Marketplace Partner Terms

Version: 2026-07-12 · Status: binding clickwrap terms, pending counsel review — a countersigned written Lead Purchase Agreement, once executed, supersedes these terms to the extent they conflict.

These Marketplace Partner Terms (the "Terms") govern a lending partner's ("Partner," "you") purchase and use of consumer inquiries ("Leads") from the Shouldirefi.app marketplace (the "Marketplace"), operated by [OPERATOR LEGAL ENTITY NAME] ("ShouldIRefi," "we"). You accept these Terms on behalf of the company named in your partner invitation by checking the acceptance box during lender-account activation; the acceptance version, time, and account are recorded.

1. Flat-fee compensation only (RESPA §8 firewall)

All Lead pricing is a flat, standing per-Lead fee set by your bid before any Lead exists. For mortgage-secured products (mortgage refinance, home equity loan, HELOC), no compensation of any kind may be contingent on a loan being offered, approved, funded, or closed. You represent that you will not offer, and we will not accept, any success fee, closing bonus, revenue share, or volume kicker for mortgage-secured products.

2. No resale or transfer

You shall not sell, license, share, or transfer Lead data to any third party, including affiliates and service bureaus acting for other buyers. Permitted disclosures are limited to your own service providers bound by confidentiality obligations, and disclosures required by law.

3. Use restriction

Lead data may be used solely to respond to the specific consumer's inquiry for the identified product, and to service any resulting customer relationship. No remarketing lists, no lookalike audiences, and no marketing of unrelated products without fresh consent that you obtain yourself.

4. TCPA responsibility

You are the caller/texter and are solely responsible for your outreach practices. You may rely only on the consent language actually presented by ShouldIRefi (the consent record supplied with each Lead) and must: honor opt-outs and revocations immediately; maintain your own DNC scrubbing; and not use prerecorded/artificial voice or ATDS beyond the scope of the presented consent. You will indemnify ShouldIRefi for TCPA claims arising from your outreach.

5. Licensing representation

You represent and warrant that you hold all licenses and registrations (including NMLS where applicable) required to receive consumer referrals and originate or broker the relevant product in every state for which you purchase Leads, and that you will notify ShouldIRefi within 5 business days of any license lapse, suspension, or regulatory action. You authorize verification via NMLS Consumer Access.

6. Deletion and retention

You shall delete Lead data upon a consumer's verified request forwarded by ShouldIRefi, and in any event within 24 months of purchase for Leads that produced no customer relationship, except records retained to meet legal obligations.

7. Fair-lending conduct

You shall not use Lead data or bidding configuration to discriminate on any basis prohibited by the Equal Credit Opportunity Act or the Fair Housing Act, and shall not request Lead filtering by prohibited bases.

8. Consumer-experience standards

You may not misrepresent affiliation with ShouldIRefi or claim that ShouldIRefi endorses or recommends you. Directory ranking is survey-based and not purchasable.

9. Security

You shall protect Lead data with safeguards at least equivalent to the GLBA Safeguards Rule and notify ShouldIRefi within 72 hours of any breach affecting Lead data.

10. Indemnification

You will defend and indemnify ShouldIRefi against claims arising from your use of Leads, your outreach, your licensing status, or your loan products.

11. Records and audit

You will keep records of Lead handling for 5 years and reasonably cooperate with compliance inquiries.

12. Retainer mechanics

Marketplace deposits are prepayments for Leads, not escrow: pricing is pay-your-bid, balances accrue no interest, and withdrawals of unused balance are processed per the lender dashboard's withdrawal flow.

13. Term and termination

Either party may terminate on notice. Obligations attached to purchased Leads — use restrictions, deletion, TCPA responsibility, and indemnity — survive termination.

Questions: [email protected].