1. Parties. This agreement is between Win-Win Capital Funding, LLC (“Win-Win”) and the lender company named above, including its affiliates, funds, officers, employees, account executives and agents (“Lender”). It is signed by an executive officer or owner of Lender with authority to bind Lender.
2. Introductions. Win-Win introduces borrowers, sponsors, guarantors and their affiliates (“Borrowers”), mortgage brokers, loan officers and other intermediaries (“Brokers”), and transactions to Lender through deal rooms, emails, its lender match portal and otherwise.
3. Non-circumvention: 10 years. For ten (10) years from the date of each introduction, Lender will not, directly or indirectly, solicit, contact, engage, quote, lend to, purchase loans from, or close any transaction with any Borrower or Broker introduced by Win-Win, or on any property introduced by Win-Win, except through Win-Win and with Win-Win's compensation paid, unless Win-Win agrees otherwise in writing.
4. Compensation. Win-Win's fee on each transaction is as stated in its term sheet, fee agreement or closing instructions, and is paid at closing. If Lender closes any transaction in breach of this agreement, Lender owes Win-Win the full fee Win-Win would have earned, plus Win-Win's reasonable attorneys' fees and costs to collect it.
5. Confidentiality. Lender keeps all Borrower, Broker and deal information confidential and uses it only to evaluate and close transactions with Win-Win, except as required by law.
6. Team. Everyone Lender adds to its Win-Win account, and everyone at Lender who sees a Win-Win deal, is bound by this agreement. Lender is responsible for their compliance.
7. Accuracy. Lender confirms that the company information, officer names and contact details it registered are true and current, and authorizes Win-Win to verify them.
8. General. Texas law governs this agreement, and the courts of Bexar County, Texas have jurisdiction. If any part is held unenforceable, the rest remains in effect and the unenforceable part is enforced to the greatest extent allowed. This agreement is signed electronically, and an electronic signature has the same effect as a handwritten one.
