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BUSINESS DEVELOPMENT ASSOCIATE REGISTRATION FORM
Bank A/c No.
Master Business Development Associate Code (if any)
Relationship Manager (if any)
I agree the terms & conditions of registration. To read the BDA agreement
This agreement is made on this __________day of 201_ at Gurgaon
________________ Pvt. Ltd. a company incorporated under the Companies Act, 1956/2013, having its corporate office 1102, Tower A, Signature Towers, Gurgaon -122001 through its Authorized Signatory, Mr. ___________Who has been duly empowered vide board resolution dated ______________to execute this Agreement (hereinafter referred to as "Signature Global" which expression shall unless repugnant to the context or meaning thereof, deem to include its successors, subsidiaries, nominees, executors and assigns) of
Mr./Mrs./Ms. ___________________________, son/daughter/wife of Mr. ______________________resident of_____________________________________
M/s__________________________, a company incorporated under the Companies Act, 1956/2013 having its registered office at _____________________________________ through Mr. _____________________________________its authorized signatory who has been duly empowered vide board resolution dated_________________________________
M/s________________________________________ (HUF/Partnership/Proprietorship) through its Karta/partner/proprietor________________ having its principal place of Business at___________________________ telephone Nos._______________________
(hereinafter referred to as the
Lead Generation Associates
and in short referred as “
” which expression shall, unless repugnant to the context or meaning thereof, deem to include his/her/its/their legal heirs, successors & permitted assigns) of the
_________________ Pvt. Ltd. and LGA/Contactors shall hereinafter be collectively referred to as "
" and individually as "
Signature Global is into the business of development of integrated townships, industrial parks and have various infrastructure projects across India and is in the process of acquiring/ purchasing land for its various upcoming projects.
Signature Global intends to engage “
” for providing lead and other allied services which includes giving complete details of the identity of existence of such lead for its forthcoming Projects at various places.
“LGA” has represented to Signature Global as being experienced, having knowledge of providing lead and allied services. “LGA” having acquainted himself/herself/itself with the requirement of Signature Global, and has approached Signature Global and agreed to undertake all the obligations as detailed hereinafter subject to applicable sound business practices and the terms .
Based on the representations and warranties made by “LGA” with respect to its capability to perform its obligations under this Agreement, Signature Global agreed to appoint it/him/them as “LGA” and they hereby agrees and accepts such appointment, to perform its obligations under the Agreement during the currency of this agreement on the terms and conditions stated hereunder. This appointment is on a non-exclusive basis and Signature Global reserves the right to appoint other “LGA” on the same or different terms and conditions, at the sole discretion of Signature Global, or to generate lead, by itself or through other parties.
NOW THIS AGREEMENT IS WITNESSTH AS FOLLOWS:
In consideration of services to be rendered by party of the other part which services are detailed in this agreement, Signature Global hereby appoints the afore stated other party as “
” from the date of execution of this Agreement to assist Signature Global in providing/generating leads and other allied activities in accordance with the terms and conditions Contained in this Agreement.
TERM AND EXTENSION
The Agreement shall commence from the date of execution of this agreement and shall continue for an initial period of one (1) year (the “
”)”), which term may be extended upon expiry for the further period, by Signature Global at their sole discretion for further such terms or tenure as Signature Global deem fit and proper (
). The Initial Term and Extended Term shall when referred to collectively be called the “
REPRESENTATIONS AND WARRANTIES BY “LGA”:
That he/it/they has/have been in the business of rendering/generating of lead and other allied services to the entity running real estate business for more than last twelve months since the date of his/their/its Service tax Registration and has sufficient experience and expertise in this field.
That it is a/an person/entity as stated above has all requisite permits to run operate the said services and authority under prevailing laws to enter into this Agreement with Signature Global .
That the obligations of the “LGA” under this Agreement are legal, valid, binding and enforceable in accordance with its terms.
That there are no legal proceedings pending, which may have an adverse impact on the ability of “LGA” to perform and fulfill its obligations under this Agreement ;
That the execution and performance of the Agreement by “LGA” does not and will not conflict with or result in a breach of or default under any material indenture, mortgage, instrument, judgment, decree, order or ruling to which “LGA” is a party or by which it or any of its properties is bound or affected .
That the execution and performance of the Agreement by “LGA” does not and will not conflict with or result in a breach of any Applicable Laws.
That “LGA” has represented that he neither himself nor any of his direct relation has any previous association with Signature Global.
“LGA”’s SCOPE OF WORK/OBLIGATIONS
That the Scope of Work of “LGA” under this Agreement shall include performance of all such work, services and obligations by “LGA” as are necessary for the fulfillment of obligations under this Agreement, including but not limited to the responsibilities as detailed in this Agreement.
That he/it/they shall provide leads to the company giving complete details of the identify and proof of existence of such lead for the residential housing project being undertaken by the company.
That “LGA has the role of providing the data to the company of the persons who fall within the parameters laid down by the company and shall assist the company in collecting documents from the list of persons shortlisted/selected by the company.
That company itself shall coordinate with the leads provided and educate them about the project being developed by the company
That he/it/they hereby agrees that providing leads does not result in any binding agreement between the company and the lead for sale of the flats and that the company reserves complete right to reject or not consider any or all of the leads provided by the contractor.
That this contract terminates upon providing the leads to the company for which the contractual payments shall be made to the contractor.
That he/it/they hereby agrees that the selection of the applicant by the draw of lot is the point of initiation of an exclusive contract in the form of builder buyer agreement between the company and the applicant and that the contractor shall not be entitled to any commission or brokerage against advance received from the successful applicant for the sale of such flat.
” shall not act or hold out as the Agent of Signature Global but shall only provide lead and other allied services to Signature Global and the lead and allied services so provided by the “LGA “shall be subject to ratification and approval by Signature Global.
That “LGA” shall provide his/her/its/their Permanent Account Number (PAN), TDS no. and Service Tax No. in writing, at the signing of this agreement along with the documentary proof to Signature Global. In addition, the “LGA” has to submit the self-attested copies (If Applicable)
- in case of a partnership firm, the Partnership Deed and
- in case of a company, Memorandum of Association, Articles of Association and Board Resolution.
That “LGA” shall not issue, state, support any public Statement about Signature Global, its Business, employees etc.
That “LGA” agrees that during the terms of this Agreement he/it and his/its employees including his/its sub-contractors/servants shall not in any way act prejudicial to the interests of Signature Global
That “LGA” shall pay and bear expenses on account of traveling, conveyance, communication etc.
- The “LGA” shall ensure that at no point does he/she /it:
- Misrepresent Signature Global’s Name
- Misrepresent Signature Global’s Logo
- Misrepresent the product literature / Signature Global literature.
That “LGA” shall keep complete accounts of any funds received from Signature Global for any purposes under this Agreement.
That “LGA” shall be responsible for the correctness of all the information supplied to Signature Global and for any claims that may be filed against Signature Global as a result of any wrong or false information given by “LGA” to Signature Global.
“LGA” shall indemnify Signature Global in this regard. Any action of “LGA” beyond the scope of this Agreement shall not be binding on Signature Global.
That any approval / authorization / clearance to be obtained by “LGA” from Signature Global under the terms and conditions hereof shall be obtained in writing.
“LGA” shall comply all its obligations strictly adhering to the Code of conduct stipulated by Signature Global as detailed in Clause VI hereunder.
“LGA” shall indemnify Signature Global against any loss, damages, cost, loss of Business/ profit, occurred to Signature Global due to any default, negligence, non compliance or breach of the terms of this agreement by “LGA”.
Each registered “LGA” is required to provide a minimum average >>>>>lead(s) per month per annum in order to retain their “LGA”
Semi-annual/annual reviews will be conducted to renew or terminate this Agreement by Signature Global.
CODE OF CONDUCT:
That “LGA” shall conduct the business of providing lead and allied services with Signature Global in a manner, which is not prejudicial to the interest of Signature Global in any way .In case of any Complaint against the “LGA” conduct, Signature Global shall have the right to terminate the “LGA” registration/agreement immediately and refund the security deposit (if any) after deducting any dues/loss which Signature Global might have suffered on account of such misconduct or misrepresentation.
Either Party shall be entitled to terminate this Agreement by serving thirty Days prior written notice to the other Party.
Without prejudice to the other preceding clauses, Signature Global may forthwith terminate this agreement or seek refund of the payments made immediately upon the happening of one or more of the following events:
If in the opinion of Signature Global, “LGA” becomes incapable of carrying out the work under this agreement or performing the duties here under or at any time is not capable to render the services and to continue to act as “LGA”.
In the event “LGA” breach or negligent to adhere to the terms of this Agreement or fails to comply with the guidelines and the standards of Signature Global and indulge in any act of fraud or misrepresentations and fails to rectify such act within the stipulated period as prescribed by Signature Global.
In the event “LGA” commits any act which is not in the interest of Signature Global or has adversely affected the Sale transaction and in that event “LGA” shall be liable to pay the penalty equivalent to ____to Signature Global within seven days from the date of termination of this Agreement without prejudice to the other rights of Signature Global.
Effect of Termination:
In the event the agreement is terminated at the Instance of “LGA”, “LGA” shall return all the materials, stationery or any other Material to Signature Global.
Signature Global shall Pay all the Outstanding dues if any after the reconciliation of its accounts within thirty days of termination of the Agreement after deducting all the arrears, losses or Claims.
DISCHARGE OF OBLIGATION OF SIGNATURE GLOBAL
“LGA” hereby agrees that contractual payment to be paid as provided in this Agreement shall be in full discharge of Signature Global ’s obligation under this Agreement and no claim shall lie against Signature Global in respect of any other party joining with “LGA” relating to services herein agreed. “LGA” shall indemnify and keep Signature Global indemnified at all times against all such claims.
“LGA” acknowledges that he/it is acting for the limited and exclusive purpose of the Agreement. This Agreement does not constitute “LGA” as a servant, employee, partner, a joint venture partner or an agent of Signature Global and shall have no authority to bind Signature Global in any respect whatsoever and shall not hold itself/herself/himself out as owned by or LGA with Signature Global other than as an independent lead generator associates, authorized and permitted to provide lead generation and allied services on the terms and conditions herein set forth. None of the employees/ Business LGA of“ LGA” shall be construed or deemed to be the employees/ LGA of “LGA” at any time and “LGA” shall indemnify Signature Global against any such claims by employees/ LGA of “LGA” or any other Person claiming through “LGA”. “LGA” agrees not to do anything whereby any employee or servant of “LGA” can, in law or otherwise, claim, as against Signature Global, relationship of employer and employee or any relationship similar thereto or any monetary or other benefits or claims as against Signature Global.
INTELLECTUAL PROPERTY RIGHTS
“LGA” acknowledges that all Marks are the exclusive property of Signature Global and/or its Affiliates(s) under the applicable Laws. The Agreement shall not in any way give or be deemed to give to “LGA” or its sub-contractors any right, title to or interest, ownership in any of the Marks, including but not limited to any other intellectual property rights of Signature Global.
“LGA” shall immediately bring to Signature Global’s notice any improper or wrongful use in the town of the Marks or Signature Global Material, which it becomes aware of or which are brought to its notice.
“LGA” shall not tamper with, or cover up, or erase any Marks or other trademarks or brand names (including without limitation details of any notices that a trademark, copyright or design is owned by Signature Global or a third party), which Signature Global or its Affiliates has affixed on Signature Global Material.
“LGA” shall not disclose or purport to transfer any confidential information of Signature Global to any third party.
“LGA” agrees to treat all information received from Signature Global regarding its financial affairs, present or future business plans and products, not generally disclosed to the public, which “LGA” may learn in the course or incidental to this Agreement whether or not in writing, or in addition any information designated by Signature Global as confidential (‘Confidential Information’). Without limiting the generality of the foregoing the Confidential Information shall include details of price, area holding, location of land purchases, any financial information, project reports, business plans or its method of operation, access to which may be provided pursuant to this Agreement.
“LGA” shall not disclose to any person, other than those employees of “LGA” who need to have that information in order to carry out their duties on behalf of “LGA”, the whole or any part of the Confidential Information, nor use any part of the Confidential Information for its own purposes, or for the benefit of any third party, except as expressly authorized by this Agreement or otherwise by Signature Global, or pursuant to any requirement of Law, without the prior written consent of Signature Global.
In addition “LGA” shall during the term of this Agreement and thereafter ensure that its employees and “LGA” observe and maintain complete confidentiality with regards to all aspects of the Confidential Information, as if personally bound by the provisions of this clause.
The benefits and obligations of this Agreement shall not be assignable by “LGA” without the written permission of Signature Global.
COMPLIANCE WITH LAWS
“LGA” agrees that it shall comply with all applicable union, state and local laws, ordinances, regulations and codes in performing its obligations hereunder, including the payment of taxes where required. If at any time during the term of this Agreement, Signature Global is informed or information comes to Signature Global attention that “LGA”is or may be in violation of any law, ordinance, regulation or code (or if it is so decreed or adjudged by any court, tribunal or other authority), “LGA” shall immediately take all appropriate steps to remedy such violation and comply with such law, regulation, ordinance or code in all respects.
If the performance by either Party hereto, of any of its obligations hereunder is prevented, restricted or interfered with by reason of fire, or other casualty or accident, labour disputes, strikes and lockouts, war, hostility or terrorist action, acts of public enemy, civil commotion, sabotage, fire, flood, natural calamities, explosion, epidemic, quarantine restriction, any law or regulation of any government, Act of God or any act or condition whatsoever beyond the reasonable control of such Party, then such Party shall be excused from such performance to the extent of such prevention, restriction or interference. Provided that such Party shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.
Any notice or demand required or permitted to be given hereunder shall be given in writing and shall be deemed sufficiently given when delivered personally to the Party to whom it is directed or sent by telecopier or by registered mail at the address set forth hereinabove. Any notice or demand given by personal delivery shall be deemed to have been received on the date of delivery, and any notice or demand sent by telecopier or registered mail shall be deemed to have been received on, in the case of telecopier, the first business day after transmission and, in the case of registered mail, on the third business day after which it is mailed.
The Agreement represents the entire agreement between the Parties, unless modified at the instance of Signature Global in writing. If any part of the Agreement is held invalid, the remaining provisions shall remain unaffected and enforceable, except to the extent Signature Global’s rights or obligations under the Agreement are materially impaired.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
The Agreement is on a principal-to-principal basis. “LGA” is an Independent contractor and is not an agent, partner or employee of Signature Global.
Unless otherwise specifically provided in writing by Signature Global, no Delay or failure to provide Service or to exercise any of its rights shall impair such right or shall be construed as a waiver by Signature Global.
: This agreement shall be governed by Indian Laws and any dispute arising out of or in connection with this Agreement shall be subject to the sole jurisdiction of Delhi Courts.
IN WITNESS WHEREOF, both the Parties have set their respective signatures on this Agreement, the day, month and year first above written.
Signed and delivered by the within named Signature Global___Pvt.Ltd.
Signature _________ Pvt. Limited by its Authorised Signatory
1. Sign. _____________
2. Sign _____________
Signed and delivered by the within named “LGA”
By its Karta / Partners / Proprietor / Directors................