LENDER TERMS OF SERVICE
Effective Date: January 21th, 2025
This Terms of Service (“Agreement”) governs your purchase and use of a quarterly subscription as a lender on the Browse Lenders® platform (“Platform”), operated by Browse Lenders LLC, an Arizona limited liability company (“Company”). Browse Lenders® is a patent pending platform. By purchasing and activating your subscription, you agree to these terms. This Agreement functions as both a Joint Marketing Agreement (JMA) and a Service Agreement. It is structured to remain compliant with RESPA (Real Estate Settlement Procedures Act) and other applicable laws, and follows common real estate marketing practices designed to ensure ethical promotion, transparency, and consumer protection.
1. Purpose of the Agreement
1.1 Joint Marketing Objectives
This Agreement establishes a collaborative marketing relationship between Browse Lenders® and the Lender to:
- Provide exclusive listing and marketing opportunities to the Lender.
- Drive high-quality, exclusive leads to the Lender’s custom Landing Page Funnel.
- Promote the authority and credibility of the Lender and Browse Lenders® platform through co-branded efforts.
1.2 Compliance with Legal Standards
Both Parties agree to conduct all activities under this Agreement in compliance with:
- RESPA (Real Estate Settlement Procedures Act) guidelines.
- Federal and state advertising and consumer protection laws.
- NMLS (Nationwide Multistate Licensing System) standards.
- Any other industry-specific regulations governing lending practices.
Brokerage Disclosure
Browse Lenders® is owned by a licensed real estate broker. The platform provides marketing and listing exposure only and does not offer mortgage brokerage, real estate brokerage, or financial advisory services to lenders or consumers. All marketing services are offered independently from any real estate transactions or brokerage relationships.
2. Scope of Services Provided by Browse Lenders®
2.1 Exclusive Listing and Geographic Territory
Browse Lenders® provides the Lender with one of only six exclusive listings per state, ensuring minimal competition and maximizing visibility within their designated geographic location.
2.2 Custom Landing Page Funnel
The Lender will receive a custom SEO-optimized Landing Page Funnel branded with an Authority Domain Name. These funnels are designed to rank highly in search engines, ensuring that consumers searching online for lending solutions in the Lender’s area can quickly locate and engage with the Lender directly.
Ownership Notice
All Authority Domains and Landing Page Funnels remain the sole property of Browse Lenders®. The Lender receives exclusive marketing use of these assets during the active subscription period, but no ownership, license, or permanent rights are transferred. Any branding developed by the Lender during the subscription term that utilizes these assets must cease upon termination of this Agreement. This ownership status is also disclosed in the Privacy Policy and acknowledged by the Lender at checkout. Browse Lenders® reserves the right to revoke access or terminate use of these marketing assets at any time if the Lender is found to be in violation of this Agreement or applicable legal or ethical standards.
2.3 Exclusive Leads
Leads generated through the Landing Page Funnel’s intake form are exclusive to the Lender and are not shared with any other party.
2.4 Social Media Advertising Support
The Monthly Plan does not include social media advertising support. Any such marketing will be charged based on the Social Media Marketing Plan obtained.
2.5 Co-Branding and Authority Building
The Landing Page Funnel provided to the Lender will be co-branded with Browse Lenders®, enhancing consumer trust and authority while allowing the Lender to build their brand.
2.6 Search Engine Optimization (SEO)
All Landing Page Funnels are fully optimized for SEO, ensuring they rank on search engines for terms related to lending solutions in the Lender’s geographic area.
3. Lender Responsibilities
3.1 Active Participation
The Lender agrees to participate in joint marketing efforts by actively:
- Reviewing and approving content for marketing campaigns, e.g., content on Authority Brand Landing Page Funnel, Browse Lenders® directory bio page for the Lender Renter.
- Engaging with consumers who submit inquiries or leads through the Landing Page Funnel.
3.2 Compliance with Regulations
The Lender is responsible for adhering to all industry regulations, including but not limited to:
- NMLS standards.
- RESPA guidelines.
- Ethical practices as required by federal and state law.
3.3 Payment Obligations
Lenders agree to pay $500 monthly, billed quarterly at $1,500 per term. Payment must be made in advance and will automatically renew unless cancelled prior to the next billing cycle. All payments are non-refundable once processed.
3.4 Waiting List Policy (State-Specific) Lenders may opt to join a state-specific waiting list if all six lender positions in their selected state are currently filled. To join the waiting list, a one-time, non-refundable payment of $250 is required. This fee secures the Lender’s place in line within their selected state but does not guarantee a future seat.
Lenders are placed in order of payment received. When a lender position becomes available due to vacancy or platform expansion (e.g., increasing from 6 to up to 7 lenders per state), the next lender on the waiting list will be notified and offered the seat. If accepted, the lender must pay the then-current subscription rate (currently $1,500 per quarter or market rate at the time of activation).
Lenders who decline the offer may retain their place in line for future consideration. This process ensures fair access and transparency across all state-level lender placements.
4. Subscription Pricing and Adjustments
The quarterly subscription is billed at $1,500 and includes all services outlined in this Agreement. Any changes in pricing will be communicated in writing at least 30 days prior to taking effect.
5. Marketing Campaign Guidelines
5.1 Collaborative Efforts
Both Parties will collaborate on marketing initiatives, including:
- SEO campaigns to enhance the Landing Page Funnel’s visibility.
- Optional social media advertising campaigns, where applicable.
5.2 No Guarantee of Results
Browse Lenders® does not guarantee the quantity, quality, or conversion of leads generated through this Agreement.
6. Termination and Amendments
6.1 Termination
Either Party may terminate this Agreement with 30 days’ written notice. Browse Lenders® reserves the right to terminate this Agreement at its sole discretion at any time if the Lender violates the terms of this Agreement, engages in conduct that harms the integrity or reputation of the Platform, or fails to comply with applicable regulations, including but not limited to RESPA, state lending laws, or ethical marketing standards. All marketing activities will cease upon termination, and the Lender will no longer have access to exclusive listing services.
6.2 Amendments
This Agreement may be updated or amended by Browse Lenders® with written notice provided at least 30 days in advance. Continued participation constitutes acceptance of the revised terms.
7. Benefits of the Joint Marketing Agreement
7.1 Exclusive Territory and Leads
Lenders gain exclusive access to their geographic market with exclusive lead ownership.
7.2 Enhanced Visibility
SEO-optimized Landing Page Funnels help Lenders rank highly in search engine results, ensuring visibility to consumers.
7.3 Transparent Marketing Investment
The structured quarterly plan allows for a clear and predictable investment in your lender marketing funnel.
7.4 Authority and Branding
Authority Domain Names and co-branding with Browse Lenders® establish the Lender as a trusted expert in their field.
8. Limitation of Liability
Browse Lenders® is not liable for:
- The Lender’s failure to convert leads.
- The quantity or quality of leads generated.
- Any consumer actions or decisions.
9. Independent Contractor Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between the Lender and Browse Lenders®. The Lender is an independent contractor and is solely responsible for their conduct, licensing, compliance, and services.
10. Governing Law and Arbitration
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona without regard to conflict of law principles. Any disputes arising under or in connection with this Agreement shall first be submitted to mediation. If not resolved, the dispute shall then be submitted to binding arbitration in Maricopa County, Arizona, in accordance with the rules of the American Arbitration Association. Each party shall bear its own legal fees and costs.
11. Acceptance of Terms
By completing your purchase, you acknowledge and agree to all the terms and conditions set forth in this Agreement. This includes your responsibilities, payment obligations, and acceptance of a non-refundable, auto-renewing subscription.
If you have any questions regarding these Terms, please contact us at: info@BrowseLenders.com