Appointment letter for channel partner

Designation : STAMP

Date :

Place :

To,

M/s

Dear Sir/ Madam,

Reg: Standard terms & conditions for appointment as a ‘Channel Partner’ for the Dudhwala group.

We welcome your initiative of referring our projects to your clients and trust that your clients must
have found the projects an ideal place for their requirements.

We take pleasure in appointing you as our ‘channel partner’ on non exclusive basis for the period
/ / to / / as per the following terms and conditions for
<Insert project name> project.

1. You shall not act or hold out as our agent but shall only procure and solicit business in our
name and the business so solicited or procured by you shall be subject to ratification and
approval by us.

2. You shall procure booking of Villas/ Apartments/ Houses/ Shops/ Offices and any other
property developed and promoted by us (hereinafter referred to as ‘The Properties’) at such
price and on such terms and conditions as may be communicated to you by us from time to
time in writing. It is mandatory for you to understand the written/printed terms and
conditions of the booking form completely and explain to the customers/clients extensively
before accepting the booking. We shall not entertain any requests for interest waivers or
default consideration under any circumstances and incomplete application forms shall not
be accepted.

3. You will not offer any discounts on our sale price in writing or through advertisement at any
point of time.

4. You shall arrange meetings, conferences, exhibition, audiovisual presentations, road shows,
etc. on individual/ group basis at your own cost but with our prior approval.
5. You shall pay and bear expenses on account of travelling, conveyance, communication and
light entertainment.

6. You shall exercise all reasonable care and skills in the performance of your duties and shall
act faithfully for us.

7. Any false statement or commitments made by you, which are beyond our policy and
procedure, could lead to termination of this arrangement and we shall not be vicariously
liable.

8. If and when you have to publish any advertisement or issue any pamphlet or literature
regarding the sale / license of “The Properties” you shall obtain our prior approval to the
text of such advertisement/ pamphlet/ literature. Unless otherwise agreed you alone shall
bear the expenses of such publicity.

9. It shall be your responsibility to ensure that the provisions of the Foreign Exchange
Management Act 1999, insofar as the mode of payment and acquisition of immovable
property by Non-Resident Indians and Foreign nationals of Indian Origin arc concerned arc
complied with.

10. At the time of submission of an application form for booking, it is mandatory that the
booking form should be completely filled. It shall be accompanied with the photocopy of the
PAN card, relevant signatures on each page of the application form, self attested
photographs of the applicant/s along with the proof of address.

11. In consideration of the satisfactory services rendered by you, we agree to pay you a success
fee at 2% of the agreement value in Indian Currency (subject to TDS and taxes, as applicable,
if any) on “The Properties” for which booking is received through you and accepted by us.
We may on our sole discretion give additional incentives, which shall be intimated to you
from time to time.

12. Success fee is not payable on the value of the maintenance charges, deposits and other
charges, stamp duty, registration fees, society outgoings, car parking, property taxes, etc.

13. The success fee is subject to revision at our sole discretion if there is any change in the sale
price and/or the payment terms.

14. You are required to raise a bill for the appropriate amount of the fee, plus service tax,
payable as mentioned above. The bill should clearly indicate the service tax, service tax
registration no. and the classification of the category and also the PAN no. We shall make
the payment of the fee only after the receipt of the bill mentioning all the above said details.
The fee would be released within 45 days after 19.9% of the agreement value is received
from the customer.
15. You shall affix your rubber stamp and signature on all the applications that are booked
through you. Kindly note that you shall be entitled to the success fee only on those bookings
which bear your rubber stamp and signatures; and counter-signed by our authorized
signatory.

16. The success fee shall be paid only if the purchaser gives/mentions the reference of the
channel partner(s) in the application form.

17. At the Launch of a project, we shall have the sole discretion to accept the booking subject to
availability and demand for the project. You shall not claim or raise any dispute, howsoever
with respect to the allotment and we shall remain indemnified in this regard.

18. Any approval/ authorization/ clearance to be obtained by you from us under the terms and
conditions hereof shall be obtained in writing from our Managing Director and/or any other
authorised representative(s).

19. All payments will be received in the name as directed by us through at par cheques/ demand
draft/ pay order only and receipts will be issued by us for the same.

20. This arrangement is effective from / / to / / and can be

terminated by either party by giving one month’s notice in writing to the other.

21. All disputes, differences or questions which may at any time arise between the parties
hereto or any persons claiming under them, touching or arising out of or in respect of this
Agreement and/or any other document(s) that may be executed pursuant thereto by and
between the parties hereto shall be referred to the arbitration in accordance with and
subject to the provisions of the Arbitration and Conciliation Act, 1996, or any statutory
modification or re-enactment thereof for the time being in force. Each party shall be entitled
to appoint/nominate one arbitrator and two arbitrators so appointed/nominated shall
appoint the third presiding arbitrator. The award of the arbitrator shall he final and binding
on the parties to the reference. The arbitration proceedings shall be held in Mumbai only.

22. This agreement shall be subject to jurisdiction of the courts in Mumbai.

23. We shall not be responsible for anything done by you beyond the ‘Terms and Conditions’
mentioned herein.

24. You shall conduct our business in the manner, which is not prejudicial to our interest in any
way and shall always be above board in your dealing with us as also with the
customers/clients. In case of any complaint against your conduct we shall have the right to
terminate this arrangement immediately and take necessary action against you as deemed
fit by us.
25. You are required to comply with the aforesaid terms and conditions of this agreement. Any
breach or violation thereof shall entitle us to cancel the arrangement forthwith but without
prejudice to our right to take any other action as we may deem fit and proper in the matter.
 26. The channel partner is aware that as per the company’s policies, brokerage shall not be
payable for transactions wherein the family members and /or immediate relatives of the
channel partners have applied for/purchased units in the projects of the company and
accordingly the terms of payment of brokerage under this agreement shall not be applicable
to such transactions. In the event it is brought to the notice of the company that brokerage
has been claimed against the aforementioned transactions, the company without prejudice
to the rights and remedies shall be entitled to act-off, recover, withhold, adjust or reclaim
any such payments due or paid to the channel partner. The channel partner agrees not to
raise any objection or make any claims with regards to such adjustments/set-off and the
claims if any, in this regard shall be deemed to have been waived by the channel partner.

Please return the duplicate copy of this letter duly signed as a token of your acceptance.

Thanking you,

The Dudhwala group

Authorised Signatory
I/ We have read the contents of this letter and
accept the terms and conditions of the business
stipulated therein.

Signature & Stamp

(Authorised signatory)
Proof of Authorisation in case the
Channel Partner(s) is a company/
partnership firm/ Trust