LOAN BROKER TERMS & CONDITIONS
IT IS AGREED by and between ICSLoans Inc, herein referred to as "ICS" or “ICS Loans” or “ICS Commercial Lending” and BROKER, herein referred to as "Loan Broker" or "Referral Partner" or “Commercial Loan Officer” or “Mortgage Broker” on the commencement date this contract is executed online by Loan Broker for an initial term of one (1) month, renewing thereafter on month-to-month basis, as follows:
LICENSES: Loan Broker holds the required licenses (if any are required) issued by the state or states in which they will be originating and/or funding commercial real estate loans. It is the sole responsibility of the individual Loan Broker to stay in compliance with all state licensing laws. In the event Loan Broker originates a loan in a state where they do not hold the required license, Loan Broker may refer the loan to an ICS approved licensed Loan Broker in that state at an agreed upon referral fee split of 20% of the gross commission fees to the referring Loan Broker, or 0.20% of the total loan amount, whichever is more.
ICS ASSOCIATION: Loan Brokers include Mortgage Brokers, Realtors, Loan Officers, Direct Lenders, Private Investors, Referral Partners, and Affiliate Marketing Professionals. Loan Broker are not employees of ICS. Loan Broker in no way is an employee, partner, or subsidiary of ICS and uses services provided by ICS on a contract basis.
Loan Broker CONTRACTOR STATUS: Loan Broker is an independent contractor for federal tax and all other purposes. ICS is not an employee of, or partner with Loan Broker. Loan Broker is not an employee of, or partner of ICS. This is NOT an exclusive agreement between ICS and Loan Broker.
Loan Broker ADVERTISING: Loan Broker agrees not to utilize any advertising, signs, brochures or other solicitation materials without ICS’s advance written approval thereof by ICS Loans.
Loan Broker PARTNER TAXES: Loan Broker 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 – Loan Broker: Loan Broker agrees to indemnify and hold ICS Loans harmless from any liability, including city, state or federal fines and damage suits incurred by Loan Broker, 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 Loan Broker are between Loan Broker 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 Loan Broker. Upon mutual execution of the Funding Fee Agreement between Loan Broker 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. Loan Broker 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 Loan Broker and there are no reasonable grounds for Loan Broker to suspect that it is otherwise; or unless Loan Broker is specifically authorized to make the representation.
DURATION & TERMINATION: This agreement shall start on the commencement date this contract is executed by Loan Broker for an initial term of one month, renewing thereafter on a month-to-month basis. This Agreement may be terminated, at any time by either party, in writing. Brokers must provide 30 days written notice in advance of any monthly billing fee dates. In the event Loan Broker contemplates termination of this Agreement, Loan Broker will make every effort to close any pending transactions in which Loan Broker is interested. 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 Loan Broker’s share of the commission and pay the same to ICS Loans or other Loan Brokers according to their participation in the matters necessary to close the transaction. Loan Broker 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 Loan Broker monthly obligations. In the event this contract is cancelled by either party, any previous monthly fees paid and the annual background check fee is non-refundable. In the event project funding is provided by one or more Lenders brought forth by ICS directly or indirectly during the term of this agreement, or within (180) days following expiration or termination of this agreement, Loan Broker will be paid at a 50/50 split. The loan must close through ICS.
ARBITRATION: Any and all disputes between Loan Broker and ICS Loans, or between Loan Broker 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
Loan Broker shall have claim to points / loan origination fees from money received by escrow or a 3rd party closing agent on closed and funded loans submitted through ICSLoans.com. Loan Brokers are paid directly from escrow, or by ICS in some cases.
Loan Broker FEES & COMMISSIONS: Loan Brokers are paid 100% of the loan origination points charged to the client. ICS charges a loan processing, underwriting, and packing fee of $975 paid by the Borrower. In some cases, ICS may charge additional lender fees.
LENDING PARTNER MONTHLY PLATFORM FEE: ICS BASIC Loan Brokers pay no monthly Platform fees, receive 100% of points charged to clients, but do no have access to training or their own client online website application.
ICS PRO Loan Brokers pay a Monthly Platform Fee of $39 per month, including training, forms, and their own client online web application for a minimum term of 1 month. ICS PRO Loan Brorkers are required to provide no less than 20 days written notice when terminating their PRO Broker platform agreement with ICS. In the event PRO Loan Broker goes delinquent or cancels their PRO Loan Broker platform agreement they are downgraded to a free BASIC Loan Broker. ICS provides no refunds.
Loan Broker agrees to the ICS terms and conditions by signing up online via the ICS website.