Broker/Independent Contractor Registration

Broker Info
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W9
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Terms And Conditions

FINANCIAL LYNX - STRATEGIC PARTNER AGREEMENT

This Agreement is entered today by and between FINANCIAL LYNX, a New York Company ("Financial Lynx" or "FL"), and the referral partner completing this form ("Agent").

Purpose: The purpose of this Agreement is to establish the terms and conditions of the partnership between Financial Lynx and the Agent regarding client referrals and the protection of Proprietary and Confidential Information.

1. Definitions:
"Proprietary Information": All confidential data belonging to FL, including but not limited to systems, processes, bank lists, banker lists, underwriting techniques, internal procedures, evaluation methodologies, algorithms, business strategies, client analysis methods, internal documentation, software, proprietary training materials, and technology platforms developed or used by FL.
"Confidential Information": All client data, including but not limited to individual names, addresses, social security numbers, financial details, telephone numbers, email addresses, bank information, and referral codes.
"Success Fee Agreement": The legally binding document executed between FL and the borrower (Client), detailing the fees payable to FL upon successful funding.
2. Roles:
Financial Lynx (FL) is responsible for underwriting client files, analyzing financing options, placing transactions with suitable financial institutions, and managing client relationships through funding completion.
Agent serves exclusively as a referral partner, responsible for submitting qualified client referrals to FL and ensuring accurate and truthful client information.
3. Non-Circumvention and Non-Solicitation:
Both parties agree not to circumvent, avoid payment of fees or commissions, bypass, or obviate each other, directly or indirectly, in any transaction with any entity revealed by either party to the other.
Agent agrees not to independently solicit, contact, or engage directly or indirectly with any bank, lender, financial institution, underwriter, or financing source introduced by or associated with FL without explicit prior written consent from FL.
Agent shall not contact any lender FL introduces to Agent via Letter of Intent, term approvals, or other means. Any future deals Agent wants to introduce to Lender/Investor must be first issued to FL.
No telephone calls or inquiries are allowed to any bank, investment bank, lender, officers, investor(s), mortgage holders, or purchasers, other brokers, that have been provided to the Agent by FL, that the Agent does not have a relationship with as of the date of signing this agreement, without prior written approval from an authorized officer of FL.
4. Confidentiality:
Both parties agree that all information disclosed during the term of this Agreement, whether oral, written, or otherwise, is Confidential and Proprietary.
Agent shall not disclose any Confidential or Proprietary Information to any third party without specific written formal consent from FL.
Agent agrees that non-qualified or dormant applicants can be re-analyzed and contacted after 45 calendar days.
Agent understands that upon submission of a potential transaction FL will submit the transaction to one of its lenders that it has a relationship with, after a Success Fee Agreement is executed. FL will then notify the Client and the Agent of interest in their deal to proceed to the next steps of the application with the Lender.
Agent agrees that once the Success Fee Agreement is executed and the facility is submitted to the Lender, for reasons of efficiency, FL must be in direct communication with the Applicant with no third-party relaying of information whatsoever.
Any breach of confidentiality or unauthorized disclosure could result in significant harm to FL. Accordingly, the parties agree that such breach shall entitle FL to seek reasonable compensation, including but not limited to direct damages, associated costs, and attorney’s fees incurred in enforcing this Agreement.
5. Liability:
Limitation of Liability: Neither party shall be liable for indirect, incidental, consequential, special, punitive, or exemplary damages arising from this Agreement. Notwithstanding, the total liability of either party for direct damages shall not exceed the amount of commissions paid or payable to the Agent under this Agreement during the 12 months preceding the claim.
Indemnification: Agent agrees to indemnify and hold harmless FL, its affiliates, officers, directors, and employees from any claims, liabilities, damages, or losses arising from Agent’s breach of this Agreement, including but not limited to breaches of confidentiality and data security obligations.
6. Data Security and Handling Obligations:
Agent acknowledges that all documents and Proprietary Information must be uploaded exclusively to FL’s secured portal.
Agent agrees to strictly adhere to all security protocols as required by applicable New York State and New York City data security regulations, including but not limited to, the SHIELD Act and Gramm-Leach-Bliley Act (GLBA).
7. Audit and Compliance Rights:
FL reserves the right, upon reasonable notice, to audit Agent’s records and practices to verify compliance with the terms of this Agreement, particularly concerning data security, confidentiality, and proprietary information handling. Agent agrees to fully cooperate during such audits.
8. Compensation:
See Schedule A for detailed compensation terms. All compensation details are exclusively found in Schedule A.
9. Communication:
FL reserves the right to utilize various communication methods, including email, SMS, and other contact means, to keep Agents informed about essential updates and opportunities. Agent consents to receive such communications. Agent may opt-out or update communication preferences in writing.
10. Term and Termination:
This Agreement shall remain in effect for a period of THREE (3) years, or for the life of any agreement, contracts, or commercial agreements, whichever is longer, and will automatically renew itself for a three (3) year period unless mutually agreed to in writing to cancel the same within 30 days of the anniversary date of this Agreement.
This Agreement supersedes any and all prior agreements, either oral or written, between the Parties. Any modification of this Agreement will be effective only if it is in writing and signed by both Parties.
11. General Provisions:
This Agreement shall be interpreted under the laws of New York.
This Agreement shall be binding and inure to the benefit of the parties hereto, their respective heirs, representatives, successors, assignees, and designees, as well as referrals to or from them.
Fax or electronic delivery shall be a binding legal contract.
12. Dispute Resolution:
Mediation Clause: Prior to initiating arbitration, the parties agree to attempt mediation in good faith to resolve any disputes arising under this Agreement. Mediation will take place in New York, NY, and will be conducted by a mediator mutually agreed upon by both parties.

Arbitration and Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this Agreement, including its breach, termination, enforcement, interpretation, or validity, shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
The arbitration shall take place in New York, NY, before a single arbitrator.
The arbitrator shall have the authority to award any relief available in court, including injunctive and declaratory relief.
The parties waive their right to bring claims in court or participate in a class action lawsuit.
Each party shall bear its own costs, except as required by the arbitrator’s decision.
Judgment on the arbitration award may be entered in any court of competent jurisdiction.
By agreeing to this clause, the AGENT waives their right to sue in court and agrees to resolve disputes solely through arbitration.

REFERRAL PARTNER PORTAL TERMS AND CONDITIONS
This Referral Partner Agreement (the "Agreement") governs the use of the unique referral link provided by Financial Lynx ("FL") to its approved agents ("AGENT") within FL's Partner Portal. By using this referral link and submitting applications through FL’s system, AGENT agrees to comply with the following terms and conditions:
Compliance with Laws and Regulations:
AGENT must adhere to all applicable federal, state, and local laws, as well as FL internal policies and compliance requirements.
AGENT shall not engage in any deceptive, misleading, or unethical marketing practices.
Accuracy and Integrity of Information:
AGENT must ensure that all information provided in any client application is accurate, complete, and truthful.
AGENT shall not submit fraudulent, falsified, or misleading information under any circumstances.
Prohibition on Signing on Client’s Behalf:
AGENT is strictly prohibited from signing or submitting applications on behalf of a client without the client’s express consent.
AGENT shall not forge, alter, or misrepresent any client’s information or signature.
Adherence to FL Policies:
AGENT must comply with all rules, guidelines, and procedures set forth by FL regarding client applications, referral processes, and commission structures.
Any attempt to circumvent FL policies or systems will be deemed a violation of this Agreement.
Confidentiality and Data Protection:
AGENT shall maintain the confidentiality of all client data and shall not share, sell, or misuse any information obtained through the referral process.
AGENT must ensure that all client interactions are conducted in compliance with data protection laws, including but not limited to the Gramm-Leach-Bliley Act (GLBA) and any applicable privacy regulations.
Breach and Termination:
Any violation of this Agreement, including but not limited to fraud, misrepresentation, non-compliance with FL’s policies, or submission of false applications, will result in immediate termination of the AGENT’s referral privileges.
FL reserves the right to pursue legal action, including but not limited to civil litigation and financial penalties, against any AGENT found to have engaged in fraudulent or unlawful activities.
AGENT shall be liable for any damages, financial losses, or reputational harm suffered by FL due to a breach of this Agreement.
Any violation of this Agreement will result in the immediate forfeiture of any active or owed commissions to the AGENT.

Indemnification:
AGENT agrees to indemnify and hold harmless FL, its affiliates, officers, directors, and employees from any claims, liabilities, damages, or losses arising from AGENT’s non-compliance, fraudulent activities, or breach of this Agreement.
Modifications and Updates:
FL reserves the right to modify, update, or amend these terms and conditions at any time without prior notice.
Continued use of the referral link constitutes AGENT’s acceptance of any revised terms.
Governing Law and Jurisdiction:
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Any disputes arising from this Agreement shall be resolved in the courts of New York, and AGENT consents to the exclusive jurisdiction of such courts.
By using the referral link provided by FL, AGENT acknowledges and agrees to these Terms and Conditions. Failure to comply will result in termination, forfeiture of commissions, and potential legal consequences.

Schedule A - AGENT COMPENSATION
In the event of any discrepancy between the terms of this Schedule and the main FINANCIAL LYNX - STRATEGIC PARTNER AGREEMENT (the "Agreement"), the Agreement shall prevail.
1. General Compensation Terms:
Payment Structure: AGENT shall be paid a One-Time Lump Sum Compensation for each unique Merchant/Client referral only after the Merchant/Client has received their financing and FINANCIAL LYNX has received payment for its services.
Payment Timing:

- Wire Transfers: AGENT's Compensation shall be due and payable within one (1) business day after FINANCIAL LYNX receives and clears funds via wire transfer.

- ACH Payments: AGENT's Compensation shall be due and payable within five (5) business days after FINANCIAL LYNX receives and clears funds via ACH payment.
Payment Method: FINANCIAL LYNX agrees to pay AGENT via ACH direct deposit.
Prerequisites for Payment: AGENT must have signed this agreement, signed W9, provided ID of owners, and a voided check on file with FINANCIAL LYNX to receive payment.
Agent Status: AGENT is an independent referral partner and not an employee of FINANCIAL LYNX.
Compensation Changes: Compensation terms are subject to change by FINANCIAL LYNX. Any changes will be communicated to AGENT in writing with at least 30 days' notice.
2. Specific Compensation Details:
A. Asset Based Lending, SBA, Real Estate, Equipment, Term Loans, Lines of Credit: AGENT shall be paid a One-Time Lump Sum Compensation as determined by the current FL compensation schedule.
B. Factoring, Purchase Order Financing, Contract Financing: Compensation for these products will be negotiated on a case-by-case basis, taking into consideration deal size, complexity, and potential risks.
C. Standard Commission Split: Unless otherwise agreed in writing, compensation on FL products will be a 50% split between FL and AGENT, with the exception of the Line of Credit program.
3. Line of Credit Compensation Breakdown:
Success Fee Agreement: Before an applicant is submitted for line of credit underwriting, the client must agree to and sign a Success Fee Agreement. The standard Success Fee Agreement is 10% of the new facility amount.
Fee Split: 
- If the Success Fee is 6% or more, the fee will be split 50/50 between FL and the AGENT.

- If the Success Fee is below 6%, FINANCIAL LYNX will retain 3%, and the AGENT will receive the remainder. (Example: If the fee is 5%, FL keeps 3%, and the AGENT earns 2%).
Prohibited Fees: AGENT is strictly prohibited from charging the client any fees outside of the Success Fee Agreement. AGENT is not allowed to charge any upfront fees under any circumstances.
Exclusivity Period: The AGENT has exclusivity to the client for 30 days from the issuance of the Success Fee Agreement. After 30 days, the exclusivity expires.
4. Disputes & Commission Clawback:
If a client refuses to pay, disputes payment, or engages legal counsel regarding their obligation, FINANCIAL LYNX will withhold the AGENT's portion of the commission until the dispute is fully resolved.
If a commission has already been paid to an AGENT and the client later engages in legal action, FINANCIAL LYNX reserves the right to claw back the full amount of the AGENT’s commission.
The AGENT must return the disputed commission within 30 days of notification from FINANCIAL LYNX.
Once the dispute is settled and payment is received, the AGENT’s commission will be paid out accordingly.
Should a client dispute payment due to allegations of fraud, misrepresentation, or misleading information caused directly by the AGENT, Financial Lynx reserves the right to immediately suspend AGENT's commission payments related to the disputed transaction. If such allegations are substantiated, Financial Lynx may permanently withhold or claw back commissions associated with the disputed client and reserves the right to terminate the AGENT's referral privileges immediately.
5. Affiliate/Partner Referrals:
If AGENT refers another AGENT (AFFILIATE) to FINANCIAL LYNX, FINANCIAL LYNX will compensate AGENT with a commission equal to 10% of the total commission earned by the new AFFILIATE.  The commission will be earned on any signed Fee Agreement submitted to FINANCIAL LYNX by new AFFLIATE  for the first 60 days of the new AFFILIATE signing up with FINANCIAL LYNX, with a cap of five successful transactions.
This compensation does not apply if the referred party is already an approved affiliate with FINANCIAL LYNX at the time of referral.
These terms are subject to the stipulations in the official affiliate agreement.
If AGENT chooses to manage a new referring AGENT referral, FL will pay the AGENT 50% compensation, and the AGENT can determine the compensation for the new referring AGENT from their split.
By checking this box I agree to the terms and conditions. *