments from a Member account for any of the following reasons. If your Member account is identified for review, you will be notified by email and requested to provide information relevant to your Member account. Niteflirt will use reasonable efforts to promptly investigate the matter and/or reach a final decision on the restriction. If the investigation result is in your favor, Niteflirt will unrestrict your Member account. If the investigation result is not in your favor, Niteflirt may return funds to the Member and unrestrict the remainder of your Member account, will continue the restriction for up to one-hundred-and-eighty (180) days as to funds necessary to protect Niteflirt against the risk of chargebacks, or may close your Member account by giving you notice and mailing a check for any funds in your Member account that are not in dispute to the address that you have provided. If you are later determined to be entitled to any disputed funds, Niteflirt will make an additional payment of those funds to you. Reasons may include, but are not limited to, the following:
• Reports of unauthorized or unusual credit card use associated with the Member account including, but not limited to, notice by the card issuing bank
• Reports of unauthorized or unusual bank account use associated with the Member account
• Receipt of potentially fraudulent funds
• Excessive disputes or chargebacks
• Refusal to cooperate in an investigation or provide confirmation of identity when requested
• Sending unsolicited email or posting referral links on websites where they are not permitted
• Opening multiple Member accounts under different names to facilitate fraudulent activity
• Suspected violations of the Member Agreement
• Name on the bank account associated with the Member account does not match the name on the Member account
• Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number or incorrect bank account number
• Use of an anonymizing proxy
• Any other circumstances which cause Niteflirt to believe that a Member account may be being used for fraudulent purposes