Register, sign the referral agreement and upload a W-9. Your portal opens as soon as both are done.
Read it, then type your full legal name to sign. A copy of your signature, the date and your IP address is kept on file.
ADVISOR REFERRAL AGREEMENT
This Agreement is between Rhythm Capital LLC, a Florida limited liability company with its principal place of business at 1200 Brickell Avenue, Suite 1800-D, Miami, Florida 33131 ("Rhythm Capital"), and the individual or entity signing below ("Advisor").
Advisor is an independent contractor. Nothing in this Agreement creates an employment, partnership, joint venture or agency relationship. Advisor is responsible for their own taxes, expenses, insurance and any licences their activities require in their state.
Advisor introduces prospective borrowers to Rhythm Capital and may assist in gathering documentation. Rhythm Capital packages, submits and negotiates with lenders and controls all lender relationships.
Advisor has no authority to bind Rhythm Capital or any lender, to approve or decline any application, to quote or promise any rate, term, amount or approval, or to represent that funding is assured. Advisor will not describe themselves as an employee, officer or agent of Rhythm Capital.
Advisor sets the points they charge the borrower on each deal. Those points are added to the borrower's total fee, disclosed to the borrower in writing before closing, collected by Rhythm Capital at closing, and disbursed to Advisor as set out below.
Advisor's fee must be disclosed on every form the transaction requires, including SBA Form 159 where applicable. Advisor will not charge, collect or accept any fee directly from a borrower, and will not request funds from a borrower under any circumstances.
Rhythm Capital will disburse Advisor's share within fifteen (15) days of the borrower's funds clearing. Payment is contingent on the borrower's payment actually clearing and not being reversed, charged back or refunded. If a borrower's payment fails, reverses or is refunded after disbursement, Advisor will repay the corresponding amount on demand or it may be offset against future commissions.
Rhythm Capital owes Advisor nothing beyond the disbursement of the borrower-paid fee described here. A current W-9 is required before any payment is made, and Advisor will receive a Form 1099-NEC where required by law.
For twenty-four (24) months from introduction, Advisor will not solicit, contract with or accept compensation from any lender, funder or capital source introduced by Rhythm Capital in connection with a client introduced under this Agreement, nor place that client directly with such a source outside this Agreement.
Lender terms, pricing, client information and Rhythm Capital's methods are confidential and will not be disclosed or used outside this Agreement. Advisor will handle all borrower information in accordance with applicable privacy law.
Advisor will comply with all applicable federal and state law, will make no false or misleading statement to any borrower or lender, and will not submit any application, document or statement Advisor knows or suspects to be false. Advisor is solely responsible for determining whether their activities require a licence in their jurisdiction.
Either party may terminate on written notice. Commissions on transactions that have already funded and cleared survive termination. Sections 6, 7, 8 and 10 survive termination.
This Agreement is governed by the laws of the State of Florida. Venue for any dispute lies in Miami-Dade County, Florida.
Typing your full legal name below and clicking to sign constitutes your electronic signature and has the same effect as a handwritten signature. Your name, the date and time, and your IP address will be recorded.
We need a completed W-9 on file before any commission can be paid. PDF or a clear photo is fine.
Your agreement is signed, your W-9 is on file and your portal is open.
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