Terms of Service

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PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN PARTNER AND HITFARM.COM, a division of CK Ventures Inc., its successors and assigns ("Hitfarm"). "Partner" means any individual or entity who accepts the terms and conditions of these Terms of Service by submitting the Program registration information and checking the "I Agree" checkbox. These Terms of Service apply to Partner, and if Partner is using the Program on behalf of any third party, it applies to the third party.

BY EITHER USING OR PARTICIPATING IN THE PROGRAM BY SUBMITTING ACCOUNT OR DOMAIN NAME INFORMATION TO HITFARM.COM, OR SIGNING A HARD COPY OF THESE TERMS OF SERVICE, OR ANY AGREEMENT THAT INCORPORATES OR REFERENCES THESE TERMS OF SERVICE, PARTNER REPRESENTS AND WARRANTS THAT PARTNER, PERSONALLY OR AS A DULY AUTHORIZED REPRESENTATIVE OF PARTNER'S COMPANY, CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW FOR PURPOSES OF ENTERING INTO THIS AGREEMENT.

Hitfarm reserves the right to change these Terms of Service from time to time at its sole discretion, and Partner's participation in the Program will be subject to the most current version posted on the Site at the time of Partner's use. If Partner is acting on behalf of a third party as an employee, contractor, or agent of another party, Partner warrants that such party has full knowledge of Partner's actions and has consented to Partner's entering into this agreement. These Terms of Service shall govern the participation in the Hitfarm program of managing and monetizing domain names (the "Program") by a Partner and all obligations related thereto.

1. Definitions

1.1 The following capitalized words and phrases shall have the following meanings in these Terms of Service:

  1. "Domain Name" means each domain name submitted to Hitfarm for the Program by Partner, and any related second level domain to be associated at Partner's sole discretion.
  2. "Excluded URLs" shall mean all Hitfarm Removed URLs and all Inappropriate URLs.
  3. "Hitfarm Removed URL" means any URL that Hitfarm has notified Partner shall be removed from the Program for any reason.
  4. "Inappropriate URL" means a URL (defined in this paragraph to mean a uniform resource locator and any content or information at that uniform resource located, except the Licensed Material) for which Partner has any reason to believe or has been notified that:
    1. it does not have the right to use or to associate data with that URL;
    2. it does not have appropriate rights to reproduce and distribute any of the content (other than the Licensed Materials) available at that URL;
    3. the URL violates the trademark (or other related rights), copyright, trade secret, patent or other right of any third party;
    4. the URL violates any applicable law or is subject to an injunction;
    5. the URL is libelous, defamatory or obscene;
    6. if the content available at the URL includes software, it contains a virus, worm or other code that could be damaging or harmful to computer system or stored information; or
    7. the URL is contrary to Hitfarm's policies for similar implementations of any Hitfarm services, and Hitfarm has so notified Partner.

    The following serve as examples (but is not a complete or whole list) of URLs and URL content that is contrary to Hitfarm's policies and therefore fall within the definition of Inappropriate URLs. This includes, but is not limited to the correct or incorrect spelling and variations of the following:

    1. trademarks, company names, names of specific natural persons, whether or not famous examples: McDonalds.com, macdnalds.com, xcerox.com, micaljordan.com;
    2. words which would evoke a question of legality
      examples:
      1. automatic weapons or military-style assault weapons;
      2. cracked or pirated software (especially words like appz, warez, cracks, crackz, hacks, hackz;
      3. falsely obtained passwords (especially works like passwordz);
      4. prostitution services;
      5. questionable substances or words alluding to ingestion of questionable substances;
    3. defamatory, libelous, threatening language
      example: racial or religious epithets, doing physical harm to people or their property;
    4. vulgar or obscene language
      example: f-ckyu.com
    5. torture
      language that would advocate or glorify torture
    6. rape
      language that would advocate or glorify rape
    7. sexually explicit
      language that is sexual in nature including the following:
    8. prostitution
      language that would advocate the sale of prostitution services
    9. child pornography or underage sex
      language that would advocate or glorify or just allude to sex with minors and child pornography
    10. bestiality
      language that would advocate or glorify bestiality
    11. necrophilia
      language that would advocate or glorify necrophilia
    12. incest
      language that would advocate or glorify incest
    13. pedophilia
      language that would advocate or glorify pedophilia.
  5. Landing Page means a Web page containing (i) Hitfarm or its licensors search box, (ii) links approved by Hitfarm, or (iii) any other content required or approved by Hitfarm.
  6. Licensed Materials means any links, content or marks (including, wihtout limitation, trademarks) provided by Hitfarm as part of the Program.
2. Exclusivity

Partner hereby agrees to use Hitfarm as its exclusive provider of advertising, monetization and similar services for each Domain Name that is provided to the subject of these Terms of Service.

3. Payment

3.1 The Program will pay Partner a commission of percentage of net revenue Hitfarm receive on the basis of Partner's participation in the Program in accordance with the following:

  1. the commission, which is a percentage of the net revenues earned, shall be determined by Hitfarm based on the Partner's domain name portfolio;
  2. the Program determines such commissions in tiers and such tiers shall be determined by the size, source and quality of the Partner's domain name portfolio;
  3. Partner will be paid via wire transfer in U.S. currency only, thirty business days (30) after the end of each calendar month for all commissions earned by Partner for which Hitfarm has actually received payment from its licensors and suppliers during the prior month less any amount Hitfarm determines, in its sole discretion, was not validly earned from proper use of any of Partner's websites or domain names, such as described in the "Abusive, Inappropriate or Invalid Traffic" section below; and
  4. Payment by Hitfarm will be made by bank wire and Hitfarm's bank wire charges will be paid by Hitfarm, and any intermediary or bank charges from the Partner will be at the Partner's expense.

3.2 No payment to Partner will be issued for any amount payable to Partner that is less than five hundred (US $500.00). Un-issued earnings will be held until the next payment date after the month in which the total amount due is accumulated to at least five hundred dollars (US $500.00).

3.3 Partner understands and agrees that Hitfarm shall not be responsible for determining or withholding taxes or any other obligation of Partner and that Partner is solely responsible for any local, state, federal, and/or foreign taxes on income received from the Program.

3.4 Partner agrees to indemnify from and reimburse Hitfarm for any claim or assessment against us, including tax payments levied by any national, state, and/or local taxing authority, and any other costs and damages, arising from Partner's participation in the Program.

4. Term & Termination

4.1 The term of these Terms of Service, and Partner's participation in the Program shall be for one year from the earlier of the date Partner clicked "I Agree", commenced using the Program or agreed in writing to these Terms of Service, and shall automatically renew without notice for successive terms of one year.

4.2 Partner's failure to comply with any of the Terms of Service shall constitute forfeiture of any unpaid earnings and Hitfarm may terminate Partner's account immediately on notice to Partner.

4.3 Without cost, charge or liability for termination, Hitfarm reserve the right to terminate Partner's participation in the Program and these Terms of Service at Hitfarm's discretion at any time for any reason.

5. Abusive, Inappropriate, or Invalid Traffic

5.1 Partner may not generate Internet traffic to any Partner website or any Hitfarm link by any abusive methods, including without limitation: listings on newsgroups, bulk e-mailing, icq or other instant messaging system message, chatroom/irc postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, java-scripts, incentivized traffic schemes, forwarding of domain names not in Hitfarm's system to domain names in the system, or by spyware or other downloadable programs.

5.2 Partner may not beg, ask, entice, or incentivize users into clicking on Hitfarm's links.

5.3 Partner may not mislead Internet users ("Users") into believing that any User will receive anything other than an Internet search by clicking on a textlink or search box.

5.4 Partners may not be credited for traffic that originates from countries where the primary language is not English, if Hitfarm do not support that marketplace.

5.5 Referring pages must not be password protected in any way.

5.6 Partner may only use the media that is provided by the Program and may not change any Hitfarm ad code and the manner of presentation of any Hitfarm link in any way without prior written approval by Hitfarm.

5.7 Hitfarm ad code must be found on all referring pages.

5.8 Hitfarm reserve the right to terminate your account if it is idle for more than 30 consecutive days at any time provided that Hitfarm will notify you 7 days in advance of termination.

6. Inappropriate URLs and Excluded URLs

6.1 Partner shall not deliver traffic from Inappropriate URL's or Excluded URL's.

6.2 Partner shall ensure that the Domain Names do not and will not include any Excluded URLs. Partner shall review all URLs prior to directing Users who access such URLs to the Landing Page to make certain that such URLs are not Excluded URLs. Partner shall not direct Excluded URLs to any page that is associated with Hitfarm, or on which the Licensed Materials or a link to the Hitfarm services are available. If any Domain Name includes URLs that later fit the definition of "Excluded URLs", then, immediately (at least within one business day) Partner shall:

  1. cease to provide the Landing Page in connection with that URL;
  2. remove any Hitfarm Links or Licensed Materials from any Web pages associated with that Excluded URL;
  3. dissociate the Excluded URL from the Hitfarm services so that the URL Redirect no longer makes any Licensed Materials available when a User's browser points to that URL.

6.3 Hitfarm shall have the right to require that any URL cease redirecting Users to the Landing Page or to the Hitfarm services and all such URLs shall be Hitfarm Removed URLs. Hitfarm may designate an entire domain name in which all URLs under that domain must be removed and all such URLs under such domain shall be included within the definition of Hitfarm Removed URLs. Once per month, Partner shall deliver to Hitfarm a list of all Excluded URLs. Within 24 hours of a request by Hitfarm, Partner shall deliver to Hitfarm a list of all URLs owned or operated by Partner broken out by those URLs that are Excluded URLs.

6.4 If Partner directs any User of an Excluded URL to a Landing Page or to any of the Hitfarm services, then Hitfarm may cease delivering results to that Landing Page and may exercise all other rights and remedies provided for in this Services Order.

6.5 Partner is solely responsible for ensuring that Partner's activies, or participation in the Program, do not and will not include any Excluded URLs or Inapproriate URLs.

6.6 Partner shall review all URLs prior to directing Users who access such URLs to the Landing Page to make certain that such URLs are not Excluded URLs.

6.7 Partner shall not direct Excluded URLs to any page that is associated with the Program. If any Domain Names includes URLs that later fit the definition of "Excluded URLs", then, immediately (at least within one business day) Partner shall cease to associate such URL with the Program.

6.8 Hitfarm and Hitfarm's licensor(s) shall have the right to require that any URL cease redirecting Users to content provided by the Program and all such URLs shall be Excluded URLs.

6.9 Hitfarm and Hitfarm's licensor(s) may designate an entire domain name, or portion thereof, for which all URLs under that domain must be removed and all such URLs under such domain shall be Excluded URLs.

6.10 Within 24 hours of a request by Hitfarm, Partner shall deliver list of all URLs owned or operated by Partner in association with the Program.

6.11 Partner shall promptly notify Hitfarm of any claim made or threatened against it concerning the content of any URL associated by Partner with the Program.

6.12 If Partner directs any User of an Excluded URL or Inappropriate URL to any page comprising content provided by the Program, then Hitfarm may cease delivering results to that page and may exercise all other rights and remedies stated herein.

6.13 Partner may only use the media and advertising that is provided by Hitfarm or its licensor(s) on the Domain Name Web pages and the Partner may not change, obscure, delete or add to any ad code, content or the manner of presentation of any links in any way without prior written approval by Hitfarm.

6.14 Partner shall not engage in any activity, directly or indirectly, that re-sells the Program to any third party, or re-distributes any content provided by the Program without the prior written consent of Hitfarm, or authorize any third party (other than an internet user) to use or distribute content from the Program without first contacting Hitfarm or its licensors.

6.15 Partner shall not cache, modify, or reverse-engineer any content, including, without limitation, any software, web pages, links, or any other materials provided or made accessible by Hitfarm or Hitfarm's licensors.

7. Warranties & Limits of Liability

7.1 Partner represents and warrants that it has the full capacity to agree to these Terms of Service and to be bound hereby, and that it has full power and authority to enter into this Agreement without violating or breaching (i) any of its constating documents, (ii) any applicable laws or regulations, (iii) any contract, agreement or commitment to any third party, or (iv) any third party rights.

7.2 Partner represents and warrants that:

  1. it owns or controls the exclusive right to place content, advertisements, materials and services on the Domain Names and to grant the rights to Hitfarm granted hereunder and to perform its obligations hereunder and that no other party has any current rights to the Domain Names, including any rights to payment for any of the actions contemplated by this Agreement; and
  2. that the Domain Names does not include any Inappropriate URLs; and Partner shall indemnify, defend and hold Hitfarm harmless for any third-party claim resulting from:
    1. a breach of the representations and warranties contained in the preceding sentence;
    2. inclusion in the Domain Names of any Inappropriate URL, Excluded URL or Hitfarm Removed URL; or
    3. if any party that owns (or otherwise has any rights in) a URL shall make any claim against Hitfarm, then Partner shall indemnify, defend and hold Hitfarm harmless for all amounts related to such claim in accordance with the Terms of Service.

7.3 PARTNER ACKNOWLEDGES AND AGREES THAT HITFARM IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES.

7.4 HITFARM PROVIDES PARTNER WITH THE PROGRAM, ITS SERVICES, SOFTWARE AND ANY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE, HITFARM AND ITS LICENSORS MAKE NO OTHER WARRANTIES (EXPRESS, IMPLIED OR ARISING BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED.

7.5 HITFARM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PROGRAM, THE SERVICES, OR ANY SOFTWARE OR OTHERWISE THAT MAY ARISE UNDER THIS AGREEMENT. HITFARM DISCLAIMS ANY WARRANTIES FOR ANY GOODS OR SERVICES ADVERTISED THROUGH THE PROGRAM, RECEIVED OR ACCESSED THROUGH ANY LINKS THROUGH THE PROGRAM OR ANY PRODUCTS OR SERVICES ACCESSED THROUGH THE PROGRAM. HITFARM AND ITS LICENSORS MAKE NO, AND DISCLAIMS ANY, WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROGRAM, THE SERVICES, ANY SOFTWARE AND THE CONTENT.

7.6 UNDER NO CIRCUMSTANCES SHALL HITFARM, ITS EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF HITFARM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE PROGRAM, ANY ACT OR OMISSION OF HITFARM, ITS EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES OR LICENSORS OR THEIR PRODUCTS OR SERVICES, HOWSOEVER ARISING, WHETHER FROM USE OR MISUSE OF THE PROGRAM OR ANY CONTENT, FROM INABILITY TO USE THE PROGRAM OR ANY CONTENT, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PROGRAM OR ANY CONTENT. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PROGRAM OR ANY LINKS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PROGRAM, ANY CONTENT OR ANY LINKS.

7.7 IN ANY CIRCUMSTANCE IN WHICH PARTNER IS ENTITLED TO ANY DAMAGES AGAINST HITFARM UNDER THIS AGREEMENT FOR ANY REASON, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT OR TORT), INCURRED IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, THEN THE AGGREGATE LIABILITY OF HITFARM FOR ALL DAMAGES, INJURY, AND LIABILITY INCURRED BY PARTNER AND ALL OTHER PARTIES IN CONNECTION WITH THESE TERMS OF SERVICE OR THE PROGRAM, WILL BE LIMITED TO AN AMOUNT EQUAL TO THE FEES ACTUALLY PAID BY HITFARM UNDER THIS AGREEMENT TO PARTNER IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE. LICENSEE MAY NOT BRING ANY ACTION, CLAIM OR PROCEEDING UNDER THIS AGREEMENT 12 MONTHS AFTER THE DATE THE CAUSE OF ACTION, CLAIM OR PROCEEDING FIRST AROSE.

7.8 Partner shall indemnify, defend, and hold harmless Hitfarm, its officers, directors, shareholders, employees, agents, affiliates, licensors and representatives (collectively, "Indemnitee"), against all liability, demands, claims, costs, losses, damages (whether incidental, punitive, consequential, special, or exemplary), recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by Indemnitee ("Losses"), known or unknown, contingent or otherwise, directly or indirectly arising from or related to Partner's participation in the Program, or acts or omissions related to or arising out of this Agreement.

7.9 Partner further acknowledges and agrees that any dispute arising over the ownership of any Domain Name, including any dispute, claim, allegation or action over violations or infringement of third party's rights, is entirely the responsibility and liability of Partner and Partner shall defend and indemnify the Indemnitee for any Losses related pursuant to any dispute between Partner and a third party over any right, title or interest to any Domain name.

7.10 Should the ownership or any right, title or interest of any Domain Name become the subject of a dispute between Partner and any third party, Hitfarm may (1) immediately cease to provide the any services, content or participation in the Program for any affected Domain Names; (2) immediately terminate this Agreement notwithstanding Section 4.1; or (3) withhold payment to Partner until one of the following occurs:

  1. Partner, Hitfarm and the third party enter in to a written agreement for the disposition of all payments due under this Agreement; or
  2. Hitfarm is legally compelled by court order of competent jurisdiction to dispose of such payments. Hitfarm shall not be required to inquire in to or defend against any such order and will obey such court order.
8. Confidentiality

During the term of Partner's participation in the Program and thereafter, Partner agrees to safeguard, keep secret and, except for the benefit of the Program, not to disclose to any third party, any Confidential Information acquired from Hitfarm during Partner's participation in the Program or following the expiration or termination of the Partner's participation. Further, Partner shall not use any Confidential Information for any purpose except to fulfill Partner's obligations under these Terms of Service "Confidential Information" means, without limitation, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.

9. Modifications

Hitfarm reserve the right to amend these Terms of Service at any time by posting amended Terms of Service on the link located at www.Hitfarm.com. Any such amendment shall be effective immediately. The current Terms of Service shall be regularly posted by Hitfarm, and Partner is responsible for reviewing these Terms and for complying with any changes to the terms and conditions within 10 days of the date of posting of such amended Terms of Service.

10. Self Affiliation

No self affiliation is allowed. If the Partner participates in Hitfarm's affiliation program whereby the Partner may share in a percentage of Hitfarm's profits from another client referred to Hitfarm by the Partner, the Partner may not engage in any self-affiliation (directly or indirectly) whereby the Partner attempts to refer themselves to Hitfarm as a new client, including but not limited to, by acquisition of a new portfolio under a different related entity, or second account under the same Partner name. Any attempt by Partner to affiliate itself or any entities in which Partner has any direct or indirect interest shall permit Hitfarm to terminate this Agreement on seven days written notice and retain any amounts that would otherwise be payable under the affiliation program.

11. Severability

If any covenant or other provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or incapable of being enforced by reason of any rule of law or public policy, then such covenant or other provision will be severed from and will not affect any other covenant or other provision of this Agreement, and this Agreement will be construed as if such invalid, illegal, or unenforceable covenant or provision had never been contained in this Agreement. All other covenants and provisions of this Agreement will, nevertheless, remain in full force and effect and no covenant or provision will be deemed dependent upon any other covenant or provision unless so expressed herein.

12. Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Service shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. The headings herein are included for convenience only and shall neither affect the construction or interpretation of any provision hereof nor affect any of the rights or obligations of the parties.

13. Licensors

Partner agrees and acknowledges that Hitfarm's licensor(s) are intended third-party beneficiaries of the terms and conditions of these Terms of Service, and that Hitfarm's licensor(s) shall have a direct right of enforcement against Partner of any term in these Terms of Service inuring to the benefit of such licensor(s).

14. General

14.1 Partner may not assign any of its rights or delegate any of its duties under this Agreement without Hitfarm's prior written consent. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations under these Terms of Service.

14.2 Except for any licensors of Hitfarm, these Terms of Service are made solely for the benefit of the parties hereto, and no other person or entity shall have or acquire any right by virtue of these Terms of Service.

14.3 These Terms of Service shall be governed and interpreted in accordance with the laws of Barbados excluding its conflict of laws principles, and any action hereunder shall be brought in Barbados except for any applications by Hitfarm for injunctive or other equitable relief.

14.4 Partner is an independent contractor and in no way and under no circumstances that Partner should look to the Program for compensation and benefits as an employee.

14.5 Hitfarm shall not be liable to perform any obligation under this Agreement or for any loss or damage arising from its failure to perform its obligations under this Agreement for any cause whatsoever beyond its reasonable control, including labor disputes, acts of God, governmental controls, restrictions, laws, regulations, strikes, lockouts, labor disputes, embargoes, or the acts of third parties (including internet service providers or licensors of Hitfarm), acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, judicial or legal orders, enemy or hostile action, terrorism, civil commotion, fire, flood or other casualty.

14.6 No party has been induced to enter into these Terms of Service by, nor is any party relying on, any representation or warranty outside those expressly set forth herein.

14.7 Each of the parties is an independent contractor, and in no way, and in no circumstances shall Hitfarm be responsible or liable for any compensation and benefits to any employee, contractor or subcontractor of Partner.

14.8 Notwithstanding the expiration or termination of this Terms of Service for any reason, all payment obligations that have accrued hereunder, all obligations of confidentiality, and all obligations and rights which by their nature are intended to continue, will survive the expiration or termination of this Terms of Service.

14.9 Neither party is or will be agent of the other for any purpose and has and will have no authority to bind the other in any manner, except as expressly agreed to in writing.

14.10 Any notice or other communication required to be given under this Terms of Service will be deemed properly given if given in writing and delivered in person, sent by email, prepaid registered mail or sent by facsimile during normal business hours on a Business Day.

14.11 The failure of a party to insist upon or enforce strict performance of any of the provisions of this Terms of Service or to exercise any rights or remedies under this Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

14.12 This Terms of Service sets forth the entire agreement, and supersedes and replaces any and all prior agreements between the parties, whether written or oral, regarding the subject matter hereof. There are no terms, obligations, covenants, representations, statements or conditions other than those contained herein. No party has been induced to enter into this Terms of Service by, nor is any party relying on, any representation or warranty outside those expressly set forth herein.

14.13 THE PARTNER ACKNOWLEDGES AND AGREES THAT THE PARTNER HAS READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, AND THAT THE PARTNER WAS GIVEN THE REASONABLE OPPORTUNITY TO SEEK AND OBTAIN APPROPRIATE LEGAL ADVICE AND THE PARTNER HAS EITHER DONE SO, OR ELECTED NOT TO DO SO WITHOUT DURESS OR PRESSURE FROM HITFARM OR ANY OTHER THIRD PARTY.

END OF TERMS OF SERVICE FOR HITFARM.COM