Effective Date: October 15, 2021
Beginning on October 15, 2021, New Specialty Merchant Registration Requirements for Adult Content Merchants Will Become Effective for MasterCard®.
Under the Standards, an adult content Merchant or Submerchant must adopt certain protocol for a non-face-to-face adult content and services Transaction that occurs when a consumer uses an Account in a Card-not-present environment to purchase adult content or services, which may include but is not limited to subscription website access; streaming video; pictures and images; and videotape and DVD rentals and sales. In connection therewith, La Touraine, Inc. (“LTI”) makes the following statement:
A. LTI offers to end users (“consumers”) the opportunity to purchase subscription membership access to this website, which features sexually explicit content (“adult content”), using an Account in a Card-not-present environment.
B. LTI does not permit any illegal content or any activity on this website that otherwise violates the Standards.
C. LTI does not allow any third-party user (“content provider”) to upload or generate content, including real-time/live streaming content, on this website.
D. LTI maintains a link on this website that redirects a consumer to www.tonightstslive.com, a separate domain, which hosts real-time/live streaming content on a white label site owned and operated by ICF Technology, Inc. dba Streamate®.
E. ICF Technology, Inc. offers to consumers the opportunity to purchase (in a Card-not-present environment) access to www.tonightstslive.com, which features adult content.
F. ICF Technology, Inc. is the Merchant or Submerchant responsible for meeting the Standards on www.tonightstslive.com.
Under the Standards, all adult content and services Merchants must comply with the following requirements. In connection therewith, LTI makes the following statement:
LTI will not and does not market the content of this website or permit content search terms to give the impression that the content contains child exploitation materials or the depiction of nonconsensual activities.
2. Complaint Process:
LTI supports a complaint process that allows for the reporting of content that may be illegal or otherwise violates the Standards and LTI will review and resolve all reported complaints within seven (7) business days. In the event such review yields evidence of illegal content, LTI will remove such content immediately. If you feel that any content on this website may be illegal or otherwise violates the Standards, please email the Complaint Process Administrator at email@example.com.
3. Appeal Process:
LTI offers the ability for any person depicted in a video or other content on this website to appeal to remove such content. Once an appeal to remove content is received, LTI will review its records in order to determine if the appropriate consent was obtained. If consent cannot be established, or if the person depicted in the content can demonstrate that the consent is void under applicable law, LTI will remove such content immediately. If you are depicted in a video or other content on this website and wish to appeal to remove such content, please email the Appeal Process Administrator at firstname.lastname@example.org.
If you disagree with LTI’s determination that valid consent was obtained, by filing such an appeal to remove such content, you agree to allow such disagreement to be resolved by arbitration before a single neutral (“arbitrator”) to be conducted by the American Arbitration Association located in the City of San Diego under the Commercial Arbitration Rules at LTI’s expense. You further agree that any decision by the arbitrator is binding and may be entered and enforced as a declaratory judgment in the San Diego Superior Court.
4. Monthly Reports:
LTI will provide its Acquirer (“Merchant Bank”) with monthly reports that include a list of all content, including URLs and videos, flagged as potentially illegal or otherwise in violation of the Standards and the relevant actions taken by LTI, as well as details of all complaints and take-down requests LTI received. Under the Standards, the Merchant Bank must share these reports with MasterCard upon request.
LTI will not attract users to its website by utilizing adult content that is illegal or otherwise violates the Standards.
6. Sex Trafficking:
LTI prohibits the use of its website in any way that promotes or facilitates human trafficking, sex trafficking or physical abuse. LTI is an active member and participant in several anti-human trafficking and/or anti-child exploitation organizations, including but not limited to the Association of Sites Advocating Child Protection, the National Center for Missing and Exploited Children, and Polaris.
7. Temporary Access:
Upon request, the Merchant Bank must be able to provide MasterCard with temporary account credentials that allow access to the website for up to seven (7) days to view all content that is behind a paywall or otherwise restricted to members of the website. To that end, LTI will provide the Merchant Bank with any and all passwords or codes necessary to gain such access.