Version 1.0 | Governing Law: Wyoming
1.1. Nature of Relationship. Affiliate is an independent contractor, not an employee. Affiliate has no authority to bind DSCR Flow, LLC ("Company").
1.2. Tax Responsibility. Affiliate is responsible for all tax obligations. Company will issue IRS Form 1099-NEC if commissions exceed statutory thresholds. Affiliate agrees to provide a W-9 form upon request.
2.1. FTC Compliance. Affiliate agrees to comply with Federal Trade Commission (FTC) guidelines regarding endorsements. Affiliate MUST disclose their financial relationship with Company in all advertisements (e.g., using "#Ad" or "Sponsored").
2.2. Regulatory Standards. Affiliate shall comply with the TCPA, CAN-SPAM, and RESPA. Affiliate shall not engage in false advertising.
3.1. Commercial Use. Affiliate acknowledges that Company ONLY originates "Business Purpose" loans for investment properties. Affiliate shall not refer borrowers seeking consumer loans for primary residences.
3.2. No Mortgage Advice. Unless licensed as a Mortgage Broker, Affiliate shall not negotiate terms or offer specific loan advice.
4.1. Tier 1 - Referral Partner (50 basis points): Affiliates who refer borrowers to DSCR Flow. Commission is earned when the referred loan is funded.
4.2. Tier 2 - Affiliate Processor (100 basis points): Affiliates who refer borrowers AND assist with document collection using our AI-verified completeness system. Commission is earned when the referred loan is funded.
4.3. Funded Loans Only. Commissions are paid solely on Funded Loans. No commission is earned for leads or pre-approvals.
4.4. Payment Terms. Payments are made via ACH direct deposit or Stripe Connect within 30 days of loan funding. Minimum payout threshold is $50.00.
5.1. Hold Harmless. Affiliate agrees to indemnify and defend Company against any claims, fines, or damages arising from Affiliate's negligence, violation of law, or marketing misconduct.
5.2. Offset Rights. Company may withhold commissions to cover damages caused by Affiliate's breach.
6.1. Confidentiality. Affiliate shall not disclose Company's trade secrets, borrower lists, or proprietary pricing logic.
6.2. Non-Solicitation. During this Agreement, Affiliate shall not actively divert referred borrowers to competing lenders.
7.1. No PII Storage. Affiliate shall NOT record or store Social Security Numbers (SSNs) or Bank Account info on any personal device.
7.2. Direct Entry. Whenever feasible, Affiliate shall direct the borrower to enter their own SSN directly into the secure DSCR Flow portal.
7.3. Breach Notification. Affiliate must notify Company within 24 hours of any suspected data breach.
8.1. At-Will. Either party may terminate this agreement at any time, with or without cause, upon written notice.
8.2. For Cause. Company may terminate immediately if Affiliate violates the Compliance Covenant. Upon termination for cause, pending commissions are forfeited.
9.1. Wyoming Law. This Agreement is governed by the laws of the State of Wyoming.
9.2. Arbitration. Any disputes shall be resolved via binding arbitration in Wyoming; class action lawsuits are waived.
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether written or oral, relating to the subject matter hereof. Company reserves the right to update these terms with notice to Affiliate.
This document is provided for review purposes. Acceptance is recorded during affiliate registration.