Our affiliate wants to promote our bank’s mortgage products on their website. Their website would include solely a link to the bank’s mortgage page. Is this a referral and would it require an affiliated business arrangement to be provided? If it was considered a referral, I wasn't sure how feasible it would be to actually provide the affiliated business arrangement.

The affiliate has also been entertaining including a link for prospective borrowers to click and submit information (phone, email, etc.) to setup a consultation with our bank to discuss a mortgage. My understanding is that the affiliate would funnel this information over to the bank so that an MLO at the bank would contact them regarding a mortgage. I am thinking this a referral that would require the affiliated business arrangement to be provided.

A link will usually have some sort of advertising surrounding it, something to lead the consumer to click on the link. So it is probably a referral. Alternatively, the affiliate may be verbally telling the consumers to go to the link and provide the information to apply. This would also likely be a referral. As such, I would say the disclosure and the other requirements of 1024.15 are in play for you.

How would you be able to comply with this in reality if potential mortgage applicants are just browsing on the affiliate's website and not speaking to the affiliate in any manner? Would you just add a link to the Affiliated Business Arrangement Disclosure on the site?

Put the disclosure in a speedbump in the link?