CHANNEL PARTNER AGREEMENT WITH A BUILDER

How a builder appoints a registered real estate agent to market and refer buyers for one project

Executed at __________ on __________.

Parties

1. The Builder — __________, whose registered office is at __________, acting through __________ ("the Builder").

2. The Channel Partner — __________, of __________, mobile __________, real estate agent registration number __________ ("the Channel Partner").

Background

B. The Builder wishes the Channel Partner to market the Project and to bring prospective buyers, and the Channel Partner agrees, on the terms below.

1. Appointment

1.2 The Builder may appoint other channel partners and may sell directly. A sale the Channel Partner did not introduce earns it no commission.

2. Registration and compliance

2.1 The Channel Partner states that its registration as a real estate agent is valid, and will keep it valid for the whole term. It will tell the Builder at once if the registration lapses or is refused, suspended or revoked, and until it is restored the Channel Partner will do nothing under this agreement.

2.2 The Builder states that the Project is registered and will keep the registration valid, and will give the Channel Partner the approved brochures, price lists and project information.

2.3 The Channel Partner will describe the Project only as the approved material and the registered particulars describe it, will make no promise about price, possession, returns or amenities that the Builder has not approved in writing, and will use no unfair trade practice.

2.4 The Channel Partner will not take any money for the Project in its own name or on the Builder's behalf. A buyer pays the Builder directly, into the account the Builder names, and the Channel Partner will say so to every buyer.

3. Registering a lead

3.1 The Channel Partner registers a prospective buyer by sending the Builder the buyer's name and contact details in writing, with the buyer's knowledge and agreement that the details may be shared.

3.3 A buyer already known to the Builder, or already registered by another channel partner, is not a lead of this Channel Partner. The Builder will say so when it answers.

4. Commission

4.4 The Builder will deduct tax at source where the law requires and give the Channel Partner the certificate.

4.5 If a booking is cancelled, or a sale is cancelled and the buyer's money returned, the commission on the amount returned is not payable, and any commission already paid on it will be set off against the Channel Partner's later commission or returned within thirty days of a written demand.

5. Term and ending

5.3 Ending this agreement does not take away commission already earned on a sale to a buyer registered before the end and who signs within the lead period.

6. Confidence and conduct

6.1 The Channel Partner will keep the Builder's price lists, buyer details and business information confidential and will use them only for this Project.

6.2 Neither party will speak ill of the other to buyers.

7. General

7.1 The Channel Partner is an independent agent and not the Builder's employee, partner or authorised representative for any purpose, and cannot sign for the Builder or bind it.

7.3 A notice under this agreement is given in writing, by hand, registered post or email, to the address given above.

7.4 This agreement is the whole agreement about the Project between the parties and may be changed only in writing signed by both.

Personal data

The names, addresses, telephone numbers and email addresses in this document are collected only for the purpose of this document and the transaction it records. Each party keeps a copy. It will not be used for marketing or shown to anyone except the parties, their advisers and any authority or court that requires it. A party may ask the other to correct it or, once the purpose has ended, to erase it, as the Digital Personal Data Protection Act, 2023 allows. No Aadhaar number, PAN or bank-account number is collected here.

Signatures

The Builder
Signature: _________________________
Name: __________

The Channel Partner
Signature: _________________________
Name: __________

Witnesses

Witness 1
Signature: _________________________
Name: _________________________
Address: _________________________

Witness 2
Signature: _________________________
Name: _________________________
Address: _________________________