Last Revised: November 11, 2022
These terms and conditions ("Terms") govern the marketing and lead generation services provided by the general contractor identified below ("Contractor") to Renovation Finance LLC ("RenoFi") (each a "Party" and collectively the "Parties"). Contractor’s homeowner-clients are interested in learning about potential financing options for their renovation projects and Contractor would like to market RenoFi to its clients, to the extent permitted by Applicable Law and these Terms. Contractor consents to these Terms by agreeing to be part of the RenoFi General Contractor Program or marketing RenoFi to homeowners, whichever occurs first.
Contractor and RenoFi will work together to determine the best way for Contractor to promote RenoFi based on the Contractor’s client-needs, technology, project cost estimating/quoting process/software and Applicable Law (the "Marketing Services").
The Marketing Services may include: (i) postcards, business cards, flyers, posters, or other printed material Contractor can display to or share with its clients; (ii) copy text, logos, images, and links, QR codes, or URLs inserted or embedded on the Contractor’s website or other strategically valuable locations or points in the Contractor’s process where homeowners may be interested to learn about potential financing options (i.e. the project cost estimate or proposal); and (iii) a client lead or intake form or landing page where RenoFi may be provided the contact information of homeowner-clients interested in learning about available financing options through RenoFi.
RenoFi will provide all the materials necessary for Contractor to perform Marketing Services. Contractor agrees not to modify any of Marketing Services materials except with RenoFi’s prior consent.
Contractor understands that Marketing Services may be available only in certain states and for select product types (i.e. personal loans) and/or minimum project sizes. RenoFi will notify Contractor of specific limitations.
When providing Marketing Services, Contractor shall not: (i) represent or promise to obtain or find, or assist in obtaining or finding, loans or lenders, (ii) advertise the ability to provide referrals for financing or to find loans or lenders; (iii) solicit consumers for the purpose to find or arrange loans or lenders, (iv) discuss or advertise any particular lender or loan terms.
Contractor is not acting as RenoFi’s agent, finder, or representative when engaged in Marketing Services.
If the Marketing Services include Contractor capturing homeowner-client contact information, Contractor shall obtain prior consent from the homeowner-client, in compliance with any Applicable Law, before sharing with RenoFi.
Contractor understands that RenoFi is a licensed mortgage broker, and some states regulate advertising, promoting, or otherwise referring business for residential mortgage loans to mortgage brokers. RenoFi has conducted some due diligence that indicates RenoFi is not prohibited from engaging Contractor for Marketing Services.
Contractor should conduct its own due diligence. By providing Marketing Services, Contractor confirms it has conducted its own due diligence and Contractor’s performance of any Marketing Services does not violate any laws applicable to Contractor.
RenoFi is solely responsible for the costs and expenses incurred in developing the materials for and, where applicable, configuring the necessary technology for the Marketing Services. Since the Marketing Services are tailored to RenoFi, Contractor agrees that RenoFi is not contributing to or defraying any of Contractor’s advertising expenses.
RenoFi will not pay any fees, commissions, or other compensation to Contractor for the Marketing Services. Contractor agrees not to indicate in any way to homeowner-clients that a fee is necessary or required to be paid or to assess, collect, or receive any fee from homeowner-clients for performing any Marketing Services.
RenoFi may provide Contractor periodic aggregated reports of the traffic or other metrics indicating the effectiveness of the Marketing Services.
Each Party agrees to maintain full compliance with all applicable statutes, regulations, and guidelines which govern each Party’s obligations under these Terms ("Applicable Law").
Either Party may terminate these Terms at any time with written notice to the other Party.
Each Party hereby grants the other a non-exclusive, non-transferable, revocable license to use their trademarks, service marks, trade names, and logos (collectively, "Marks") solely and exclusively in connection with these Terms.
No Party may modify the other Party’s Marks in any way. Nothing in these Terms shall be construed to transfer a Party’s ownership or other rights in the Marks or other intellectual property to the other Party. This limited license is revoked if either Party terminates.
Nothing contained in these Terms shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship between the Parties. Neither Party will be liable to the other Party for commercial loss, lost profits, or any consequential, incidental, indirect, punitive, or special damages, however caused and regardless of legal theory or foreseeability, directly or indirectly.
Any notices required under these Terms will be in writing and delivered via email, sent with confirmed receipt email, to the email addresses of each Party’s designated contact person. The Parties agree that Pennsylvania shall govern any matter or dispute relating to or arising out of these Terms. These Terms contain the entire and complete agreement among the Parties with respect to the subject matter contained herein.