I don't know how to get rid of the link at the top. I think it might be an issue I'd have to take up with the company I bought my theme from. Though, if anyone knows how to get rid of it, I'd appreciate help there too.
The main reason people do not put it at the top is because the deem other more important things should go above the fold. But there is no real reason not to.
Sounds like it is built into the theme. But If they allow you to change the theme you can Have it removed with HTML or ccs editing I believe.
I would have you see if you have a sidebar option and remove the link on the footer and place it as a text link in your side bar or on the static home page; as it doesn't change. The link will not be on every page or post as it is now. But It doesn't need to be.
I have mine in the opt in boxes on my websites and in the tabs at the top of my blogs at Blogger which lead back to my contact page were the privacy police and affiliate disclaimer is on my website.
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