Broker Contract

 

ICS COMMERCIAL LOAN ADVISOR

AGREEMENT TERMS & CONDITIONS


IT IS AGREED by and between ICS Loans Inc., herein referred to as "ICS" or “ICSLoans.com” and Commercial Loan Advisor, herein referred to as “Funding Platform User" or "Independent Broker" or "Referral Partner" or "Commercial Loan Advisor" on the commencement date this contract is executed online by Commercial Loan Advisor for an initial term of six (6) months, renewing thereafter on a month-to-month basis until cancelled by either party, as follows:

ICS ASSOCIATION: Commercial Loan Advisors are not employees of ICS. Commercial Loan Advisor in no way is an employee, entity partner, or subsidiary of ICS and works with ICS on an exclusive basis only. This is a contract opportunity, not a W2 job.

CONTRACTOR STATUS: Commercial Loan Advisor is an independent contractor for federal tax and all other purposes. ICS is not an employee of Commercial Loan Advisor. Commercial Loan Advisor is not an employee of ICS. This is an exclusive contract agreement between ICS and Commercial Loan Advisor. In compliance with IRS regulations, ICS does not provide independent contractors with equipment, services, or directly control activities performed by Commercial Loan Advisor.

ADVERTISING: Commercial Loan Advisor agrees not to utilize any advertising, signs, brochures or other solicitation materials using the ICS brand without ICS’s advance written approval thereof by ICS Loans.

TAXES: Commercial Loan Advisor is an independent contractor and shall be responsible to file and pay quarterly estimated, and/or annual federal income tax returns; and any other taxes required of an independent contractor.

LIABILITY: Commercial Loan Advisor agrees to indemnify and hold ICS Loans harmless from any liability, including city, state or federal fines and damage suits incurred by Commercial Loan Advisor, resulting from misuse of property and disclosure and other proprietary information in violation of ICS Loans terms and conditions.

OWNERSHIP – LOAN AGREEMENTS - DOCUMENTS: It is understood that all client agreements obtained or negotiated by Commercial Loan Advisor are between Commercial Loan Advisor and the borrower/loan client. When submitted to ICS Loans, in accordance with ICS Loans terms and conditions and all state law and federal laws, the Funding Fee Agreement, Loan Applications and other supporting loan documents shall be in the name of and be the property of Commercial Loan Advisor, or in the event ICS processes and places the loan, in the name of ICS Loans. Upon mutual execution of a Funding Fee Agreement between ICS and borrower (if applicable), the Loan Funding Fee Agreement is subject to ICS Loans processing, and an ICS Funding Fee as outlined within the Funding Fee Agreement and the terms and conditions of ICS Loans (if applicable). Earnest money, deposits, fees, and other money, wholly or partially executed instruments or documents shall be immediately delivered to a 3rd party escrow company or law firm in accordance with state law and federal law. Commercial Loan Advisor has no authority, express or implied, to represent anything to a purchaser, seller, borrower or anyone else unless it is contained in the Funding Fee Agreement between the client and Commercial Loan Advisor and there are no reasonable grounds for Commercial Loan Advisor to suspect that it is otherwise; or unless Commercial Loan Advisor is specifically authorized to make the representation.

DURATION & TERMINATION: This agreement shall start on the commencement date this contract is executed by Commercial Loan Advisor for an initial term of six (6) months, renewing thereafter on a month-to-month basis. This Service Agreement may be terminated, at any time by ICS, or at any time by Commercial Loan Advisor following the end of the initial 6-month term in writing via email. Commercial Loan Advisor must provide 15-days written notice in order to not incur future monthly charges. In the event Commercial Loan Advisor contemplates termination of this Agreement, Commercial Loan Advisor will make every effort to close any pending transactions in which Commercial Loan Advisor is interested where ICS is providing loan processing and direct placement services. In the event that any such transaction does not close prior to termination of this Agreement and in ICS’s opinion is necessary or appropriate for ICS or others at ICS to attend to any matters concerning the transaction (including changes in financing; securing of occupancy agreements; removal of contingencies; and any other usual or unusual matters required to close the transaction closing) then ICS shall be authorized to deduct up to 50% of the Commercial Loan Advisor’s share of the commission and pay the same to ICS Loans or other Commercial Loan Advisors according to their participation in the matters necessary to close the transaction. Commercial Loan Advisor agrees not to, in any way, induce or encourage a client to terminate a loan in processing following termination of this Agreement. This contract can be cancelled anytime by ICS at the sole discretion of ICS, which would terminate this agreement and any Commercial Loan Advisor monthly obligations.

In the event ICS is providing processing and placement services requested by Funding Platform User and project funding is provided by one or more Lenders brought forth by ICS during the term of this agreement, or within (180) days following expiration or termination of this agreement, Commercial Loan Advisor be paid in accordance with the commission schedule below.

ARBITRATION: Any disputes between Commercial Loan Advisor and ICS Loans, or between Commercial Loan Advisor and other Loan Broker, arising from matters occurring, all or in part, prior to termination of this Agreement, shall be resolved by arbitration, rather than suit. Each of the parties shall, within five days of being requested to do so by the other, name one arbitrator. The two arbitrators shall within five days of their appointment, appoint a third arbitrator. The dispute shall be heard within thirty (30) days thereafter, in accordance with state statutes governing arbitration, and the decision of the arbitrators shall be final and binding upon the parties’ subject only to statutory review by the Superior Court.

FEES & COMMISSIONS: Commercial Loan Advisor shall have claim to loan origination points on all loans submitted to ICS and successfully funded through ICS Loans. Loan commissions are paid by ICS directly to Commercial Loan Advisors every Friday following closing and/or payment from the funding lender. ICS fees vary by loan, lender, and property type and are determined upon review of the loan request. Commercial Loan Advisors earn a 50% split when getting started with ICS. Splits increase based upon production up to 70% once CLA has closed $36MM in gross volume on an annual basis. In the event Commercial Loan Advisor originates a loan in a state requiring individual loan officer licensing, the Commercial Loan Advisor may work with a licensed ICS Commercial Loan Advisor in that state at an agreeable split between both Advisors. Referral Partners earn up to 1% of the gross loan amount, not exceeding 20% of the gross loan origination points. In the event a Commercial Loan Advisor becomes inactive with ICS, they immediately move to a Referral Partner split on all loans in processing or submitting for funding.

ADVISOR MONTHLY DESK FEE: Commercial Loan Advisors pay a Monthly Desk Fee billed every 30-days. This fee is reimbursed on every closed loan. ICS Commercial Loan Advisor is responsible to pay the monthly fee as long as they are active prior to cancellation or termination. See the careers page for details. 

INCLUDED IN THE MONTHLY DESK FEE

  • Online Training Materials & ICS Advisor Certification Exam
  • Weekly Training Videos
  • Weekly Live Training Webinar Hosted by ICS Senior Advisors
  • Unlimited Funding Platform Access
  • Access to Hundreds of Loan Products
  • Pull Soft Credit Reports
  • Nationwide Funding (not including Nevada)
  • Nationwide Licensing under ICS (not including Nevada)
  • Dedicated Processing & Placement Team
  • Dedicated Senior Advisor
  • In-house Underwriting
  • Lending Forms & Funding Fee Agreements
  • Prospect Lead Service
  • Online Loan Dashboard
  • Your Own Web Application Form
  • Nationwide Property Database Access