Business Advance Contract

BUSINESS ADVANCE CONTRACT

This Business Advance Contract (the Agreement) is entered into as of (Effective Date), by and between:

Parties

Recitals

WHEREAS, Lender is in the business of providing short-term business advances to qualifying commercial entities; and

WHEREAS, Borrower desires to obtain an advance from Lender to fund business operations or working capital under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties desire to set forth their understanding regarding the amount, repayment, fees, and related terms in a binding written agreement.

Scope of Use of Advance

Payment Terms

Principal Advance Amount: $

Advance Fee (non-interest cost to be collected by Lender): of the principal, payable as specified below.

First Payment Due Date:   Frequency:

Late Payment Charge: If any payment is not received within days after its due date, Borrower shall pay a late fee of of the overdue amount or the maximum permitted by law, whichever is less.

Term and Termination

Term Commencement Date:   Term Expiration Date:

Either party may terminate this Agreement upon days' prior written notice to the other party; however, termination shall not relieve Borrower of its obligation to repay outstanding principal, fees or other amounts accrued prior to termination, except as otherwise agreed in writing by the parties.

Confidentiality

For the purposes of this Agreement, "Confidential Information" means all non-public business, financial, product, technical and marketing information disclosed by either party to the other, whether disclosed orally, in writing or by inspection. The receiving party shall: (a) use Confidential Information solely for performance of its obligations under this Agreement; (b) restrict disclosure to employees, agents or contractors who have a need to know and are bound by confidentiality obligations no less protective than those herein; and (c) take commercially reasonable measures to protect Confidential Information from unauthorized disclosure. Information that is publicly available, independently developed, or rightfully received from a third party without restriction shall not be treated as Confidential Information.

By checking this box, the signing party acknowledges and agrees to be bound by the Confidentiality provisions above.

Representations and Warranties

Each party represents and warrants that: (a) it is duly organized and in good standing under the laws of its jurisdiction of formation and has full authority to enter into this Agreement; (b) execution and performance of this Agreement do not violate its organizational documents or any agreement or law applicable to it; and (c) no consent of any third party is required for its performance hereunder except as disclosed in writing prior to the Effective Date.

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles. Venue for any dispute arising under this Agreement shall be the state or federal courts located in the county designated by the parties in the governing state.

Miscellaneous

Assignment: Borrower may not assign or delegate any rights or obligations under this Agreement without the prior written consent of Lender. Lender may assign its rights and obligations to any successor or affiliate without Borrower's consent, provided that such assignment does not materially increase Borrower's obligations.

Amendment and Waiver: Any amendment or waiver of this Agreement must be in writing and signed by both parties. No delay or failure to exercise any right shall constitute a waiver of that right.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, understandings and communications between the parties regarding the advance. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Notices

All notices required or permitted under this Agreement must be in writing and delivered to the addresses set forth above or such other address as a party designates by written notice. Notices are effective upon personal delivery, confirmed overnight delivery, or three business days after deposit in the U.S. mail, postage prepaid.

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