LENDER PARTICIPATION AGREEMENT
This Lender Participation Agreement (“Agreement”) is made between Genesis Global Investment Group (“Company”) and the undersigned Lender (“Lender”), collectively referred to as the “Party” or “Parties.”
1. Purpose & Relationship
The Company operates a lending network that connects Lenders with potential Borrowers seeking commercial financing solutions. Lender desires to participate in this network and receive loan opportunities for potential funding.
This Agreement establishes a non-exclusive relationship, allowing Lender to review and consider loan applications submitted through the Company’s network. Participation does not guarantee any specific loan volume or funding opportunities.
2. Loan Review & Funding Discretion
- The Company will refer loan opportunities to the Lender based on Lender’s stated lending criteria.
- Lender retains sole discretion to approve or deny any loan application. The Company makes no guarantees regarding loan volume, quality, or funding.
- Lender shall review loan applications and provide a decision within 10 business days unless otherwise agreed upon.
- All lending decisions, underwriting, and compliance responsibilities rest exclusively with Lender.
- Lender shall not misrepresent loan terms or engage in predatory lending practices, defined as any lending that involves unfair, deceptive, or abusive loan terms that do not benefit the Borrower.
3. Independent Status
- This Agreement does not establish a partnership, joint venture, agency, or employment relationship between the Parties.
- Lender acts as an independent entity responsible for its own lending operations, compliance, and regulatory obligations.
- Lender may not use the Company’s name in marketing, advertising, or public communications without prior written consent.
- Lender is responsible for all costs associated with loan underwriting, funding, and servicing. The Company is not liable for any expenses incurred by the Lender unless otherwise specified in a separate written agreement.
4. Compliance & Regulatory Obligations
- Lender agrees to comply with all applicable federal and state lending laws, including but not limited to:
- Real Estate Settlement Procedures Act (RESPA)
- Truth in Lending Act (TILA)
- Equal Credit Opportunity Act (ECOA)
- Fair lending regulations
- Lender must maintain all required licenses, permits, and bonding necessary to operate in jurisdictions where it provides loans.
- Lender shall not engage in any unethical, deceptive, or illegal lending practices.
- The Company reserves the right to remove Lender from the network for non-compliance or regulatory violations.
5. Confidentiality & Data Protection
- Both Parties agree to protect any non-public personal information (NPI) received in connection with loan applications and comply with all relevant data privacy laws, including but not limited to:
- General Data Protection Regulation (GDPR) (where applicable)
- California Consumer Privacy Act (CCPA) (if applicable)
- Any other relevant federal or state data protection regulations
- Lender shall not share, sell, or misuse any Borrower information provided through the Company’s network.
6. Termination
- Either Party may terminate this Agreement with 30 days’ written notice, unless termination is due to a material breach, in which case termination may be immediate upon written notification.
- The Company reserves the right to remove Lender from the network at any time if it determines, in its sole discretion, that Lender has:
- Violated any terms of this Agreement.
- Engaged in practices harmful to Borrowers or the Company.
Acknowledgment & Consent
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