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WHEREAS:
a) Property Search BD is engaged in the business of real estate brokerage, property marketing, leasing, renting, consultancy, investment advisory, valuation assistance, property management, and related services.
b) The Agent possesses knowledge, experience, contacts, marketing capabilities, and professional skills necessary to identify business opportunities and facilitate property transactions.
c) The Parties desire to establish a mutually beneficial business relationship whereby the Agent shall act as an Independent Sales Associate on a commission-sharing basis.
2.1 Company: "Company" means Property Search BD, including its owners, directors, officers, employees, representatives, successors, and permitted assigns.
2.2 Agent: "Agent" means the registered Independent Sales Associate whose details are specified in the preamble of this Agreement.
2.3 Client: Any individual, company, developer, investor, government organization, NGO, bank, financial institution, or any other entity that purchases, sells, leases, rents, or seeks consultancy services through Property Search BD.
2.4 Property: Includes but is not limited to Residential Apartments, Land, Plots, Commercial Spaces, Offices, Warehouses, Buildings, Factories, Shops, Industrial Properties, Agricultural Land, Resorts, Hotels, and any other real estate asset.
2.5 Project: Any business opportunity, transaction, assignment, listing, consultancy, valuation, lease, sale, purchase, rental, or marketing assignment officially accepted by Property Search BD.
2.6 Confidential Information: Any information relating to Clients, Leads, Property Listings, Commission Structures, CRM Database, Pricing, Contracts, Internal Documents, Marketing Strategies, Financial Information, Trade Secrets, Digital Assets, Operational Procedures, Business Plans, and Software.
3.1 The Company hereby appoints the Agent as an Independent Sales Associate for Property Search BD.
3.2 The Agent accepts the appointment subject to the terms and conditions of this Agreement.
3.3 This appointment is strictly non-exclusive.
3.4 Nothing contained herein shall create any partnership, joint venture, employment, agency by implication, franchise, or ownership interest between the Parties.
3.5 The Agent shall represent Property Search BD only within the authority granted by this Agreement.
4.1 This Agreement shall commence upon execution and registration.
4.2 Unless terminated in accordance with this Agreement, it shall continue indefinitely.
4.3 The Company may review the Agent's performance periodically.
5.1 The Parties expressly acknowledge that the Agent is an Independent Contractor and not an employee of the Company.
5.2 The Agent shall not be entitled to Salary, Provident Fund, Gratuity, Festival Bonus, Annual Bonus, Leave Encashment, Medical Benefits, Insurance, Overtime, Pension, or statutory employment benefits.
5.3 The Agent shall be solely responsible for his/her own Income Tax, Personal Insurance, Professional Licenses, and Personal Expenses.
5.4 Nothing in this Agreement shall be construed as creating an employer-employee relationship.
The Agent shall actively promote the business interests of Property Search BD, including: sourcing new property listings; generating buyer and seller leads; identifying landlords and tenants; building relationships with developers; meeting property owners; arranging client meetings; conducting inspections; assisting in negotiations and closing transactions; coordinating documentation; and adhering to approved marketing channels.
7.1 Represent Property Search BD professionally, ethically, and with due diligence.
7.2 Maintain accurate records of all clients, meetings, site visits, and follow-ups in the Company's approved CRM system.
7.3 Maintain strict confidentiality of all Company data and property information.
7.4 NO CASH COLLECTION: Unless expressly authorized in writing, the Agent shall not collect booking money, token advances, deposits, or commissions. All client payments shall be made directly to Property Search BD through designated bank accounts or approved payment gateways.
7.5 The Agent shall not enter into contracts on behalf of the Company, borrow money, offer unauthorized discounts, or sign agreements.
8.1 Commission-Based Engagement: The Agent acknowledges that this engagement is entirely commission-based. The Agent shall not be entitled to any fixed salary, retainer, allowance, or guaranteed income unless otherwise agreed in writing.
8.2 Right to Commission: Commission becomes payable only after the transaction is legally completed, the Company has received its commission in full, all agreements have been executed, and the Company Finance Department has verified the settlement.
The commission sharing ratio, percentage, and transaction-specific incentives applicable to the Agent shall be determined and agreed upon mutually between the Company Management and the Agent. All approved commission rates and earned payouts shall be officially displayed, tracked, and updated directly on the Agent's individual Broker Portal dashboard. Any special project incentives or exceptional project sharing ratios must be mutually approved by Company Management before deal settlement.
10.1 Company-approved project costs (such as verified advertising, promotional materials, photography, documentation, and government statutory charges) directly incurred in completing a transaction may be accounted for prior to net distribution.
10.2 Settlement of approved commissions shall be processed promptly following financial reconciliation and verification of received client funds.
11.1 All clients, leads, referrals, property owners, buyers, sellers, landlords, and business opportunities introduced to or generated through Property Search BD shall remain the exclusive business property of Property Search BD.
11.2 The CRM database, listings, images, transaction history, and client contacts belong entirely to the Company.
During the term of this Agreement and for twenty-four (24) months following its termination, the Agent shall not, directly or indirectly: circumvent Property Search BD in any transaction; deal privately with Company clients; complete transactions outside the Company; divert clients or listings; or assist any third party in bypassing the Company.
13.1 The Agent agrees to hold in strict confidence all proprietary listings, pricing policies, contracts, client databases, and commercial secrets.
13.2 Confidentiality obligations shall continue for five (5) years following termination.
13.3 The Agent shall maintain secure system credentials, use CRM systems responsibly, and never copy, export, or store Company data on unauthorized personal devices.
The Agent shall comply with all applicable laws of Bangladesh, including The Contract Act 1872, The Income Tax Act 2023, Anti-Bribery, and Anti-Money Laundering regulations. Offering or accepting unlawful kickbacks or misrepresenting property titles is strictly prohibited.
15.1 Either Party may terminate this Agreement by giving thirty (30) days' written notice.
15.2 The Company may terminate this Agreement immediately without prior notice for fraud, dishonesty, misappropriation of funds, breach of confidentiality, or circumvention.
15.3 Upon termination, all CRM access shall cease, and all Company property shall be returned immediately.
Any dispute arising out of or relating to this Agreement shall be settled amicably, failing which it shall be referred to arbitration in Dhaka, Bangladesh in accordance with the Arbitration Act, 2001. This Agreement shall be governed by and construed under the laws of the People's Republic of Bangladesh.