This Agent Participation Agreement ("Agreement") is entered into as of
BETWEEN:
Fynor Digital, a sole proprietorship operating in Alberta and carrying on business through the service known as MortgageMatchr (the "Company")
and
The "Participant"
Please provide the email address and phone number where you would like to receive leads. By providing this information, you consent to being contacted by Fynor Digital / MortgageMatchr.
1. Purpose
MortgageMatchr is a subscription-based service operated by Fynor Digital that connects mortgage consumers with participating licensed mortgage professionals in assigned Canadian FSA territories.
2. Territory Rights
The Company grants the Participant exclusive participation rights for the FSA territories listed in Schedule A, provided the Participant remains active, paid, licensed, and in good standing.
The Participant acknowledges that exclusivity applies only to the assigned FSA territories and does not guarantee any specific number of leads, applications, funded mortgages, revenue, or commissions.
3. Subscription Fees and Stripe Billing
The Participant agrees to pay the monthly subscription fee listed in Schedule B through a Stripe subscription. Billing occurs automatically through Stripe according to the billing cycle selected at signup. The Participant is responsible for maintaining a valid payment method. Failed payments may result in suspension or termination of territory rights.
4. No Refund Policy
All subscription fees are non-refundable. Once a payment is processed, no refunds will be issued, regardless of lead volume, territory usage, or early cancellation/termination. The Participant agrees not to initiate any credit card disputes or chargeback requests. In the event of such a dispute, the Participant acknowledges and agrees that this executed Agreement shall be submitted to the credit card issuer as binding evidence of the Participant’s authorization of the charges and waiver of the right to dispute, and the Company will vigorously contest any such chargeback. The Participant further acknowledges that the Company reserves the right to pursue all outstanding payments through legal collection and/or formal legal action.
5. Cancellation Policy
The Participant may cancel anytime by submitting a request to
[email protected], provided cancellation is completed at least ten (10) days before the next billing date. If cancellation occurs fewer than ten (10) days before the next billing date, the Participant will be charged for the upcoming month and service will remain active until the end of that following billing period. Failure to notify the Company of cancellation in accordance with this section, resulting in a failed or declined payment, shall be considered a material breach of this Agreement, for which the Company may seek full recovery of all unpaid amounts plus legal costs.
6. Termination
The Company reserves the right to terminate this Agreement immediately if the Participant breaches any terms, engages in conduct detrimental to the Company, or fails to maintain necessary licensing.
6. Promotional Offers
Promotional offers may include discounted pricing, adjacent unsold territory access, or other incentives. Temporary access to adjacent unsold territories is discretionary, does not create ownership rights, and may be revoked at any time.
7. Lead Response Requirement
The Participant agrees to respond professionally to consumer inquiries within one (1) business day whenever reasonably possible. If the Participant fails to respond to a consumer inquiry within fourteen (14) calendar days, the Company may reclaim, suspend, or reassign the applicable territory without refund.
8. Territory Reclamation
The Company may reclaim or reassign territory rights if the Participant fails to maintain an active Stripe subscription, fails to respond to an inquiry within fourteen (14) days, loses required licensing, misuses consumer information, damages the reputation of MortgageMatchr or Fynor Digital, or otherwise breaches this Agreement.
9. Participant Compliance
The Participant is solely responsible for maintaining all required licences, brokerage approvals, insurance, and regulatory compliance in each province or territory where they operate.
10. Privacy and Consumer Data
The Participant agrees to use consumer information solely for legitimate mortgage-service purposes and comply with applicable Canadian privacy legislation, including PIPEDA and applicable provincial privacy legislation.
11. CASL and Communications
The Participant is responsible for complying with Canada's Anti-Spam Legislation and all applicable laws governing commercial electronic messages.
12. Brokerage Approval
Where required by law, brokerage policy, or regulatory rules, the Participant confirms they have obtained approval from their brokerage to participate in MortgageMatchr.
13. No Guarantee of Results
The Participant acknowledges that MortgageMatchr sells subscription access and territory participation rights only and does not guarantee lead volume, conversion rates, funded mortgages, revenue, profitability, or return on investment.
14. Intellectual Property
Fynor Digital retains all rights to the MortgageMatchr name, brand, website, software, content, data, systems, and marketing materials.
15. Independent Contractor
The Participant is an independent business operator. Nothing in this Agreement creates an employment, partnership, joint venture, franchise, agency, or fiduciary relationship.
16. Term
This Agreement begins on the Effective Date and continues on a month-to-month basis until cancelled or terminated.
17. Termination
Either party may terminate this Agreement in accordance with the cancellation terms above. The Company may suspend or terminate the Participant immediately for breach, non-payment, loss of licence, misconduct, misuse of consumer data, or reputational harm.
18. Limitation of Liability
To the maximum extent permitted by law, the Company is not liable for lost profits, lost opportunities, indirect damages, consequential damages, or punitive damages. The Company's maximum liability shall not exceed the subscription fees paid by the Participant in the three (3) months before the claim.
19. Indemnification
The Participant agrees to indemnify and hold harmless Fynor Digital, MortgageMatchr, and their owners, contractors, and representatives from claims arising from the Participant's conduct, regulatory non-compliance, consumer dealings, privacy breaches, or breach of this Agreement.
20. Electronic Signatures
This Agreement may be signed electronically and in counterparts. Electronic signatures shall have the same effect as original signatures.
21. Governing Law
This Agreement is governed by the laws of Alberta and the federal laws of Canada applicable therein.
22. Entire Agreement
This Agreement, including all schedules, forms the entire agreement between the parties and replaces all prior discussions or understandings.
Service/Product: MortgageMatchr Subscription 2 FSA Territories
Monthly Amount: $49/month CAD
Upon submission of this Agreement, the Company shall transmit a notice of territory assignment to the Participant within three (3) business days. Upon receipt of such notice, the Participant is granted a period of twenty-four (24) hours to request an adjustment or terminate this Agreement, in which case any applicable subscription fees paid shall be refunded within fifteen (15) business days.
The Company shall use commercially reasonable efforts to accommodate the Participant's requested FSA territories; however, the Company makes no guarantee regarding the availability of specific territories. The Company continuously monitors territory availability and may, at its sole discretion, assign the Participant leads from adjacent territories currently lacking coverage. Such temporary assignments are discretionary, subject to change or revocation by the Company at any time without notice, and do not confer any ownership or permanent participation rights over such adjacent territories. The Company will notify the Participant should their requested areas, or suitable alternatives, become available.
By signing and submitting this form, you agree to all terms of this Agreement and acknowledge that this submission acts as a binding contract. You will be redirected to the payment page upon completion.
