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Version 2.0

Partner Terms — Foody Finance Partner Network

JayBen, LLC dba Foody Finance ("Foody Finance", "we")

Version 2.0 · Effective September 4, 2026

  1. 1. The relationship.

    Foody Finance is an independent business financing referral service. We publish financing information, collect an inquiry with consent, qualify it on state, product class, and basic facts, and refer it to approved partners. We are not a lender, funder, investor, or your agent, and we do not quote rates or terms, relay, compare, or rank offers, negotiate for the business, or prepare your application. Approved partners, direct funders and brokers, receive referred inquiries under two tracks: Referral and Lead Purchase. You choose your track or tracks at application. Every offer email states the track upfront, and for purchased leads, the exact price, before you commit.

  2. 2. Track is set by state.

    In most states, Foody Finance operates on the Referral track: we refer a qualified inquiry to you and you carry the transaction from first contact forward. In California and Missouri, Foody Finance operates on the Lead Purchase track: the inquiry transfers at a fixed fee per inquiry, and Foody Finance does not broker, arrange, or negotiate financing there. The business's state controls the track, not preference.

  3. 3. Lead ownership and distribution.

    Every lead and all data in it belongs to JayBen, LLC dba Foody Finance until assigned or sold. Assignment or purchase grants you the right to contact that lead, and nothing more. It is not a guarantee of exclusivity.

    We may distribute or resell a lead to up to three (3) partners at a time, on either track. More than one partner may be working the same opportunity simultaneously. If the partners currently holding a lead go unresponsive, we may distribute or resell it to additional partners beyond three.

    On referred inquiries, the referral fee in Section 5 is owed by whichever partner actually funds or activates the account. Working an inquiry another partner closes earns nothing. On purchased leads, each partner who buys pays the full stated price independently: a purchase by other partners does not reduce or refund yours.

    We may reassign or redistribute any referred inquiry at any time, for any reason, at our sole discretion.

  4. 4. Updates.

    Status updates are requested by email and answered by push-button: one click, not a report. Answer every request. Two consecutive unanswered requests trigger a third carrying a red warning and a one-hour deadline; if no update lands within that hour, the lead may be immediately reassigned to a more responsive partner. Chronic non-response ends your access to future leads. Repeated failure to communicate is treated as a material breach of this agreement.

  5. 5. Referral compensation.

    Foody Finance earns a referral fee equal to fifty percent (50%) of the fee or revenue you generate from a referred account that funds or activates. For two (2) years from the date of assignment, Foody Finance also earns fifty percent (50%) of revenue you or your affiliates earn from that client on future renewals and additional fundings connected to the funding relationship. Renewals and additional fundings that occur after that two-year period are not subject to this revenue share.

  6. 6. Lead Purchase compensation.

    Purchased leads are paid in full, upfront, before contact rights transfer. The stated price is the entire compensation: no revenue share, no renewal share, no upsell share applies to purchased leads. Sales are final; if a lead's contact data is materially invalid (disconnected number, dead inbox), report it within 48 hours for a replacement credit.

    Leads are individually priced; the price is on every offer.

  7. 7. Payment.

    Referral fees are due within seven (7) days of each funding or activation event unless genuinely impossible: tell us before the deadline, not after. Obligations survive reassignment: if you fund a lead we sourced, even after it was reassigned, you owe the applicable referral fee. Any payment issue stops your lead flow immediately.

  8. 8. Compliance.

    You represent that you hold every license and registration required for your activities in every state you operate, and that all provider-side disclosures under applicable commercial financing disclosure laws are yours to make. Every offer, rate, term, and disclosure goes from you to the business directly; Foody Finance never communicates, relays, compares, or ranks them. Foody Finance's role on both tracks is referral and lead generation only; every financing activity that follows is yours.

    State restrictions. Foody Finance does not refer inquiries from businesses in North Dakota. Merchant cash advance and other revenue-based financing structures are not referred for businesses in Texas, Virginia, or Connecticut, and you may not offer those products on an inquiry referred from those states, including an inquiry whose product class was not stated. In California and Missouri, the inquiry transfers for a fixed fee per inquiry, Foody Finance performs no brokering, arranging, or negotiating, and the fixed fee is the entire compensation for that inquiry.

  9. 9. Consent, opt-outs, and do-not-contact.

    9.1 Scope of consent. Every lead comes to you with the specific consents that lead gave us — to share the inquiry, to be contacted about it, and, where separately given, to receive marketing. You inherit those consents; you do not expand them. Contact the lead only about the funding request, only through the channels and the phone numbers or addresses the lead provided, and only within those consents. No marketing outside the request, no adding the lead to any other campaign or list, no skip-tracing or appending new contact points, and no resale or transfer except to a funding source evaluating this lead's request under the same consents. Do not use automated dialing, prerecorded, artificial, or AI-generated voice, or automated texting to reach a lead unless the lead's consent expressly covers it and you independently hold every consent the law requires of you. Contact only between 8 a.m. and 9 p.m. at the lead's local time.

    9.2 Opt-outs propagate immediately. If a lead revokes consent, asks to stop, unsubscribes, replies STOP or any equivalent, or is marked do-not-contact on any channel — including a do-not-disturb setting we apply in our CRM — that channel closes for everyone holding the lead, whether the request reached us or reached you, and it is a revocation of your consent as to that lead on that channel regardless of how or to whom the lead expressed it. When we receive it, we notify you; you stop that channel immediately on receipt of our notice, and in no event later than 24 hours after it. When you receive it, you stop immediately and notify us within 24 hours so we can suppress the channel and notify every other partner holding the lead. A request to stop all contact closes every channel, including on a request that is mid-process. You will maintain automated processing of STOP and equivalent keywords on every texting channel you use and a company-specific do-not-call list, and you will add every opted-out lead to both.

    9.3 Your compliance is yours. You are independently responsible for complying with the TCPA and FCC rules, state telemarketing and mini-TCPA laws, the Telemarketing Sales Rule and federal and state do-not-call requirements, CAN-SPAM, and state privacy laws in every communication you make, and for every person, vendor, or platform that contacts a lead on your behalf as if you made the contact yourself. A lead's consent to us does not substitute for any consent, registration, or disclosure the law requires of you. Fines, penalties, damages, and judgments arising from your communications are yours alone. You will defend, indemnify, and hold harmless JayBen, LLC dba Foody Finance, its owners, officers, employees, and affiliated brands against every claim, demand, regulatory inquiry, fine, penalty, judgment, settlement, and reasonable attorneys' fee arising from a communication you or anyone acting for you made after an opt-out, outside the consent scope, or in violation of law — whether brought against you or against us.

    9.4 Privacy-law terms. Where a lead's information is sold or shared to you under state privacy law, you receive it for the limited purpose of evaluating and funding that lead's request. You will comply with the California Consumer Privacy Act and comparable state laws and provide at least the level of privacy protection they require. You will notify us within 24 hours if you can no longer meet these obligations. We may require written confirmation of compliance at any time and, on five business days' notice, may review your records of consents and opt-outs, and we may suspend distribution and require deletion of a lead's information to stop or remediate unauthorized use. When we forward a deletion or correction request, you honor it within ten business days unless the law requires you to retain the record, and you confirm completion to us in writing.

    9.5 Records and certification. Keep records of every consent you rely on and every opt-out you receive or are notified of for at least five years, and produce them within five business days of our request. By accepting these terms, and again on each anniversary, you certify that you maintain a written telemarketing and do-not-call compliance program, process opt-outs automatically on every channel you use, are registered for A2P 10DLC on every number you text from, and have disclosed to us in writing any telemarketing, do-not-call, CAN-SPAM, or privacy enforcement action or lawsuit against you in the prior three years.

    9.6 Consequences. Failing to honor an opt-out, contacting a lead outside its consents, or failing to notify us of an opt-out you received is a material breach. On a confirmed instance, we may take action including, but not limited to: pausing or suspending your lead distribution; reassigning affected leads; requiring written confirmation of the corrective steps you have taken; requiring deletion of a lead's information; or ending your access. Which action we take depends on the circumstances, including whether the contact exposed a lead to unlawful communication and whether it has happened before. We may ask you for an explanation and a description of your corrective steps before deciding, and we may make both a condition of resuming distribution. Suspension or removal does not reduce or excuse anything you owe on leads already provided — referral fees, renewals, upsell share, and unpaid lead purchases all remain due under Sections 5, 6, and 7.

  10. 10. Term.

    Either side can stop future lead flow at any time. Everything you already owe, on assigned, purchased, or funded leads, survives.

  11. 11. Amendments.

    Foody Finance may amend these terms at any time. We will notify you by email when a new version is published. Continued use of assigned or purchased leads after that notice constitutes acceptance of the amended terms.

  12. 12. Agreement.

    These terms are governed by South Dakota law. Submitting the partner application and checking the agreement box creates a binding agreement between you and JayBen, LLC dba Foody Finance. If any of this is a problem, do not move forward with our leads.

Partner Terms — Foody Finance Partner Network · Version 2.0 · Effective September 4, 2026

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