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The terms and conditions below (the “Terms and Conditions”) govern your participation in the Paycheck Protection Program Referral Program (the “PPP Referral Program”) currently offered by Idea 247,Inc., a Florida corporation (“Idea”). If you and your Company (together the “Partner”) wish to participate in the PPP Referral Program, you agree to the terms described in this PPP Referral Program Agreement (the “Agreement”). You also agree that you are an officer of the Company with authority to execute documents on behalf of the Company, authorize Idea and its designated agents to order and conduct a comprehensive review of your background and the Company’s background and the background of the Company’s Owners, including ordering background reports and investigative reports at Idea’s discretion.
WHEREAS, Partner and Idea wish to enter into a Referral Agreement whereby Partner refers qualified merchants to Idea for participation in PPP Referral Program.; and WHEREAS, Partner is aware that Idea is under contract with Cross River Bank to send all qualified merchants to Cross River Bank for participation in the PPP Referral Program; WHEREAS, Partner is aware that Cross River Bank is responsible for underwriting, funding and forgiveness of any PPP loan that may derive from the PPP Referral Program; WHEREAS, Partner and Idea hereby agree to as follows:
1. Partner will identify certain customers seeking a Paycheck Protection Program loan (a “PPP Loan”) under the CARES Act of 2020 (the “Act) as amended by the Consolidated Appropriations Act of 2021, each such referral is defined as a “PPP Referral.” To qualify as a PPP Referral, the customer must have (i) been in operation on or before February 15, 2020, (ii) have 300 or fewer employees, (iii) have used or will use all of their first PPP loan; (iv) Can show a 25% gross revenue reduction in any 2020 quarter compared with the same quarter in 2019. If this is the customer’s first PPP loan, the CARES Act enacted in March 2020 shall apply.
2. Idea shall pay compensation to Partner in accordance with Exhibit A, attached herein. The compensation shall be paid when Idea has received compensation for the loans funded from Cross River Bank. Idea shall make said commission payments within 10 days of receiving funds from Cross River Bank or at a time that is practicable under the current circumstances. Idea shall not be subject to penalty for payments made after 10 days but shall make all reasonable efforts to ensure payments are made timely.
3. Partner recognizes that Idea shall incur significant costs associated with the PPP Referral Program. As such, Partner agrees to send all PPP Referrals exclusively to Idea and shall not send any PPP Referrals to any other funding source or broker. In the event this section is violated, Idea shall have no obligation to pay any commission to Partner.
EXHIBIT A: PPP Referral Program Compensation Plan
Idea Financial shall pay to Partner a Commission for the PPP Loan as a percentage of commission received by Idea Financial from Cross River Bank, in an amount equal to the following for funds advanced to Merchant(s) by and through the Paycheck Protection Program during the term of this Agreement, subject to any restrictions set forth in Section 2, above.