This is a legal agreement ("Agreement") between you and Find Mortgage Agent, operated by Superkreatives (13929931 Canada Inc.) (the "Company", "we", "us", or "our"). You hereby agree to the following:
Requirements for participation
- You are of legal age and capable of forming a legally binding contract.
- All information you provide to us is accurate. Should it change in the future, you will update us immediately.
- You have a current and valid mortgage licence, are qualified to practice as a mortgage agent, and will follow all applicable laws.
- You will update us immediately regarding any changes to the status of your mortgage licence.
- You maintain any errors & omissions insurance or other coverage required by your regulator or brokerage.
- You acknowledge that you have obtained your brokerage's permission, or any other permission required, to use our services.
- You will not misrepresent your qualifications, services, or credentials on Find Mortgage Agent.
- Your listing is advertising under your regulator's rules, and you are solely responsible for its compliance — including using your authorized/licensed name, displaying your licence number where your regulator requires it, and following any advertising or title-use rules your regulator or brokerage imposes (for example, FSRA's advertising requirements in Ontario, or the AMF's in Quebec).
- You will respond professionally to borrower enquiries you receive through Find Mortgage Agent.
- You acknowledge that borrowers who contact you through Find Mortgage Agent are inbound enquiries delivered to you directly and free of charge — not paid referrals subject to any fee-sharing arrangement. If a borrower who reaches you through Find Mortgage Agent was already your own client, you may simply treat the enquiry as duplicate; nothing further is owed to Find Mortgage Agent either way.
- You are responsible for the mortgage services you provide to your clients, and agree to indemnify, defend, and hold Find Mortgage Agent harmless from any claims, costs, and damages incurred by Find Mortgage Agent arising from claims by your clients regarding the services you have provided.
- You agree to our Terms of Service and Privacy Policy.
How leads work on Find Mortgage Agent
A lead generated through your listing is delivered to you — the relevant agent — directly and free of charge. There is no referral fee, no commission split, and no invoice: Find Mortgage Agent does not charge for leads today, and does not hold any lead back pending payment. We do not blast one borrower's enquiry to multiple competing agents. What you do with a lead once you receive it, including any engagement you enter into with that borrower, is between you and them — Find Mortgage Agent is not a party to it and has no ongoing claim on any resulting business.
We do not guarantee any particular number, quality, or frequency of leads, any placement or ranking in search results beyond what a borrower's own filters and real listing fields produce, or any business outcome from your listing. If a dispute arises between you and a borrower you connected with through Find Mortgage Agent, the "Release" section of our Terms of Service applies to you as it does to borrowers.
Reviews about you
Borrowers with a genuine interaction can review your listing, subject to our Review & Content Policy. If you believe a review is fake, mistaken, defamatory, or breaches that policy, use the dispute process it describes (email support@superkreatives.com with the listing, the review, and the reason). We investigate complaints promptly; we do not remove a review merely because it is negative, and we never offer to remove or suppress reviews for payment.
Dispute resolution — arbitration (agents only)
This section applies to you in your commercial capacity as a listed agent. It never applies to borrowers or other consumers.
Talk to us first
Before starting arbitration or any court proceeding, you must give us written notice of the dispute at support@superkreatives.com, describing the issue and what you are seeking, and a reasonable opportunity — not less than 30 days — to resolve it informally. We commit to the same before starting a proceeding against you.
Binding arbitration
Any dispute between you and us arising out of or relating to this Agreement, your listing, or your participation in the directory that is not resolved informally will be finally resolved by binding arbitration administered by the ADR Institute of Canada ("ADRIC") under its arbitration rules, before a single arbitrator who is a lawyer with at least 10 years' experience or a retired judge. The arbitration is governed by Ontario's Arbitration Act, 1991; the seat is Toronto, Ontario, and hearings may be held by videoconference. The arbitrator applies the limitation periods a court would apply and may award any relief available in an individual court action. Each party bears its own legal costs and an equal share of the arbitrator's fees unless the arbitrator orders otherwise or applicable law requires otherwise.
Carve-outs
Either party may (i) seek an injunction or other urgent provisional remedy from a court, (ii) bring an individual claim within the monetary limit of small claims court, or (iii) go to court where a dispute concerns the validity of this arbitration clause itself. This arbitration agreement survives the termination of this Agreement.
Terms
- You can choose to stop participating in Find Mortgage Agent at any time with written notice. We can also terminate this Agreement and your participation at any time and without notice — for example, where your listing cannot be verified or breaches this policy or our Terms of Service.
- Termination of your participation does not affect any leads you have already received from us.
- This Agreement does not establish any relationship of partnership, joint venture, employment, franchise, or agency between you and Find Mortgage Agent.
- If you are found in violation of this Agreement, your participation may be terminated and you will be legally responsible for breach of the terms outlined here.
- This Agreement may be assigned by Find Mortgage Agent without your consent, and all rights and obligations of Find Mortgage Agent shall, from the date of assignment, belong to Find Mortgage Agent's assignee. Assignment does not relieve you of any of your rights or obligations under this Agreement. You may not assign this Agreement without Find Mortgage Agent's express written consent.
- We reserve all rights in and to Find Mortgage Agent and all related intellectual property not expressly granted under this Agreement. "FIND MORTGAGE AGENT" and all associated logos displayed within our service are our trademarks (unless otherwise noted).
- Find Mortgage Agent (including the underlying software), this Agreement, and any other proprietary or confidential information we provide you is Confidential Information. You agree not to disclose our Confidential Information and to use it only as provided in this Agreement.
- The laws of the Province of Ontario and the federal laws of Canada applicable there, excluding conflict-of-laws rules, govern this Agreement. Subject to the arbitration section above, any court proceeding arising out of or related to this Agreement (for example, under one of the carve-outs) will be brought in the courts located in Toronto, Ontario, and the parties agree and submit to the personal and exclusive jurisdiction and venue of those courts.
- Except as expressly stated above, Find Mortgage Agent's services are provided "AS IS" and "as available", without warranty of any kind, and we hereby disclaim all other warranties and conditions, express, implied, or statutory.
- The "Disclaimer of warranties and limitation of liability" section (including the CAD $100 / 12-month fees-paid cap) and the "General provisions" section (entire agreement, severability, no waiver, force majeure, assignment) of our Terms of Service apply to you in the same way they apply to every other user of Find Mortgage Agent, in addition to this Agreement.
This policy is accurate to how Find Mortgage Agent currently operates. It has not yet been reviewed by a lawyer, and should be reviewed by Canadian counsel before public launch, alongside /terms and /privacy.