Two recruiting paths · same comp engine
Outside Contractor vs Employee
Both Clear.Life recruiting paths share the comp engine, the two-tier model, and the registration platform. They differ on legal classification, breach mechanics, and (for employees) CFPB MLO Compensation Rule defensibility.
Document & Legal Status
Shared by both paths
- ·Same Clear.Life Platform registration + Sponsor Handle
- ·Same Direct + Indirect Tier compensation model
- ·Same comp engine, contract-grade math (INV-MATH-006: comp level ratchet)
Outside Contractor
1099- ·Standalone Recruiting Agreement (1099)
- ·Self-employment income (1099-NEC)
- ·Independent-contractor relationship — no employment ties
Employee Recruiter
W-2- ·Recruiting Addendum + LO/Manager Compensation Agreement (W-2)
- ·Comp paid as bonus on W-2 (CFPB-defensible per [Employee §48])
- ·At-will employment with Clear Home Loans
Compensation & Payment
Shared by both paths
- ·Two-Tier model: Direct (your direct recruits) + Indirect (everyone deeper, via Δ = level(P) − level(D))
- ·Max100 Rate publishes every 6 months [Both §16, §32]
- ·10 Comp Levels — COMP 10 (10% × Max100) through MAX100 at $900M CQV
- ·Monthly payment, 45 days after the production month [Both §36]
Outside Contractor
1099- ·Paid as Recruiter Fee (commission-style)
- ·Continues after contract ends if no breach declared
- ·Disbursed via 1099 ACH (Routable)
Employee Recruiter
W-2- ·Paid as Bonus through Clear Home Loans payroll
- ·Forfeits any payments not yet due at separation [Employee §48]
- ·Bonus framing matches CFPB MLO Compensation Rule defensibility
Termination & Breach
Shared by both paths
- ·Same breach triggers: Employment by another lender, breach of good faith, disparaging statements [Both §52 / §49]
- ·Same 12-month non-solicitation window after termination
- ·Same TPC two-person-confirm gate before any breach declaration ([Ch.7 §1.2])
- ·Rescission flow with shadow-comp preview — admin can true up partial / full / zero (Bill B3)
Outside Contractor
1099- ·Voluntary terminate: ongoing comp on prior referrals continues to accrue
- ·Breach: ongoing comp halts immediately; clawback may apply [Contractor §39]
- ·Held below-threshold + lapsed balances released on voluntary exit (Bill Q1)
Employee Recruiter
W-2- ·Voluntary separation: payments not yet due forfeit [Employee §48]
- ·Breach: same halt + clawback as contractor [Employee §38]
- ·At-will employment — termination requires no cause
Registration & Platform
Shared by both paths
- ·Same Annual Administrative Fee: $99 BASIC or $299 COMBINED (incl. mailbox) [Both §23(c)]
- ·Same 30-day signing window after registration [Both §28]
- ·Same 12-month registration expiry if inactive [Both §46 / §44]
- ·Same comp-funded renewal mechanic — fee deducts from accrued comp before disbursement (Bill B2)
- ·Same Confidentiality + audit-log retention
Outside Contractor
1099- ·NMLS ID optional
- ·1099-NEC issued annually
Employee Recruiter
W-2- ·NMLS ID required for EMPLOYEE_MLO
- ·W-2 wages reported through CHL payroll system
- ·Manager-tier comp via separate Manager Compensation Agreement
Section citations refer to the canonical contract documents maintained at dna/01-domain-entities-and-data-model.md.
Both agreements include binding confidentiality provisions on document receipt. Consult outside counsel for guidance specific to your situation.