Partner Terms & Conditions

Barastone, Inc. (“Barastone”) offers Home Equity Agreements (“HEAs”) - contracts under which Barastone provides a homeowner cash in exchange for a share of the future value of the homeowner's residential property, secured by a recorded interest. A Platform Partner (“Partner”) provides marketing and lead-generation services: the Partner presents Barastone-approved educational information to homeowners and directs interested homeowners to Barastone for their own consideration of an HEA.

Barastone - and not the Partner - performs all individualized prequalification, application intake, underwriting, and funding. The Partner is an independent contractor and has no authority to bind or obligate Barastone.

The Partner, using Barastone's portal and approved materials, may:

• Present only Barastone's pre-approved, compliance-locked educational materials about HEAs;
• Make available a Barastone-branded, self-serve educational tool that shows an illustrative range with the required “estimate, not an offer or approval” notice;
• Direct interested homeowners to Barastone's application platform through an approved, tracked call to action; and
• Use the per-lead receipt identifier and limited masked contact information Barastone provides solely to reconcile attribution.

The Partner shall NOT:

• Take, accept, or offer to accept an HEA application;
• Collect, store, or transmit any homeowner financial-underwriting data (credit scores, mortgage balances, liens, income);
• Provide any individualized determination, assurance, or estimate that a homeowner qualifies for, or will receive, any particular amount;
• Offer, negotiate, or counsel on the terms of any HEA, or provide individualized financial advice;
• State or imply that an HEA is “not a loan,” involves “no debt,” is “interest-free,” or similar, or use any materials not pre-approved by Barastone;
• Pressure or unduly influence any homeowner, or condition the Partner's own goods or services on a homeowner obtaining an HEA; or
• Represent itself as authorized to bind or make commitments on behalf of Barastone.

The Partner is paid a flat Marketing and Lead-Generation Fee for each Qualified Lead, at the per-lead rate set out in the Fee Schedule (Exhibit D). The Fee is a flat amount per Qualified Lead with no volume tiers and no retroactive escalation.

A Qualified Lead is a homeowner who reaches Barastone's application platform through the Partner's approved, tracked call to action, submits an application directly to Barastone, and is confirmed by Barastone to meet its minimum eligibility criteria. The Fee is earned at that validated-application stage - never at closing - and is never based on the funded amount or the volume of funded HEAs.

The Fee compensates marketing and lead-generation services actually performed and is set as their fair market value. It is not, and shall not be construed as, compensation for the referral of settlement-service business. Payments are made twice per month, on the 14th and 28th, for Qualified Leads earned during the applicable period. The Fee is the Partner's sole remuneration; the Partner may not charge homeowners or accept anything of value from any other party in connection with a lead or homeowner.

The Partner represents and warrants that it holds and maintains every license and registration required for its actual activities in each jurisdiction listed in its Exhibit A (Licensed Jurisdictions). A Partner operating solely as a marketing and lead-generation trade or service provider is not required to obtain an NMLS identifier.

Fee eligibility is limited to the jurisdictions listed in the Partner's Exhibit A. In states that treat the HEA as a residential mortgage loan or extension of credit, or that restrict compensated referral or lead-generation activity, no Fee is payable unless Barastone has first obtained and recorded written outside-counsel confirmation that the Partner may lawfully be compensated there.

The Partner shall comply with federal anti-discrimination laws relating to lending, including the Equal Credit Opportunity Act and the Fair Housing Act, as if the HEA were credit or a residential mortgage loan.

Each party will hold the other's Confidential Information in strict confidence, use it solely to perform under the Agreement, and limit access to personnel bound by comparable obligations. Confidential Information includes the terms of the Agreement, Barastone's Guidelines and marketing materials, attribution data, and any masked homeowner information. The Partner shall not re-identify, resell, or use any masked attribution or homeowner information for any independent marketing, and shall maintain safeguards consistent with applicable privacy laws (including the CCPA and, to the extent applicable, GLBA).

Each party represents that it is duly authorized, complies with applicable laws, and maintains required insurance. The Partner further represents that it has not been debarred or suspended from marketing consumer financial products, that no material proceeding threatens its performance, and that it will notify Barastone of any material change in ownership, control, licensing, or financial condition.

The Partner shall indemnify and hold Barastone harmless from third-party claims or regulatory actions arising out of the Partner's breach, unlicensed activity, use of non-approved materials, regulatory violations or negligence, or misrepresentations to homeowners.

The Partner is an independent contractor and is not an employee, partner, or agent of Barastone, and has no authority to bind or obligate Barastone in any manner.

The Agreement begins on its Effective Date and continues for one (1) year, renewing automatically unless terminated. Either party may terminate for convenience on thirty (30) days' written notice, or for a curable breach not cured within ten (10) days of written notice. Barastone may terminate immediately for cause - including fraud, license revocation, the taking of applications, or the collection or transmission of prohibited homeowner financial data. On termination, all services cease, Confidential Information is returned or destroyed, and Barastone pays all Fees earned before termination.

Disputes are resolved by binding arbitration under the Commercial Rules of the American Arbitration Association, seated in San Mateo County, California (San Carlos). California law governs the Agreement; the Federal Arbitration Act governs arbitration. The prevailing party is entitled to reasonable attorneys' fees and costs. Either party may seek injunctive relief in court for violations of confidentiality or intellectual-property rights.

Before Barastone issues any Fee payment, the Partner completes a signed IRS Form W-9 and ACH deposit authorization through Barastone's secure Payment Onboarding portal. To protect sensitive information, no taxpayer-identification or bank-account details are collected within the Agreement itself. Completion of Payment Onboarding is a condition to payment.

The Agreement - the signed instrument, these Standard Terms, and Exhibits A-D - contains the entire understanding between the parties and supersedes the prior Referrer Agreement and its Payment Appendices. It may be amended only in writing. Electronic and counterpart signatures are valid. Barastone may update its Guidelines from time to time; the current version made available through the partner portal controls.

Homeowner data handling is described in our Privacy Policy. Questions about these terms may be directed to [email protected].

Barastone, Inc.
809 Laurel Street #952, San Carlos, CA 94070