TERMS & CONDITIONS
IT IS AGREED by and between ICSLoans Inc, herein referred to as "ICS" or “ICSLoans” or “ICS Commercial Lending” and LOAN BROKER, herein referred to as "Indepenent Loan Broker" or "Lending Partner" or "Referral Partner" or “ICS Loan Advisor” or “Loan 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 loan origination points to the referring Loan Broker.
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, owner, 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 owner of ICS. This is a non-exclusive contract agreement between ICS and Loan Broker.
Loan Broker ADVERTISING: Loan Broker agrees not to utilize any ICS 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 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.
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. The terms of this agreement apply to any loan submitted by Loan Broker to ICS for up to 24 months from the loan submission date.
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.
Approved Lending Partners can order tri-merge credit reports directly through ICS. Credit reports are $45 paid at the time of order by the Lending Partner or borrower online.
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 on a case-by-case basis.
FEES & COMMISSIONS: Independent Lending Partnes are paid commissions at closing in accordance with the commission schedule below.
Loan Broker FEES & COMMISSIONS: Loan Brokers are paid on a per deal basis. Loan Brokers are paid 50% of all loan origination points charged to the client up to $50,000 gross loan commission per loan transaction, and 70% of all loan origination points charged to the client above $50,000 gross loan commission per loan transaction. ICS charges a loan processing, underwriting, and packing fee of $1,975 per loan transaction, paid by the Borrower or Loan Broker upon execution of a Fuding Fee Agreement. In some cases, ICS may charge additional lender fees if ICS funds the loan directly. ICS has a minimum loan origination fee of $5,000 on small loans, split 50/50 between ICS and Loan Broker, plus the loan processing, underwriting, and packaging fee.
Loan Broker agrees to the ICS terms and conditions outlined within this agreement and acknowledges and accepts such terms and conditions by signing up online via the ICSLoans.com website.