TERMS & CONDITIONS
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By executing this agreement online, Platform Member agrees and accepts all Terms & Conditions outlined below.
ICS PARTNERS, INC. ("ICS LOANS")
FUNDING PLATFORM AGREEMENT
This Agreement (the "Agreement") is entered into by and between ICS Partners, Inc., a California corporation, doing business as ICS Loans ("ICS"), and the individual {name}, registering as a Platform Member, also referred to as a ("User" or "Loan Broker").
1. TERM AND TERMINATION
This Agreement shall commence on the date Platform Member registers at ICSLoans.com. The Agreement is a 3-month agreement, renewing month-to-month ater the 3rd month. This agreement can be canceled by either party at anytime prior to the end of the 3rd month or thereafter.
2. INDEPENDENT CONTRACTOR STATUS
Platform Member is an independent contractor and not an employee, partner, joint venturer, agent, or representative of ICS. Platform Member has no authority to bind ICS or make representations on ICS’s behalf without prior written authorization. Platform Member is solely responsible for all business expenses, licenses, permits, insurance, and compliance with applicable laws.
3. NO EXCLUSIVITY (UNLESS EXPRESSLY AGREED)
Nothing in this Agreement shall be construed as creating an exclusive relationship between the parties.
4. USE OF TRADEMARKS AND MARKETING
Platform Member may not use ICS’s name, trademarks, logos, marketing materials, or branding in any advertising, solicitation, or public communication without ICS’s prior written approval. Any approved use shall immediately cease upon termination of this Agreement. Approved marketing materials are available in the Member Center at ICSLoans.com.
5. TAXES AND REPORTING - Commission Payment - 1099 Filing Fee
Platform Member is solely responsible for all federal, state, and local taxes arising from compensation paid under this Agreement or to Platform Member by Lenders or Borrowers.
6. OWNERSHIP OF LOAN DOCUMENTS AND TRANSACTIONS
All borrower agreements, applications, loan quotes, letters of intent (LOIs), funding fee agreements, underwriting materials, and related documentation submitted to or issued by ICS shall be issued in the name of the Platform Member, and remain the sole property of the Platform Member.
ICS retains sole discretion over loan structuring, underwriting, and loan placement with lenders when ICS is requested to place loans on behalf of Platform Member.
All earnest money deposits, underwriting fees, and other borrower funds shall be paid directly to licensed third-party escrow agents or attorneys, as required by law.
7. USER COMPENSATION
Platform Member earn 100% of loan origination points and YSP (if available). These fees are in addition to the Final Funding Lender points and fees (if applicable). All compensation is contingent upon successful loan funding. Commissions are paid to the Platform Member at closing or post closing by Borrower and/or Lender.
8. NO GUARANTEE OF FUNDING
Platform Member acknowledges that all loan submissions are subject to underwriting, lender approval, and market conditions. ICS makes no guarantee that any transaction will close or fund.
ICS services are limited to business-purpose and commercial transactions only. ICS does not offer consumer or residential loan services.
9. CONFIDENTIALITY
Platform Memberagrees to maintain the confidentiality of all non-public, proprietary, and confidential information of ICS, including lender relationships, pricing, processes, software, and borrower information. This obligation survives termination of this Agreement. All correspondence with the Borrower is between the Platform Member and Borrower, unless Platform Member requests ICS direct communication. All emails, forms, agreements, and LOI's are in the name of the Platform Member.
10. DATA PRIVACY AND CLIENT INFORMATION
Platform Member consents to ICS’s collection, use, storage, and disclosure of borrower and business information in accordance with ICS’s Privacy Policy, incorporated herein by reference and attached below.
11. INDEMNIFICATION
Platform Member agrees to indemnify, defend, and hold harmless ICS, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, fines, penalties, and expenses (including reasonable attorneys’ fees) arising from:
• User’s breach of this Agreement
• User’s violation of law or regulation
• User’s misrepresentations or misconduct
• User’s unauthorized use of ICS materials or services
12. LIMITATION OF LIABILITY
To the maximum extent permitted by law, ICS shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of this Agreement or User’s use of ICS services.
13. ASSIGNMENT
Platform Member may not assign or transfer this Agreement without ICS’s prior written consent. ICS may assign this Agreement freely. Any unauthorized assignment is void.
14. BILLING – ICS FUNDING PLATFORM MEMBER FEES
$95/month + a one-time set-up fee. This is a 3-month agreement renewing automatically after the 3rd month unless cancelled by eithe party.
15. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
16. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings. ICS may update these terms from time to time by posting revised versions on ICSLoans.com.
ICS LOANS – PRIVACY POLICY
1. INFORMATION WE COLLECT
ICS may collect personal and business information including, but not limited to: names, contact details, business financials, tax records, credit information, and loan-related documentation.
2. HOW WE USE INFORMATION
Information is used to:
• Evaluate and process commercial loan requests
• Communicate with brokers, borrowers, and lenders
• Comply with legal and regulatory requirements
• Improve services and internal operations
3. INFORMATION SHARING
ICS may share information with:
• Lenders, capital providers, and financial institutions
• Third-party service providers (underwriting, escrow, compliance)
• Government or regulatory authorities when required by law
ICS does not sell personal information.
4. DATA SECURITY
ICS implements commercially reasonable administrative, technical, and physical safeguards to protect information. However, no system can be guaranteed 100% secure.
5. DATA RETENTION
Information is retained only as long as necessary for business, legal, and regulatory purposes.
6. USER RESPONSIBILITIES
Users are responsible for safeguarding borrower information and complying with all applicable privacy and data protection laws.
7. POLICY UPDATES
ICS may update this Privacy Policy periodically. Continued use of ICS services constitutes acceptance of any updates.