This Marketing Services Agreement ("Agreement") is made and entered into by and between:
Company: TOMM Luxury Real Estate LLC, a company organized and existing under the laws of the Emirate of Dubai, United Arab Emirates, with its principal place of business at Al Zahraa Techno Centre 101, Al Raffa, Dubai, UAE ("Company" or "Agent.Sellit"); and
Marketing Partner: [Your information will appear here] , an independent marketing services provider with email [your email] and phone number [your phone], located at [your address] ("Partner").
The Company and Partner may be referred to individually as a "Party" and collectively as the "Parties."
1.1 The Partner agrees to provide marketing introduction services ("Services") consisting solely of referring potential real estate buyers/sellers to the Company. Referrals will be submitted via a secure referral link or direct submission, which will include basic information such as name, contact details, budget, and preferences.
1.2 The Partner shall not engage in any real estate activities, including but not limited to property viewings, negotiations, contract preparation, or advertising. These activities are exclusively reserved for the Company's RERA-licensed agents (RERA ORN: 38304).
1.3 All referrals must comply with RERA regulations (Dubai Law No. 26 of 2007) and UAE Federal Law No. 5 of 1985 (Civil Transactions Law). The Partner acknowledges they are not a RERA-licensed agent and acts only as a non-exclusive marketing introducer.
1.4 Services will be performed remotely, with no minimum hours required.
2.1 In consideration of the Services, the Company shall compensate the Partner as follows:
2.2 Example:
AED 6M apartment (4% commission = AED 240,000 total) → Partner: AED 192,000 (80%).
2.3 Payment Terms: Referral fees are paid within 7 days of Company receipt, via bank transfer.
2.4 The Partner is responsible for their own taxes (including UAE Corporate Tax at 9% if applicable) and VAT reporting. Payments are subject to UAE withholding tax if the Partner is a non-resident.
3.1 This Agreement commences on the Effective Date and continues for an initial term of 12 months ("Initial Term"). It will automatically renew for successive 12-month periods unless terminated by either Party with 30 days' written notice.
3.2 Early termination by either Party requires 30 days' notice. The Company may terminate immediately for material breach, such as non-compliance with RERA regulations.
4.1 The Partner is an independent contractor, not an employee, agent, or joint venture partner of the Company. The Partner shall not represent themselves as an employee or agent of the Company.
4.2 The Partner is solely responsible for their own taxes, insurance, and benefits as per UAE Labour Law (Federal Law No. 33 of 2021). No Company equipment or supervision is provided.
5.1 The Partner agrees to keep confidential all proprietary and non-public information received from the Company, including but not limited to buyer leads, project details, commission structures, and any other business or financial data. This confidentiality obligation continues for two (2) years after the termination of this Agreement.
5.2 The Partner must comply with the UAE Personal Data Protection Law (Federal Decree-Law No. 45 of 2021). Any breach of this confidentiality clause may result in immediate termination and potential legal action for damages.
6.1 Any introductions or referrals made under this Agreement are owned exclusively by the Company. The Partner assigns all rights to such leads and waives any moral rights. No intellectual property is created beyond basic referral data.
7.1 After signing this Agreement, the Partner is required to upload the following documents through the secure Partner Dashboard to complete the onboarding process:
7.2 The Partner will receive an email with instructions and a link to access their personalized dashboard. Documents should be uploaded securely and will be used solely for verification and payment purposes. All documents will be stored in compliance with data protection laws and only accessible by authorized Company personnel.
8.1 Upon termination of this Agreement:
9.1 The Partner agrees to indemnify and hold the Company harmless from any claims, losses, or liabilities arising out of the Partner's breach of this Agreement, including but not limited to violations of RERA regulations, unauthorized representations, or inaccurate referrals.
9.2 This indemnity covers direct damages only, and excludes consequential or incidental damages.
10.1 This Agreement shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the United Arab Emirates.
10.2 Any disputes arising from or related to this Agreement will be resolved exclusively through arbitration under the Dubai International Arbitration Centre (DIAC) rules in Dubai, with English as the language of proceedings. The prevailing party is entitled to recover reasonable attorneys' fees.
11.1 This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements or discussions related to the subject matter. Amendments to this Agreement must be made in writing and signed by both Parties.
11.2 If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect. This Agreement may be executed electronically.
IN WITNESS WHEREOF, the Parties have executed this Marketing Services Agreement as of the Effective Date.