Affiliate Terms of Service

The BetterLife Real Estate Funding Affiliate Program provides an opportunity for any eligible person or entity (“Affiliate”) to receive a referral fee for participating in the affiliate marketing program (the “Affiliate Program”) of BetterLife Real Estate Funding (“REF,” “we,” “us,” or “our”). To be eligible, you must accept this Affiliate Marketing Agreement (this “Agreement”) without change. By registering for the Affiliate Program (generally through the PartnerStack platform), you agree to this Agreement, including all program policies, schedules, and addenda, which may be updated from time to time. Please read this Agreement carefully before requesting to participate.

Affiliate Marketing Agreement

The term “Agreement” means this Affiliate Marketing Agreement and any riders, schedules, or addenda hereto, as they may be subsequently amended.

Background

REF is in the business of facilitating, arranging, and originating business-purpose loans secured by residential real property held or acquired for investment, business, or commercial purposes — including for the acquisition, rehabilitation, refinancing, construction, or rental of such property (each a “Loan,” and collectively, “Loans”) — directly and through its lending partners, including but not limited to Vontive, Inc. All Loans are business-purpose loans made to legally formed business entities and are not consumer-purpose loans.

Affiliate is in a business or position that presents an opportunity to, and may from time to time, identify potential customers for REF (each a “Lead” and collectively, “Leads”).

This Agreement sets forth the manner, requirements, and circumstances by which Affiliate may present Leads to REF and may be compensated for doing so. NOW THEREFORE, intending to be legally bound and acknowledging receipt of adequate consideration, Affiliate agrees as follows:

1. Lead Generation and Delivery

a. Generation of Leads. Affiliate may, in the manner and at the times required by REF, provide REF the information needed to identify a Lead who has expressed interest in obtaining a Loan, subject to applicable privacy restrictions. Such information is generally provided by the Lead through a dedicated landing page reached via a unique referral link made available to Affiliate through the Affiliate Tool. Affiliate may not use REF’s name, brand, trademarks, or marketing materials in generating Leads without REF’s prior written consent. Any permission granted is for use in connection with this Agreement only and conveys no ownership or license in REF’s name, brand, or materials.

b. Qualifying Lead. A referred person or entity constitutes a qualifying Lead eligible to generate a Referral Fee only if REF is provided sufficient information to identify and contact the Lead, the Lead is identified through Affiliate’s unique referral link, the Lead actually applies for and closes a funded Loan with REF or its lending partner, and the Lead satisfies all other requirements of this Agreement and the Schedule of Compensation.

c. Lead Content Delivery. Affiliate must provide sufficient information, as determined by REF in its reasonable discretion, to identify the Lead, make contact, and identify the subject property. This may include the Lead’s name, email, telephone number, and state of residence; the address of the subject property; and the name of the entity that will be the borrower. Information provided directly by Affiliate must not include a Social Security number or tax identification number and shall not be construed as an application for credit. Leads are limited to those states identified in the Lead States List.

d. Response to Leads. Upon receiving Lead information, REF may, but is not required to, attempt to contact the Lead. Any engagement between REF and a Lead is at REF’s sole discretion.

2. Compensation

a. In General. As compensation for providing qualifying Leads, Affiliate is entitled to a Referral Fee per qualifying Lead as specified in the Schedule of Compensation, which REF may adjust prospectively from time to time. Referral Fees are earned only upon the closing and funding of a Loan and not on any other event, product, or service.

b. Payment. Payment is processed through the Affiliate Tool (PartnerStack) and its payment processor (Stripe), in accordance with the timing stated in the Schedule of Compensation, provided Affiliate has completed all enrollment, banking (ACH), and tax (W-9) requirements.

c. Reports. Upon reasonable request, REF will provide reports reflecting Referral Fees due to Affiliate for a period not exceeding ninety (90) days from the date of the request, generally available through the Affiliate Tool.

d. Compensation Following Termination. Following termination of this Agreement without cause, Affiliate remains entitled to compensation for all qualifying Leads submitted prior to the termination date that subsequently close and fund, subject to the Schedule of Compensation.

3. Representations of REF

a. As applicable or required by law, REF (directly or through its lending partners) is authorized to conduct the business contemplated by this Agreement in the jurisdictions identified on the Lead States List, and will update that list if the jurisdictions change.

b. In dealing with Leads, REF will conduct itself with no less courtesy, responsiveness, and professionalism than it uses with its other customers.

c. REF will make such investigation of Leads and related matters as it determines necessary in its sole discretion and as required by law.

4. Responsibilities and Rights of Affiliate

a. Affiliate has no rights beyond those described in this Agreement, as amended from time to time.

b. Affiliate has no obligation with respect to the contemplated transactions or the relationship between REF and the Lead.

c. Affiliate has no rights to, or ownership in, the relationship between the Lead and REF beyond payment for a qualifying Lead under Section 2.

d. Affiliate has no right to, and will not, participate in any negotiations between REF and the Lead, quote or discuss any interest rate or Loan term, or provide additional information concerning the Lead to REF beyond the Lead information described above.

5. Representations of Affiliate

a. Affiliate is a fully licensed business (where licensure is required) qualified to conduct business in all relevant jurisdictions, and Affiliate has determined that its participation and the compensation arrangement herein are permitted under the laws of its jurisdiction.

b. Affiliate will promptly notify REF of (i) any complaint made by a Lead in connection with its services, or (ii) any adverse action taken against Affiliate by any regulatory body, legal authority, or Lead.

c. Affiliate will not present a Lead where it is aware of a potential conflict of interest, and will notify REF in writing within twenty-four (24) hours of learning of any actual or potential conflict (email is sufficient).

d. To the best of Affiliate’s knowledge, the information provided about a Lead is current and accurate, and the Lead has expressed an actual interest in financing residential real property with a business-purpose Loan.

e. Where Lead information is provided directly by Affiliate, the Lead has given any required permission for Affiliate to provide that information to REF and for REF to use it to contact the Lead.

f. Affiliate will not provide Leads with any information, promises, or commitments regarding any potential Loan — including interest rate or other Loan terms — or make any representation concerning REF, except publicly available information or as authorized by REF in writing in advance.

g. To the extent Affiliate is granted permission to create marketing content, Affiliate must also accept the Content Creation Addendum and comply with Federal Trade Commission requirements for third-party marketing.

6. Ownership of Intellectual Property

a. Affiliate acknowledges that REF is the exclusive owner of all intellectual property associated with its business — including trademarks, service marks, copyrights, trade secrets, designs, and software — and of all data REF collects from the operation of its business, including data collected from Affiliate and Leads (collectively, the “REF Materials”).

b. Except for marketing materials presented to Affiliate by REF, no license is granted in the REF Materials, which remain REF’s exclusive property. Creating or using marketing materials referencing REF outside the REF Materials, without REF’s written consent, may result in expulsion from the Affiliate Program and further legal action.

7. Confidentiality

a. Confidential Information. “Confidential Information” means all non-public, confidential, or proprietary information of a party and its affiliates, including information concerning people, data, products, services, processes, pricing, internal procedures, finances, customer and contact lists, marketing plans, and business opportunities, in any form and whether or not marked confidential, that a reasonable person would understand to be confidential. Confidential Information includes any “nonpublic personal information” (NPI) as defined in Section 509 of the Gramm-Leach-Bliley Act, 15 U.S.C. Section 6809, and its implementing regulations. The party disclosing is the “Disclosing Party”; the party receiving is the “Recipient.”

b. Exclusions. Confidential Information excludes information that (i) becomes generally known to the public through no fault of the Recipient; (ii) was independently developed by the Recipient without use of the Disclosing Party’s information; (iii) is rightfully received from a third party without restriction; or (iv) is required to be disclosed by binding legal process, provided the Recipient gives prompt notice and reasonable assistance to allow the Disclosing Party to seek protection.

c. Obligations. During the Term and thereafter, neither party will disclose the other’s Confidential Information or use it other than in furtherance of this Agreement, and each will use at least the same degree of care it uses for its own confidential information (and no less than reasonable care). Disclosure is limited to employees or agents with a need to know who are bound by comparable obligations.

d. NPI Security and Breach. The parties will maintain commercially reasonable measures to protect Confidential Information, including secure disposal of documents containing NPI. In the event of any unauthorized access to, disclosure of, or loss of NPI (an “NPI Breach”), the affected party will promptly notify the other, take all necessary actions to stop and minimize the breach, and cooperate to mitigate resulting damage.

e. Injunctive Relief. Each party acknowledges that a breach of this Section may cause irreparable harm for which monetary damages are inadequate, and that injunctive relief and specific performance are available in addition to other remedies.

f. Return. Upon termination or written request, each party will return or destroy the other’s Confidential Information in its possession, except as required by applicable record-retention law, and certify such destruction if requested.

8. Data Privacy

a. Compliance. Each party represents that, in the collection and transfer of data relating to Leads, it will comply with all applicable data-privacy laws, including obtaining any consents required from Leads to share their data.

b. California Residents. For Leads who are California residents, the parties will apply the additional standards required under the California Consumer Privacy Act (CCPA), as set forth in the California Privacy Addendum incorporated herein by reference.

9. Term

a. In General. The term of this Agreement (the “Term”) begins on the date of Affiliate’s acceptance and continues for one (1) year, automatically renewing for successive one-year periods unless either party gives notice of non-renewal at least thirty (30) days before expiration of the then-current term.

b. Termination Without Cause. Either party may terminate for any reason on no less than thirty (30) days’ written notice.

c. Termination for Cause. Either party may terminate if the other materially breaches and fails to cure within ten (10) days of written notice.

d. Effect of Termination. Following termination, Affiliate will submit no further Leads, but the parties will comply with any obligations that by their terms survive termination. Termination does not affect rights or obligations in effect immediately before termination, nor any Loan or borrower relationship.

10. Indemnification for Claims in Connection with Leads

a. By REF. REF will indemnify and hold Affiliate harmless from third-party claims made by a Lead against Affiliate in connection with a Loan and associated transactions arising after referral of the Lead, except to the extent caused by Affiliate’s breach of Sections 4, 5, 7, or 8.

b. By Affiliate. Affiliate will indemnify and hold REF harmless from third-party claims made by Leads against REF in connection with the referral of the Lead, including claims caused by Affiliate’s breach of Sections 4, 5, 7, or 8 or of the licensure, FTC-disclosure, and compliance obligations in this Agreement and its addenda.

c. Procedure. The indemnified party will promptly notify the indemnifying party of any claim, provide relevant information, and cooperate. The indemnifying party may control the defense and settlement at its own expense, provided it does not settle in a way that imposes an obligation, admission, or unindemnified liability on the indemnified party without that party’s prior written consent.

11. Limitations

a. Limitation of Liability. NEITHER AFFILIATE NOR REF WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITY), UNDER ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. Limitation of Damages. THE AGGREGATE MONETARY LIABILITY OF EITHER PARTY UNDER OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNTS PAID TO AFFILIATE BY REF DURING THE PRECEDING TWELVE (12) MONTHS.

c. Exceptions. The limitations above do not apply to claims under Section 6 (intellectual property), Section 7 (confidentiality), Section 8 and the California Privacy Addendum (data privacy), Section 10 (indemnification), claims for actual compensation due, or claims based on gross negligence or willful misconduct.

12. Miscellaneous

a. Modification; Waiver. No amendment or waiver is binding unless in writing and signed by the party against whom it is enforced, except that REF may update this Agreement and its policies prospectively through the Affiliate Tool or by email, effective on the next business day after notice. No delay in exercising a right is a waiver.

b. Governing Law; Venue. This Agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-law principles. Any action arising out of this Agreement will be brought exclusively in the state or federal courts located in Wyoming, and each party submits to that jurisdiction and waives objection to venue.

c. Force Majeure. Neither party is liable for delay or default (other than payment obligations) caused by events beyond its reasonable control, provided it gives prompt written notice; deadlines extend by the period of delay.

d. Construction. This Agreement will be construed according to its fair meaning and not for or against any party; the rule construing ambiguities against the drafter does not apply.

e. Assignment. Affiliate may not assign or transfer this Agreement without REF’s prior written consent; any attempt to do so is void. REF may assign in connection with a merger, reorganization, or sale of assets, or to an affiliate.

f. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties and creates no rights in any other person.

g. Insurance. Upon REF’s reasonable request, Affiliate will maintain and provide proof of insurance appropriate to its business, which may include errors-and-omissions coverage in a commercially reasonable amount.

h. Independent Contractor. Each party acts as an independent contractor; nothing creates a partnership, employment, joint venture, or agency relationship. Affiliate is solely responsible for its own taxes, withholdings, insurance, and personnel, and has no authority to bind REF.

i. Attorneys’ Fees. In any action arising out of this Agreement, the prevailing party is entitled to its reasonable attorneys’ fees and costs.

j. Publicity. Neither party will publicize the business relationship or use the other’s trade names, marks, or logos in marketing or publicity without prior written consent.

k. Notices. Notices are effective on actual receipt or one business day after deposit with a commercial overnight courier, or upon acknowledged email transmission. Notices to REF should also be sent electronically to REF’s designated email address.

l. Entire Agreement; Severability. This Agreement, including its schedules and addenda, is the entire agreement on its subject matter and supersedes prior agreements. If any provision is unenforceable, it is severed and the remainder continues in effect; the addenda survive termination to the extent of consumer-protection, intellectual-property, confidentiality, and privacy obligations.

This Agreement becomes effective only when Affiliate accepts it through the PartnerStack.

Schedule of Compensation

This Schedule of Compensation is part of and governed by the Affiliate Marketing Agreement. Capitalized terms have the meanings given in the Agreement. REF may adjust this Schedule prospectively upon notice through the Affiliate Tool; any change applies only to Loans funded after its effective date.

Referral Fee

REF compensates Affiliate on a flat, per-funded-loan basis, regardless of the principal amount of the Loan, for each Loan that is both approved and funded for a borrower referred by Affiliate through Affiliate’s unique referral link:

$700 per funded Loan (first year only). For each Loan that is closed and funded for a borrower referred by Affiliate through Affiliate’s unique referral link, Affiliate receives a flat Referral Fee of $700 (seven hundred U.S. dollars), regardless of the principal amount of the Loan, provided the borrower qualifies as a New Client at the time of the original referral. This flat $700 Referral Fee applies to that borrower’s first funded Loan and to each additional funded Loan by that borrower that closes within twelve (12) months after the date of the borrower’s first funded Loan. Loans that close after that twelve-month period are not eligible for a Referral Fee.

Conditions

The Loan must be a business-purpose Loan made to a legally formed business entity and secured by residential investment property; consumer-purpose loans are not eligible.
A “New Client” is a borrower who has never previously closed a Loan with REF and whose contact information was not already in REF’s (or its lending partners’) CRM or contact database at the time of the referral, and who was not, within the sixty (60) days prior, a pre-existing customer of REF or already in REF’s active origination process.
No Referral Fee is owed unless the referred Loan is both approved (under the underwriting guidelines of REF and its lending partners, including Vontive, Inc.) and funded. There is no guarantee any referred borrower will be approved.

Payment

Referral Fees are paid within sixty (60) calendar days of the Loan closing and disbursement of funds to the borrower, via the Affiliate Tool (PartnerStack) and its payment processor (Stripe). Affiliate must submit valid ACH/banking information and a current W-9 on the PartnerStack platform before any payment can be processed. A Form 1099 may be issued for applicable taxes. Failure to timely provide required banking or tax documentation may result in denial of an otherwise-eligible Referral Fee.

General Affiliate Eligibility

To participate in the Affiliate Program, an applicant must:

Be at least eighteen (18) years of age and legally able to enter into a binding contract;
Where licensure is required to receive referral compensation in the applicant’s jurisdiction, hold and maintain all required licenses and registrations, and be qualified to conduct business in all relevant jurisdictions;
Not be a competitor of REF or any of its lending partners, and not be a person or entity barred from participation by applicable law, including the sanctions programs administered by the U.S. Treasury’s Office of Foreign Assets Control (OFAC);
Maintain an active account in good standing on the PartnerStack platform and Stripe, with current banking and tax documentation;
Provide accurate and complete application information and accept this Agreement and all applicable addenda without change.

REF reviews each application and notifies the applicant whether they are accepted. Acceptance is at REF’s sole discretion. If REF does not notify the applicant of acceptance within thirty (30) days, the application is considered rejected.

Lead States List

Leads are limited to opportunities for business-purpose Loans secured by residential investment property located in the states listed below, being the states in which REF and its lending partners originate such Loans. REF may add or remove states at any time and will update this list accordingly.

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin, and Wyoming.

California Privacy Addendum

This California Privacy Addendum (“Addendum”) is incorporated into the Affiliate Marketing Agreement and is also an independent agreement; termination of the Agreement does not terminate this Addendum, which survives. Capitalized terms not defined here have the meanings in the Agreement or applicable law; conflicts are resolved in favor of the definition more protective of personal information.

1. Definitions

a. Personal Information means information that identifies, relates to, describes, or could reasonably be linked with a particular consumer or household, as defined under Cal. Civ. Code Section 1798.140, that is collected or used by Affiliate in providing services to REF.

b. Applicable Laws means all applicable U.S. federal and state privacy and data-protection laws, including the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), and implementing regulations.

2. Affiliate Obligations

Affiliate will comply with Applicable Laws and will not: (A) retain, use, or disclose Personal Information for any purpose other than the business purposes of the Agreement; (B) retain, use, or disclose it for any commercial purpose other than providing services; (C) sell or share it as those terms are defined under the CCPA/CPRA; (D) retain, use, or disclose it outside the direct business relationship with REF; or (E) combine it with personal information from other sources except as permitted by law.

Affiliate will implement commercially reasonable safeguards to protect Personal Information; ensure any subcontractors are bound by equivalent obligations and remain liable for their acts; cooperate with REF on consumer requests (access, deletion, correction) within the timeframes required by law; and notify REF without undue delay, and in any event within twenty-four (24) hours, of any data breach involving Personal Information entrusted by REF. Affiliate will indemnify REF for losses arising from its breach of this Addendum, its non-compliance with Applicable Laws, or any data breach it causes.

Content Creation Addendum

If REF grants Affiliate permission to publish marketing content on websites, social media, or other platforms (collectively, the “Deliverables”), Affiliate agrees the Deliverables will conform to this Addendum and to any campaign briefing materials REF provides (“Campaign Materials”).

1. Compliance with FTC Guidelines

Deliverables must comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). Affiliate must clearly and conspicuously disclose its material connection to REF — i.e., that it may be compensated for referrals — in close proximity to any communication about REF. The disclosure must be in plain sight (not buried in a link or a string of hashtags), appear above the fold, travel with the Deliverable across platforms, and, for audiovisual content, appear both orally and in the caption. If a platform does not allow a clear and conspicuous disclosure, Affiliate must not use that platform.

2. Content Standards

Deliverables must make only factual statements about REF and its services that are true and verifiable, and must rely on the Campaign Materials to describe REF’s services and use its trademarks accurately.
Deliverables must be original and created solely by Affiliate, must not include third-party intellectual property without a signed release, and must not include other identifiable individuals without their signed release and REF’s prior approval.
Deliverables must comply with the rules of each platform, with all applicable laws, and with the Standards of Conduct in Exhibit A.

3. Approval and Monitoring

REF may require Affiliate to submit Deliverables for review and written approval before publication. REF monitors Deliverables for compliance and may, in its sole discretion, require correction or removal, withhold the Referral Fee, or terminate the Agreement for material breach.

4. Key Messaging

BetterLife Real Estate Funding provides fast, reliable business-purpose financing for real estate investors, including bridge / fix-and-flip and rental (DSCR) loans.
BetterLife is a trusted partner offering reliable capital and a streamlined, technology-supported process that helps investors close with confidence and scale.
Include the disclosure that Affiliate may receive compensation for promoting BetterLife, plus any additional disclaimers supplied by REF, in any content promoting REF.
Include #BetterLifePartner (or REF’s then-current approved hashtag) in every post related to REF.

5. Permitted Platforms

Subject to approval, Affiliate may post on: Instagram, Facebook, YouTube, TikTok, and Affiliate’s website.

6. Ownership and Likeness

Affiliate retains ownership of the Deliverables but grants REF and its affiliates a non-exclusive (or, if separately agreed, exclusive), perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, and display the Deliverables and any derivative works across all media. Affiliate also grants REF the right to use Affiliate’s name, image, likeness, voice, and statements (“Likeness”) in connection with the campaigns and Deliverables. These rights survive termination.

Content Creation Addendum — Exhibit A: Standards of Conduct

In all promotional messages, photos, or other communications about REF and its services, Affiliate must:

Comply with the FTC Endorsement Guides, making only statements that reflect Affiliate’s honest beliefs and experiences, with clear and conspicuous disclosure of its connection to REF in every post;
Review the FTC’s influencer guidance materials (including “Disclosures 101 for Social Media Influencers” and “The Do’s and Don’ts for Social Media Influencers”);
Adhere to the posted policies and terms of each platform, understanding that a platform’s own disclosure tools do not necessarily satisfy FTC requirements.

Affiliate must NOT:

Make deceptive, misleading, or unsubstantiated claims about REF’s or competitors’ services;
Disclose REF’s confidential information, or disparage REF or its services;
Quote or imply any interest rate, loan amount, approval, or other Loan term;
Offer to sell or solicit products on REF’s behalf, or make offers or commitments to any Lead;
Post content that is defamatory, infringing, harassing, or that promotes bigotry, discrimination, or unsafe activity, or that uses slurs, obscenity, or offensive language;
Create fake followers or engagement, buy followers, use bots, or post fake sponsored content.

Terms and Conditions for Referred Borrowers

These terms govern referrals submitted through the Affiliate Program and define the conditions a referred borrower (“Referee”) must meet for a referral by an Affiliate (“Referror”) to be valid. REF does not currently offer a separate borrower-side incentive; the conditions below establish when a referral is valid and eligible to generate the Affiliate’s Referral Fee.

The Referee must use the Affiliate’s unique referral link to reach REF’s landing page and begin a loan application; referrals not originating through the link are ineligible.
The Referror may not refer themselves or any business entity in which they hold an interest.
The Referee must be seeking a business-purpose Loan for residential investment property on behalf of a legally formed U.S. business entity; individuals seeking consumer loans, or entities formed outside the United States, are ineligible.
The Referee must successfully apply for and close the Loan associated with the referral.

PartnerStack is a third-party referral-management platform and Stripe is a third-party payment platform; each has its own terms that referring parties must accept. Violation of those terms may result in denial of an incentive or removal from the program. Terms of the Affiliate Program are subject to change at REF’s sole discretion.

If you have any questions about these Terms, please contact us at:
Betterlife REF, LLC
Email: info@betterliferef.com