Terms of Application

Each Merchant appoints Links Capital as its agent to submit requests for business capital, including merchant cash advances, business loans, lines of credit, equipment financing, commercial real estate financing, and SBA loans. Links Capital may select Funding Partners and will present approvals it receives. Merchants and Owners authorize review of financial records, references, due diligence, business and personal credit reports, and releases from banks and card processors.

This Agreement lasts 30 days from its effective date and then renews month to month. It may be terminated by written notice at least two business days in advance. Surviving obligations remain in effect.

Links Capital's only compensation is the commission a Funding Partner elects to pay under customary industry practice. Links Capital will not bill the Merchant separately for submitting Applications. Required broker compensation disclosures will be provided before signing a financing agreement.

The Merchant enters into this Agreement in the ordinary course of business.

The Merchant represents that it complies with applicable laws and holds required permits, licenses, and authorizations.

The Merchant is a valid business in good standing and enters this Agreement for business purposes only, not personal, family, or household purposes.

Each Merchant and Owner represents that no bankruptcy petition is filed or pending and that none is contemplated.

A merchant cash advance is a purchase and sale of future revenue, not a loan. A slowdown, failure, or bankruptcy is not by itself a breach of a merchant cash advance agreement. An estimated APR disclosure, where required, does not change its legal nature.

Any reconciliation request must be made directly to the Funding Partner under the merchant cash advance agreement, not through Links Capital.

Links Capital may monitor and record calls. By providing a telephone number, you agree to calls, prerecorded or artificial voice messages, texts, and email about this Agreement, your application, and account. Message and data rates may apply. Reply HELP for help and STOP to opt out. Consent to promotional messages is not a condition of service.

Merchants and Owners agree not to make false or defamatory statements about Links Capital. This does not prohibit truthful reviews, reports to government agencies, or truthful testimony.

Merchants and Owners agree to indemnify and hold harmless Links Capital and its people from claims, lawsuits, losses, and reasonable expenses arising from Links Capital's performance or failure to perform.

Links Capital is not an insurer and, to the extent permitted by law, is not liable for loss, injury, or damage from any cause.

If Links Capital is found liable, total liability will not exceed the greater of $300 or Broker Fees actually received under this Agreement.

Each accepting person represents authority to bind the party and that application and recorded-call information is accurate and complete. An investigative report may be obtained.

Entering into and performing this Agreement will not cause a default under another contract.

If a Merchant or Owner obtains funding through another application during the term, a Broker Fee may be owed as if Links Capital submitted it. Links Capital may pursue cumulative legal and equitable remedies and reasonable collection expenses to the extent permitted by law.

Merchants and Owners may not assign rights without consent. Links Capital may assign, transfer, sell rights, or delegate duties and may disclose information in connection with an assignment.

Notices may be sent by certified mail, overnight courier, email, or text to the addresses and numbers in the Application. Notices to Links Capital go to 10103 Fondren Rd, Houston, TX 77096 or info@linkscapitalgrp.com.

This Agreement and the relationship between the parties are governed by Texas law.

Lawsuits must be filed in state or federal court in Harris County, Texas, subject to the arbitration provisions below.

In a lawsuit or arbitration commenced by Links Capital, no Merchant or Owner may assert a counterclaim.

Merchants and Owners must pay reasonable costs Links Capital incurs because of breach and enforcement, including attorneys' fees, court costs, and arbitration fees.

Judgments in Links Capital's favor bear interest at 18% per year, or the highest rate permitted by law if lower.

If Links Capital prevails, the Merchant or Owner must pay reasonable attorneys' fees, which may include a contingency fee.

Any dispute may be resolved by binding arbitration at the election of a party, administered by the AAA under its Commercial Arbitration Rules, before one arbitrator. In-person hearings take place in Harris County, Texas. The Federal Arbitration Act governs.

Merchants and Owners consent to service by First-Class or Priority Mail to the physical address listed in the Application.

Representations, warranties, and covenants survive execution until obligations are satisfied and the Agreement terminates.

Failure or delay in exercising a right is not a waiver. Remedies are cumulative.

Changes, amendments, waivers, and consents are effective only in a writing signed by all parties.

Invalid provisions will be limited or severed and all other provisions remain effective.

Headings are for convenience only.

Each Merchant and Owner acknowledges the opportunity to review this Agreement with an attorney of choice or chooses not to do so.

This Agreement and accepted addenda are the complete understanding of the parties about their subject matter.

This Agreement may be accepted electronically and in counterparts. Electronic, facsimile, and scanned copies have the same force as an original signature.

Links Capital Group LLC
10103 Fondren Rd, Houston, TX 77096
Phone: (844) LINKSCAP
Email: info@linkscapitalgrp.com
Website: linkscapitalgrp.com