AFFILIATE PROGRAM TERMS AND CONDITIONS:

Updated June 30th, 2004

Commission and Definitions:

.015% Commission on the total loan amount processed by one of our commercial lenders directly referred by you, the main affiliate.

.007% Commission on the total loan amount processed by one of our commercial lenders directly referred by an affiliate signed up as a sub-affiliate of you, the main affiliate.

Example:

$7,000,000 loan amount * .00015 = $1,050 (example of direct referral)

$7,000,000 loan amount * .00007 = $490 (example of indirect referral)

The definition of 'processed' or 'closed' is the completion of loan proceedings in which our Commercial Lenders secure the loan based on your referral. Not all referrals will turn into sales (successful loan closings).

A potential applicant will have a cookie placed on their computer with your affiliate ID that will last for 30 days, allowing them to return up to 30 days later to fill out the application form and giving you credit for the referral.

Payment Schedule:

You will be paid via check once a month for any referral commissions you have earned. It is up to you, the affiliate, to pay any taxes on the income you receive from this program.

AFFILIATE AGREEMENT

In order to be compensated as an AFFILIATE for referring applicants to our site, you agree to the terms and conditions of this agreement. BW Group and AFFILIATE are entering into a simple business agreement in the best interests of both parties. AFFILIATE and BW Group are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties. All copyrighted material and trademarked names and logos used in accordance with this Agreement by either or both parties remain the exclusive intellectual property of the respective originating or issuing parties. No transference of intellectual property ownership or conveyance of rights is intended or conferred in this Agreement. Sales and interests in this Agreement may not be transferred or sold to any other entity and all business between the parties is subject to the terms of this Agreement. Both parties will be held to confidence in any matters of business with regards to this Agreement.

AFFILIATE shall indemnify and hold BW Group harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under no circumstances will BW Group be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, BW Group aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to AFFILIATE under this agreement. BW Group will own all right, title and interest in and to all information that is created or collected in the operation of the CommercialCapital.Info (http://www.CommercialCapital.Info) site and reserves the right to amend or terminate this Agreement at any time, with or without notice to AFFILIATE.

It is the full responsibility of AFFILIATE to market these Products in a legal, ethical and honest fashion and AFFILIATE agrees that BW Group will be held harmless from any and all actions of AFFILIATE and AFFILIATE marketing and promotional programs. BW Group reserves the right to amend all pricing plans, commissions or conditions relative to this agreement BW Group reserves the right to terminate any affiliate with or without cause at the sole discretion of BW Group with or without notice.

Prohibition of SPAM/CAN-SPAM Compliance.

BW Group has a strict policy against unsolicited commercial e-mail (commonly referred to as "Spam"). Moreover, BW Group does not partner with companies or individuals that engage in Spam or fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or other laws regulating commercial email. You hereby affirm that all End Users contacted by you by e-mail as part of this Agreement are End Users that have subscribed to receive e-mail messages on an explicit, voluntary basis and that your sending of such e-mail under the terms of this Agreement cannot be reasonably interpreted as Spam or Spamming, a mobile service message as defined by the CAN-SPAM Act; and that you shall at all times comply with the CAN-SPAM Act or any other laws regulating commercial email. You agree to indemnify and hold BW Group its merchant customers and their respective affiliates, employees, officers, agents, directors and representatives harmless from any and all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys’ fees, costs related to in-house counsel time, court costs and witness fees) attributable to or arising out of or in connection with any third-party claim regarding an allegation of Spam or violation of the CAN-SPAM Act (or any other laws regulating commercial email) in connection with this Agreement.

The laws of the State of Tennessee shall govern this Agreement and should there be any legal dispute between the parties, then both parties agree to take the matter before mediation in Knox County, TN.