A Manhattan appeals court has tossed out Hollywood actor Harvey Keitel's breach-of-contract lawsuit against E*Trade, finding that the online brokerage never entered into a “valid and binding contract” to pay Keitel $1.5 million to star in its commercials.

“The term sheet relied upon by plaintiff states that … 'neither party shall be bound until the parties execute a more formal written agreement,'” wrote an Appellate Division, First Department, panel.

The unanimous panel said the term sheet's clear intent trumped Keitel's arguments and evidence that he said showed a contract was made.