Application Agreement

The Business, Merchant, Owner(s) and/or Officer(s) identified above (each, individually, an “Applicant”) each represents, warrants, acknowledges and agrees that all information and documents, including this application (“Application Materials”), provided to QFS Capital, LLC (“QFS”) or Recipients in connection with this Possible Transaction, including bank and credit card processor statements, are accurate, true, and complete, that Recipients may rely upon the accuracy and completeness of such information and documents, and that Applicant is authorized to sign this application agreement. Applicant will immediately notify QFS of any change in Applicant information or financial condition. Applicant authorizes QFS and QFS’s agents, employees, independent contractors, funding sources and other representatives (“Representatives”) to disclose to other persons, entities and funding sources (each, an “Assignee”) all Applicant information and documents that QFS, Representatives, and Assignee (collectively, “Recipient”) may obtain, including, Applicant’s express authorization of Recipient to request, receive and use any credit reports, investigative reports, statements from creditors or financial institutions, verification of information, or any other information that a Recipient deems necessary and each Recipient is further authorized to use such information and documents, and share such information and documents with other Recipients in connection with the placement of commercial loans, including, without limitation, loans having daily repayment features, purchases of future receivables and/or Merchant Cash Advance transactions or other commercial loans (collectively, a “Possible Transaction”). To facilitate a Possible Transaction, Applicant acknowledges that QFS might not serve as the actual source of funds and expressly authorizes that QFS may provide the Application Materials to non-affiliated third-parties under an Independent Sales Organization Agreement or other similar arrangement and receive a fee upon the placement of a Possible Transaction between the Applicant and the respective third-party. Applicant unconditionally waives and releases all claims against Recipients in connection with a Possible Transaction, arising from any act or omission, except in the case of gross or willfully negligent conduct, including, but not limited to, relating to the requesting, receiving or release of an Applicant’s information and documents in connection with a Possible Transaction. This agreement shall be governed by the Laws of New York, without giving effect to conflicts of law principals, and a copy of this agreement may be accepted as an original. The Applicant understands that QFS is making no commitment or guarantee that any product, evaluation, or guidance provided by QFS will result in an approval for credit from QFS or a third-party. Applicants must meet QFS’s minimum credit criteria to be eligible for any product, subject to other underwriting terms and conditions, and QFS does not make consumer loans.

By submitting this application the Applicant further consents to receiving telemarketing calls and messages, including calls using an automatic telephone dialing system, from QFS and those acting on its behalf at the telephone number you have provided above (including your cellular phone number); agree that this consent applies even if the number you have provided is currently on any state, federal, or corporate Do-Not-Call registry; and understand that you are not required to provide this consent as a condition of receiving any credit or services from QFS and that you may apply for business credit by contacting us directly; and (ii) acknowledge and accept the Terms of Use and Privacy Policy and understand that you may opt out of receiving communications of your choice as provided in the Privacy Policy.

One of the products offered through QFS is the purchasing of a specified amount of a business’s future credit card and other receivables at a discount. These purchase transactions are typically referred to as “Merchant Cash Advances.” Such transactions are not loans or extensions of credit, but rather “true sales” of a merchant’s unborn receivables regarding which the purchaser bears the risk of loss. Merchant Cash Advance transaction have no set term, maturity date, or fixed or minimum payment amounts.

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. Therefore, when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.