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[ Terms of Service ]
2010-07-29
Our Terms of Service
1.
Hit Connector's Responsibilities
Hit Connector agrees to provide Hit Connector Traffic Builder Services for Client based upon the terms and conditions contained herein; which may be revised from time to time by agreement from both parties hereto.
2.
Deliverables
2.1 Hit Connector agrees to provide Client the following key services during contract period:
Based on Hit Connector's proprietary databases featuring more than 23 (twentythree million) professional web sites and utilizing specially developed software, Hit Connector will generate highly pre-qualified traffic (active webmasters) for Client's site to the mutually agreed extent.
It is understood that this proprietary technique does not employ email marketing (neither opt-in nor unsolicited), banner ads, newsgroup postings, search engine positioning or any other conventional high profile activity which might jeopardize Client's good standing within the Internet community.
Regular re-submissions where required.
2.2 It is understood that all traffic generated by Hit Connector on Client's behalf will be funneled without delay through Hit Connector's web site to be gauged, evaluated, documented and invoiced thereon and therefrom. All invoices are based on the data stored in Hit Connector's traffic log files.
2.3 Traffic charges are limited to unique visitors as determined by IP. Charges will ensue once per calendar month per unique visitor. Multiple visits by same visitor within this time frame will be charged as one single hit only.
3.
Unconditional Guarantee
Should Hit Connector fail to generate any traffic within the initial two weeks period, Client will be refunded in full, no excuses allowed, no questions asked! (Also, traffic generating from Hit Connector's own domains will not qualify.)
Moreover, if Hit Connector should fail to generate at least 1,000 unique visitors to Client's web site within initial two weeks period, Client will receive two full weeks' worth of traffic for FREE!
4.
Confidentiality
4.1 Hit Connector recognizes and acknowledges that the services for its clients are confidential. And to enable Hit Connector to perform these services, clients may need to furnish to Hit Connector confidential information concerning their business affairs, finances, properties, methods of operation and other data; that the good will of the Client depends, among other things, upon Hit Connector keeping such services and information confidential and that unauthorized disclosure of the same could irreparably damage the reputation of Client in the marketplace.
4.2 All such information concerning services rendered by Hit Connector to Client is hereinafter collectively referred to as Confidential Information.
4.3. Hit Connector acknowledges that Client's customer or prospect names, email communications, web site, physical address, and other proprietary data referred to Hit Connector are confidential and proprietary to the Client; and Hit Connector agrees to use reasonable care to safeguard the Confidential Information and to prevent the unauthorized use or disclosure thereof; the same being not less than that employed to protect Hit Connector's own proprietary information.
4.4 Hit Connector agrees to require any sub-contractors who will be performing additional services for Client to sign a binding confidential agreement with Hit Connector before said entity performs any and all services.
5.
Non-Disclosure
Hit Connector agrees that, except as directed by Client, Hit Connector will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever, or permit any person whatsoever to examine and/or make copies of any reports or any documents prepared by Client or that come into Hit Connector's possession or under Hit Connector's control by reason of Hit Connector's consulting services, and that upon termination of this Agreement Hit Connector will turn over to Client all documents, customer lists, papers, software, source-code, copies and other matter in Hit Connector's possession or under Hit Connector's control that relate to Client's software or services.
6.
General
6.1.
Enforceable
The provisions of this Agreement shall be enforceable notwithstanding the existence of any claim or cause of action of Client against Hit Connector whether predicated on this Agreement or otherwise.
6.2.
No Assignment
This Agreement may not be assigned by Hit Connector. The obligations of Hit Connector under this Agreement shall not terminate upon any attempted assignment.
6.3.
Severability
If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.
6.4.
Governing Law
This Agreement shall be construed in accordance with the laws of international arbitration and both parties agree to jointly identify such a governing body if the need arises to seek legal redress.
6.5.
Entire Agreement
This Agreement contains the entire agreement of the parties relating to the subject matter hereof. Any notice of change to be given under this Agreement shall be sufficient if it is in writing and is sent by certified or registered mail to the Hit Connector at its principal office, attention of the President/CEO or otherwise as directed by the Hit Connector, from time to time, being agreed upon by Client and Hit Connector.
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