View Terms & Conditions
HILLink Terms and Conditions
Last Updated: November 12, 2025
Welcome to HILLink (“we,” “our,” “us”). These Terms and Conditions (“Terms”) govern your access to and use of the HILLink website, platform, and related services (collectively, the “Platform”).
By accessing or using the Platform, you agree to be bound by these Terms.
1. Platform Purpose
HILLink provides an online marketplace connecting college athletes (“Athletes”) and businesses or sponsors (“Businesses”) for compliant Name, Image, and Likeness (“NIL”) marketing campaigns.
HILLink acts solely as a facilitator — not as an employer, agent, or representative of either party.
2. Account Registration
Users must create an account and provide accurate, complete information.
Athletes must verify eligibility and compliance with NCAA, state, and institutional NIL policies.
Businesses must provide valid payment information and comply with applicable advertising laws.
HILLink reserves the right to suspend or terminate accounts that provide false or incomplete information.
3. Platform Fees and Payments
Businesses agree to pay all subscription, per-campaign, and service fees as displayed on the Platform.
HILLink collects payment on behalf of Athletes, deducts its platform margin, and distributes funds once deliverables are verified.
HILLink may hold funds temporarily in escrow for verification, compliance, or dispute-resolution purposes.
Businesses authorize HILLink to process recurring subscription payments automatically until canceled.
4. Refunds and Credits
All payments, subscriptions, and campaign fees are non-refundable once a campaign begins or access to athlete data has been provided.
HILLink may, at its sole discretion, issue account credits for future use in exceptional circumstances.
5. No Circumvention (“Anti-Snake Clause”)
To maintain marketplace integrity, Users agree not to circumvent or attempt to engage directly with one another outside the Platform to avoid fees or subscriptions.
If HILLink determines circumvention occurred, it may:
Suspend or terminate the account;
Withhold or reclaim pending payouts; and
Assess liquidated damages equal to the estimated or twice the value of the avoided transaction (minimum $500).
This restriction applies for 12 months after the last interaction between the Athlete and Business.
6. Campaign Deliverables and Disputes
Businesses must define campaign deliverables clearly before posting.
Athletes must fulfill deliverables within agreed timelines.
HILLink may mediate disputes but is not liable for campaign performance or results.
All decisions by HILLink administrators in dispute resolution are final.
7. Compliance with NIL Regulations
All Users are solely responsible for compliance with NCAA, state, and school NIL regulations.
HILLink does not provide legal advice.
Any non-compliant campaign may be suspended or removed without refund.
8. Taxes and Reporting
Athletes are independent contractors responsible for their own taxes and reporting.
HILLink may issue IRS Form 1099s for qualifying earnings.
Businesses are responsible for their own tax obligations.
9. Ownership and Content Rights
Users grant HILLink a limited, non-exclusive license to display submitted content (e.g., logos, posts) for campaign facilitation and platform marketing.
Users retain full ownership of their content.
HILLink retains ownership of all platform design, software, analytics, gamification, and proprietary systems.
10. Limitation of Liability
HILLink is not liable for:
Missed payments or user disputes;
Any NIL or institutional rule violations;
Loss of profits, reputation, or indirect damages.
Total liability shall not exceed the total fees paid to HILLink in the six (6) months preceding any claim.
11. Indemnification
Users agree to defend, indemnify, and hold harmless HILLink, its officers, employees, and affiliates from any claims, damages, or expenses (including reasonable attorneys’ fees) arising out of:
Their breach of these Terms;
Their violation of any law, NIL rule, or third-party right; or
Their misuse of the Platform.
12. Termination
HILLink may suspend or terminate accounts that violate these Terms, misuse the Platform, or attempt circumvention.
Upon termination, Users lose access to active campaigns and any pending payouts subject to compliance review.
These Terms survive termination where necessary to enforce ongoing obligations.
13. Platform Protections and Enforcement
13.1 Non-Circumvention
Users acknowledge HILLink invests substantial resources in maintaining its marketplace.
For 12 months following any introduction, communication, or transaction facilitated through HILLink, Users agree not to circumvent, bypass, or engage directly outside the Platform.
Violations may result in:
Immediate suspension or termination;
Withholding or reclamation of pending payments; and
Assessment of liquidated damages equal to twice the avoided transaction value (minimum $500).
13.2 Non-Solicitation
Users shall not solicit or encourage other Users to transact outside HILLink or to leave the Platform.
Any such attempt constitutes a material breach and may result in permanent termination and legal enforcement.
13.3 Confidentiality and Data Ownership
All user data, analytics, pricing structures, and campaign materials are proprietary to HILLink.
Users may not copy, export, share, or use HILLink data or materials for competing purposes.
13.4 Platform Content and Intellectual Property
All code, design, gamification systems, and features are HILLink’s exclusive IP.
Users may not reverse-engineer, reproduce, or misrepresent any part of the Platform.
13.5 Payment Control and Enforcement
HILLink acts as a neutral payment facilitator and may withhold payouts under dispute, fraud, or compliance review.
Funds may be applied toward outstanding fees or penalties.
Violators forfeit any pending rewards or bonuses.
13.6 No Competition
Users agree not to use Platform information to build or support any competing NIL marketplace or service without HILLink’s written consent.
13.7 Survival and Enforcement
These protections remain enforceable for twelve (12) months after account termination.
HILLink reserves the right to seek injunctive relief or monetary damages for any breach.
14. Privacy Policy
Use of the Platform is also governed by our Privacy Policy
.
By using HILLink, Users consent to our collection and processing of information as described therein.
15. Governing Law and Arbitration
These Terms are governed by the laws of the State of Texas, without regard to conflict of law rules.
Any dispute shall be resolved by binding arbitration in Bryan, Texas, under the rules of the American Arbitration Association.
Each party shall bear its own costs and attorneys’ fees.
16. Disclaimer
The Platform and all related services are provided “as is” and “as available.”
HILLink makes no warranties of any kind, express or implied, regarding performance, campaign outcomes, engagement metrics, or earnings.
Users assume full responsibility for participation and compliance.
17. Severability and Entire Agreement
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms constitute the entire agreement between HILLink and its Users and supersede all prior understandings.
18. Changes to Terms
HILLink may update these Terms at any time. Continued use of the Platform after updates constitutes acceptance of the revised Terms.
19. Contact
HILLink, LLC
contact@hillink.io
