Terms & Conditions

Effective Date:- 15th December,2020



Create your Propforce Account:

By creating a Propforce account, (the “Propforce Account”) , you confirm that you have reviewed, understood, acknowledged and accept the Terms of Use of Propforce, set forth herein and agree to be legally bound by these Terms of Use as far as permitted under the Applicable Laws.




Propforce Terms of Use

Please read these Terms of Use (the “Terms of Use”) carefully, as they represent the terms and conditions subject to which the online affiliate network program (the “Affiliate Program”) is offered by Zameen Media (Private) Limited (the “Company”).

Ⅰ. DEFINITIONS

1.

Unless inconsistent with the context, the following words shall have the meaning assigned below:

1.1

Affiliate means an applicant who has qualified for and has been accepted to the Affiliate Program, as per these Terms of Use. The terms ‘you’ and ‘your’ shall mean and include a reference to the Affiliate.

1.2

Application Form means the online application form for the Affiliate Program.

1.3

Affiliate Program means the Company’s online Affiliate network program on the Website.

1.4

Agreement to Sell means the agreement entered into by and between the Buyer and the Seller, for the sale, transfer and conveyance of a Unit or Property.

1.5

Applicable Laws means any law, by-law, regulation (including any rule, official directive, request or guideline), legislation (including delegated legislation), constitution, decree, judgment, court order/authority of the competent jurisdiction, ordinance, statute, treaty or other legislative measure, of the Competent Authority.

1.6

Buyer means any Client who singly or jointly, purchases one or more Unit or Property.

1.7

Buyer Representation Agreement shall have the meaning assigned to it in Para 23.1(b).

1.8

Client means any person whose Client Information is submitted by an Affiliate in the “client” section in its Propforce Account.

1.9

Client Information means, with respect to any Client, inter alia their name, CNIC, address, contact number, etc.

1.10

Commission means the sum offered or agreed to be paid to an Affiliate for the Sale or Purchase of a given Unit or Property in accordance with the Terms of Use and as per the applicable Schedule(s) of Commission.

1.11

Company means Zameen Media (Private) Limited.

1.12

Competent Authority means any federal, provincial, capital or local government or authority, department, local, regulatory, or statutory authority, which has jurisdiction over any aspect or part of these Terms of Use.

1.13

Confidential Information means, without limitation, the Company’s proprietary information, technical data, trade secrets, or know-how, including, but not limited to, reports, research, product plans, products, services, customer lists, markets, pricing, business, sales & operational strategy, business policies or practices, financial condition, operations, facilities, customers (former, current, or potential), investors, employees, business and contractual relationships, business forecasts, marketing methods and plans, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, Schedule(s) of Commission, Content, Client Information or any other information of Clients, Affiliates, and information related to any Sale or Purchase transaction, or other business information disclosed to the Affiliate by the Company, either directly or indirectly.

1.14

Content means all information, content and images submitted on the Website by the Affiliate in connection with the Affiliate Program including inter alia the Client Information.

1.15

Developer(s) means any person who has undertaken the development of a Real Estate Project including inter alia planning, design, construction and sale thereof.

1.16

Down-Payment shall have the meaning assigned to it in Para 21.2(a).

1.17

Intellectual Property means and includes, inter alia, any inventions, technological innovations, discoveries, designs, formulas, know-how, processes, business methods, patents, trademarks, service marks, copyrights, computer software, ideas, creations, writings, lectures, illustrations, photographs, motion pictures, scientific and mathematical models, improvements to all such property, and all recorded material defining, describing, or illustrating all such property, whether in hard copy or electronic form.

1.18

Lead means a Client who has expressed interest in purchasing or selling a Property or Unit.

1.19

Project Inventory means the repository of Units in any Real Estate Project available for sale on the Website.

1.20

Promotional Material shall have the meaning assigned to it in Para 20.1.

1.21

Propforce Account means the online account of the Affiliate created and managed on the Website.

1.22

Property means any immovable property marked available for sale in the Property Bank. For the avoidance of doubt, Property shall not include any Unit listed in the Project Inventory.

1.23

Property Bank means the repository of Properties available for sale on the Website.

1.24

Real Estate Project means any real estate venture undertaken by a Developer and listed on the Website.

1.25

Related Parties means a Client’s parents, spouse, siblings and/or children.

1.26

Sale or Purchase means the sale or purchase of a Unit or Property as per the procedure set out in Paras 21, 23 and/or 24.

1.27

Schedule of Commission means the terms and conditions applicable with respect to the Commission related to any Sale or Purchase under these Terms of Use.

1.28

Service Charges means the charges paid by the Buyer and/or Seller to the Company with respect to the services rendered by the Company in connection with the Property, including inter alia advertising, marketing, IT and IT-enabled services along with an online marketplace providing related services.

1.29

Seller means any person including the Developer, whose Property or Unit is available for sale on the Website.

1.30

Seller Representation Agreement shall have the meaning assigned to it in Para 24.1(b).

1.31

Terms of Use means these terms of use available on the Website as updated, amended or revised at the Company’s sole discretion.

1.32

Reservation Fee means a portion of the total sale consideration, paid in advance by the Buyer for the purchase of a Unit.

1.33

Unit means any immovable property marked available for sale in the Project Inventory, such as an apartment, shop, office, restaurant, etc.

1.34

Website means www.Propforce.com along with related sites and mobile application of the platform.



Ⅱ. INTRODUCTION

2.

These Terms of Use along with any and all applicable Schedule(s) of Commission, as updated, amended or revised at the Company’s sole discretion, shall be applicable with respect to the Affiliate Program, and the Affiliate agrees to comply with them by using and accessing the Website, and applying to and participating in the Affiliate Program.

3.

The Company reserves the right to update, amend and revise these Terms and Conditions as well as the Schedule(s) of Commission for Project Inventory, from time to time. All such amendments, revisions and updates shall be available on the Website and shall come into full force and effect upon the posting of such changes, and the Affiliate shall be responsible for reviewing these and informing itself of all applicable changes. The Affiliate’s continued use of the Website and participation in the Affiliate Program shall constitute its consent to and acceptance of such amendments, revisions and updates.

4.

The Affiliate will have fourteen (14) days to accept any and all modifications or communicate its disagreement to the Company. If the modifications are not accepted by Affiliate, the Affiliate shall have the right to negotiate the modifications with the Company. In the event that a resolution is not reached with regards to the modifications, the Affiliate may deactivate its Propforce Account and stop using the Website forthwith.

5.

You agree that you are solely responsible to read and review these Terms of Use from time to time.

6.

In these Terms of Use, unless the contrary intention appears:

6.1

a reference to a Para or Annexure is a reference to a Para or Annexure to these Terms of Use;

6.2

a reference to these Terms of Use or Schedule(s) of Commission includes any amendment or replacement of either of them;

6.3

the singular includes the plural and vice versa;

6.4

the word “person” includes a natural person, a firm, a body corporate, an unincorporated association or authority and any reference to “person” shall mean and include, where the context so permits, a reference to such person’s successors, nominees and permitted assigns;

6.5

if a period of time is specified and it is given from a given day or the day of an act or event, it is to be calculated exclusive of that day;

6.6

a reference to a day is to be interpreted as the period of time commencing at midnight and ending twenty-four (24) hours later;

6.7

a reference to a month is a reference to a calendar month;

6.8

a reference to ‘written’ or ‘writing’ means any hand-written, typewritten or printed communication, including e-mail; and

6.9

All notifications from the Company shall be made via the Company’s official email address and/or telephone number.



Ⅲ. APPLYING TO THE AFFILIATE PROGRAM

7.

Anyone may apply to the Affiliate Program by registering as a new user on the Website and submitting a completed Application Form. An application will only be considered if all mandatory fields in the Application Form are completed with true, correct, accurate and current details and provided inter alia that the applicant:

7.1

Is at least 18 years of age;

7.2

Has no criminal record;

7.3

Is not prohibited from enrolling/registering/participating in the Affiliate Program under any Applicable Laws; and

7.4

Has a valid and operational bank account in the name of the applicant.

8.

In addition to Para 7 above, if the applicant is a real estate agency or business operated under a sole proprietorship, company, partnership or any other body corporate, it must inter alia have:

8.1

Active business operations involving sale and purchase of real estate, having such size and business operations as are suitable/adequate for the status of “agency” including a sufficient portfolio of clients and sellable inventory;

8.2

A business which is compliant with all Applicable Laws;

8.3

An exclusive & dedicated office premises, at all times, in its country of operation or registration. The office premises shall be for business/commercial purposes only;

8.4

A business or trade name along with its shop board or any other related branding displayed in the established office or nearby;

8.5

A valid and operational bank account in the name of the business; and

8.6

Business cards with accurate details of the agency or business, corresponding to the information submitted in the Application Form.

9.

If the application is approved by the Company, the applicant’s Propforce Account shall be activated and the applicant shall be notified accordingly.

10.

It shall be the sole responsibility of the Affiliate to inform the Company immediately in writing of any change in the particulars of the Affiliate including but not limited to business name, address, and temporary or permanent closure of its office or business activities.

11.

The decision with respect to the applicant’s application shall be final, and at the sole and absolute discretion of the Company.



Ⅳ. EARNING THROUGH THE AFFILIATE PROGRAM

12.

ELIGIBILITY CRITERIA FOR COMMISSION

12.1

An Affiliate will be eligible for Commission with respect to the Sale of a Unit in the Project Inventory to its Client, upon fulfilment of the conditions set out in Para 21.

12.2

In addition to Para 12.1 above, an Affiliate registered as an agency will be eligible for Commission with respect to the Sale and/or Purchase by its Client of a Property in the Property Bank upon fulfilment of the conditions set out in Paras 23 and/or 24 respectively.

12.3

Commission will be payable in accordance with the applicable Schedule of Commission subject to the Terms of Use and verification hereunder of the Buyer, the Affiliate and the requisite Sale or Purchase transaction.

12.4

The Commission shall be inclusive of the applicable sales tax, however, all other applicable taxes including inter alia applicable provincial taxes, shall be deducted and calculated in the name of, and as per the active or inactive tax status of registered Affiliate.

12.5

The Affiliate acknowledges and understands that tax rates are subject to revision as per relevant federal and/or provincial government policies.

13.

SCHEDULE OF COMMISSION FOR PROJECT INVENTORY

13.1

The applicable Schedule of Commission for Project Inventory available on the Website, as amended from time to time by the Company at its sole discretion, will specify the Commission that may be earned on the Sale of a Unit.

13.2

Subject to the provisions of these Terms of Use, Commission will be paid to the Affiliate through cross cheque or vide bank transfer to the designated bank account of the Affiliate, within forty-five (45) days of receipt in clear funds of the full and complete Down-Payment from the Buyer or the Company’s Service Charges from the Developer, whichever is later.

13.3

The Schedule of Commission for Project Inventory applicable at the time of receipt of Reservation Fee by the Company shall determine terms and conditions of the Commission payable with respect to such sale.

14.

SCHEDULE OF COMMISSION FOR PROPERTY BANK

14.1

The Schedule of Commission applicable with respect to the Sale or Purchase of a Property will be agreed in writing with the Affiliate prior to the Sale or Purchase transaction.

14.2

Subject to the provisions of these Terms of Use, Commission will be paid to the Affiliate through cross cheque or vide bank transfer to the designated bank account of the Affiliate, within seven (7) days of receipt in clear funds of the full and complete Service Charges.



Ⅴ. CLIENT TAGGING

15.

The Affiliate must manage its Client portfolio through the Propforce Account and record the information of its Clients by submitting the prescribed form on the Website

16.

A Client shall be added to an Affiliate’s Propforce Account on a first-come-first-served basis, provided that the Client or its Related Parties do not already exist in the Company’s database.

17.

Only verified Client information will be added to the Propforce Account and tagged with the Affiliate, whereafter the Affiliate may generate leads and conclude Sale or Purchase transactions in relation to such Client. All information will be verified by the Company at its sole discretion. A Client will remain tagged with the Affiliate as long as a Sale or Purchase is concluded by the Affiliate with respect to such Client within the first six (6) months. After the first six (6) months, a Client will remain tagged with the Affiliate as long as a Sale or Purchase is concluded by the Affiliate with respect to such Client once each year.

18.

In the event that a Sale or Purchase is not concluded as per Para 17 above, the relevant Client shall be untagged from the Affiliate’s Propforce Account.



Ⅵ. MARKETING AND SALE OF PROJECT INVENTORY

19.

An Affiliate may market and sell the Project Inventory strictly in accordance with the manner prescribed by the Company in the Terms of Use or otherwise

20.

MARKETING OF PROJECT INVENTORY

20.1

The Affiliate shall exclusively use such advertisements and/or graphic, textual material for the promotion of the Project Inventory (the “Promotional Material”) as may be provided by the Company, without any modification, alteration or change whatsoever.

20.2

The Promotional Material may only be published by the Affiliate in the following manner:

a.

The Promotional Material shall be used strictly for the purpose of marketing and selling the Project Inventory;

b.

Each publication shall include the words “Authorised Affiliate of Zameen.com”;

c.

Each publication shall clearly state that the Real Estate Project is “exclusively marketed by Zameen.com”; and

d.

The Affiliate shall not market any Real Estate Project prior to the Company making the Real Estate Project available for sale on the Website;

21.

SALE OF PROJECT INVENTORY
In order for a Unit to be deemed sold for the purposes of the Terms of Use, the Affiliate must reserve the Unit, collect and deposit the Reservation Fee and Down-Payment, and ensure signing of the Agreement to Sell by the Buyer.

21.1

Reservation of a Unit and Reservation Fee

a.

Before a Unit can be sold, the Affiliate must reserve such Unit in favour of a Client through the Website. The number of Units that can be selected for reservation by an Affiliate in connection with a single Client and the length of time for such reservation shall be specified by the Company in its sole discretion from time to time.

b.

A selected Unit may be reserved by an Affiliate through collection and deposit of the Reservation Fee in the manner set out below. The Affiliate acknowledges that failure to do so will result in the reservation being cancelled without prior notice to the Affiliate:
. The Affiliate must collect the Reservation Fee from the Buyer through bank instrument or bank transfer in favour of the Developer’s designated bank account, and submit proof of collection to the Company within the time stipulated and in the manner prescribed by the Company.
. Within three (3) days of the Reservation Fee being collected, the Affiliate must deposit the Reservation Fee in the designated bank account of the Developer, and immediately submit the original bank deposit slip to the Company.
. The Affiliate shall obtain from the Company, a receipt issued by the Developer acknowledging deposit of the Reservation Fee.

21.2

Payment of Down-Payment and Agreement to Sell

a.

Once a Unit is reserved and the Reservation Fee has been deposited, the Affiliate must collect down-payment from the Buyer, through bank instrument or bank transfer in favour of the Developer’s designated bank account, in the manner set out below (the “Down-Payment”). The Affiliate acknowledges that failure to do so will result in the reservation being cancelled without prior notice to the Affiliate and the Reservation Fee will be refunded to the Buyer, as per the relevant terms and conditions of the Developer with respect to payment of the Reservation Fee:
. Down-Payment must be deposited within the time stipulated by the Developer.
. The relevant deposit slip must be provided to the Company within the time stipulated by the Developer and the Affiliate must obtain the Developer’s receipt acknowledging deposit thereof.

b.

Simultaneous to or immediately after deposit of Down-Payment, the Affiliate shall ensure that the Agreement to Sell is duly executed by the Buyer, and shall submit a copy of the Agreement to Sell with the Company.

21.3

An Affiliate is strictly prohibited from contacting the Developer in any manner whatsoever, including inter alia for the purpose of depositing payments or obtaining receipts.



Ⅶ. PROPERTY BANK

22.

If the Affiliate is registered as a real estate agency, in addition to marketing and selling the Project Inventory, the Affiliate agency may also be granted non-exclusive and revocable access to the Property Bank for the purpose of Sale or Purchase of a Property by its Client.

23.

PURCHASE OF A PROPERTY BY A CLIENT

23.1

A Property can be purchased by an Affiliate’s Client if inter alia:

a.

Client Information is duly and validly entered into and tagged in the Website through the Affiliate’s Propforce Account;

b.

The Client executes a formal buyer representation agreement with the Company (the “Buyer Representation Agreement”);

c.

The Affiliate has signed and accepted the applicable Schedule of Commission;

d.

All payments to the Seller with the respect to the purchase of the Property are made by the Client in accordance with the terms and conditions of the Buyer Representation Agreement;

e.

All agreements and documents with respect to the purchase of the Property are completed and/or executed by the Client in accordance with the Buyer Representation Agreement; and

f.

All payments to the Company due under the Buyer Representation Agreement are made by the Client in accordance with the terms and conditions thereof.

24.

SALE OF A PROPERTY BY A CLIENT

24.1

A Property can be sold by an Affiliate’s Client if inter alia:

a.

Client Information is duly and validly entered into and tagged in the Website through the Affiliate’s Propforce Account;

b.

The Client executes a formal buyer representation agreement with the Company (the “Seller Representation Agreement”);

c.

the Affiliate has signed and accepted the applicable Schedule of Commission.

d.

Copies of all relevant title or ownership documents of the Client with respect to the relevant Property are deposited with the Company in accordance with the terms and conditions of the Seller Representation Agreement;

e.

All agreements and documents with respect to the sale of the Property are completed and/or executed by the Client in accordance with the Seller Representation Agreement;

f.

All payments to the Company due under the Seller Representation Agreement are made by the Client in accordance with terms and conditions thereof.



Ⅷ. AFFILIATE’S REPRESENTATION AND WARRANTIES

25.

In addition to the covenants, representations and warranties (express or implied) contained elsewhere in the Terms of Use, the Affiliate hereby warrants, represents and undertakes that:

25.1

the Affiliate has the legal right and capacity to participate in the Affiliate Program;

25.2

the Affiliate has the power and authority to participate in the Affiliate Program and the Affiliate’s entry into and performance under the Terms of Use and the transactions contemplated by it do not constitute a breach of any Applicable Laws, or any obligation or default of any contract by which it is so bound;

25.3

the Affiliate shall comply with all Applicable Laws including inter alia laws, rules and regulations, whether local, regional or national which are applicable to any works related to or connected with the Affiliate Program, including any regulations and/or notifications of the Competent Authority;

25.4

the Affiliate has obtained all requisite permissions and authorisations required under the Applicable Laws with respect to the collection, use, processing and distribution of the Content and has the right to further assign such permissions and authorisations;

25.5

all Content, submitted by the Affiliate on the Website or associated with the Propforce Account is true and correct and nothing in this regard has been concealed from the Company;

25.6

the Affiliate shall ensure transparency and visibility to the Company with respect to any Client, Buyer or Lead, and all records and information in relation thereto;

25.7

the Affiliate shall be responsible for conducting reasonable due diligence of a Client prior to entering Client Information on Propforce including but not limited to performing the appropriate ‘know your customer’ and ‘anti-money laundering’ checks.

25.8

the Affiliate shall ensure that the Clients added to Propforce by the Affiliate are in compliance with the Applicable Laws including but not limited to taxation laws;

25.9

the Affiliate shall exclusively be responsible for the Content submitted by him on the Website inter alia for any misuse/unauthorised use of the Content;

25.10

the Affiliate shall use reasonable skill, care and diligence in the performance of obligations under the Terms of Use;

25.11

there are no proceedings against the Affiliate or its Clients, pending or threatened, that could adversely affect the performance of the Affiliate’s obligations under the Terms of Use;

25.12

the Affiliate shall neither solicit, entice away, discourage or influence in any way an existing or prospective supplier, vendor, contractor, customer or client of Company, nor recruit, solicit, induce or attempt to induce for employment, any employee of the Company or its affiliates.

25.13

the Affiliate shall not engage in conduct or make any representation that injures, harms, corrupts, demeans, disparages, defames, destroys or diminishes, or would reasonably be expected so to do, in any way the reputation or goodwill of the Company, its directors, officers, employees or agents; and

25.14

the Affiliate shall indemnify and hold harmless the Company, its executives, officers, directors, members, managers, employees, agents and representatives from and against any claims arising from acts or omissions, gross negligence or wilful misconduct of the Affiliate, breach of any of its obligations, agreements, or duties under the Terms of Use, or for any other reason whatsoever;



Ⅸ. REMOVAL AND SUSPENSION OF PROPFORCE ACCOUNT

26.

Any material breach of the Terms of Use by the Affiliate shall be construed as an Event of Default (“Event of Default”) which inter alia includes:

26.1

A breach of any terms or conditions of the Terms of Use or of any obligation hereunder;

26.2

Any representation becoming untrue, inaccurate or false;

26.3

A breach of warranty;

26.4

The Affiliate providing false information in the Application Form;

26.5

The Affiliate failing the verification process as specified in the Terms of Use;

26.6

Manipulation of Leads by the Affiliate;

26.7

The Affiliate violating the confidentiality obligations contained in these Terms of Use; and/or

26.8

The Affiliate committing a criminal offence.

27.

If an Event of Default occurs, the Company may, at its sole discretion, suspend or remove the Affiliate’s Propforce Account or blacklist the Affiliate at any time.

28.

If, in the opinion of the Company, an Event of Default is anticipated or suspected of having occurred, the Company may, at its sole discretion, suspend or remove the Affiliate’s Propforce Account or blacklist the Affiliate at any time.

29.

The Company may also suspend or remove a Propforce Account without assigning any reason by giving a fourteen (14) days’ written notice to the Affiliate. In this event, the Affiliate may only be entitled to Commission with respect to a Sale or Purchase completed prior to the date of such notice, subject to and in accordance with the Terms of Use.

30.

The Affiliate may at any time, remove itself from the Affiliate Program by deactivating its Propforce Account and delisting from the Affiliate Program, in which case, the Affiliate may only be entitled to Commission with respect to a Sale or Purchase completed prior to the date of such deactivation, subject to and in accordance with the Terms of Use.

31.

If a Propforce Account is suspended or removed, the Affiliate:

31.1

shall be removed from the Affiliate Program and its Propforce Account shall be suspended with immediate effect;

31.2

shall no longer have access to the Website, the Propforce Account and the Content thereof;

31.3

may be permanently blacklisted from the Affiliate Program if the suspension or removal is due to an Event of Default; and/or

31.4

shall not be entitled to any Commission whatsoever with respect to any past or future transaction, if the suspension or removal is due to an Event of Default.

32.

Upon removal from the Affiliate Program for any reason whatsoever, the Affiliate shall immediately cease to use any Promotional Material in its possession in any way whatsoever and shall return the said Promotional Material to the Company forthwith.



Ⅹ. INDEMNITY

33.

In no event shall the Company or its officers, directors, licensors, suppliers, employees or agents be liable to the Affiliate or any third party under any theory of tort, contract, strict liability or other legal or equitable theory for any losses it may suffer for any reason whatsoever including inter alia loss of business, loss of data, any lost profits, lost revenue, cost of cover or recovery of any investment along with any exemplary, punitive, special, incidental, indirect or consequential damages or the like, each of which is hereby excluded regardless of whether such losses were foreseeable or whether the Company has been advised of the possibility of such losses.

34.

By becoming an Affiliate, the Affiliate fully indemnifies, shall hold harmless and defend the Company, its directors, officers, employees, agents and representatives from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, settlements, judgments, damages, costs and expenses etc. (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to any negligent act, error or omission, breach of any representation or warranty by the Affiliate as contained herein, or as a result of the Affiliate’s failure to fulfil, or breach of, its obligations hereunder or otherwise owed to the Company.

35.

Irrespective of the number or basis of any claim(s) raised against the Company under or in connection with the Affiliate Program, the Company’s maximum aggregate liability shall be to the extent of direct loss only, notwithstanding whether such claim(s) arises in contract or in tort, and shall not exceed a sum equal in value to the Commission in relation to which such claim arises.



Ⅺ. INTELLECTUAL PROPERTY

36.

Notwithstanding any provision of these Terms of Use, nothing herein shall be construed as a grant of licence to use the Company’s Intellectual Property, which shall remain the exclusive property of the Company.



Ⅻ. CONFIDENTIALITY

37.

The Affiliate shall, at all times, keep the Company’s Confidential Information confidential, including the contents of these Terms of Use, except as and to the extent necessary to fulfil its obligations under the Terms of Use or as required to be disclosed pursuant to the Applicable Laws or to an order of the Competent Jurisdiction.



ⅩⅢ. GENERAL PROVISIONS

38.

Notwithstanding anything contained in the Terms of Use, the Affiliate hereby grants the Company a royalty-free, perpetual, irrevocable and non-exclusive right, permission and license to use, reproduce, process and distribute to third parties, all Content.

39.

The Terms of Use or the Affiliate Program shall not be construed as an offer of employment, or a commitment to the Affiliate of funding of any sort by or on behalf of the Company, and the Company is not obliged to enter into any other commitment with the Affiliate.

40.

The Affiliate shall not assign whole or any part of its interest or obligations under these Terms of Use to any third party without the prior written consent of the Company.

41.

Nothing in these Terms of Use shall be construed or deemed to create any association, partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Affiliate and the Company. The Affiliate will have no authority to make or accept any offers or representations on the Company’s behalf and the Affiliate will not make any statement, whether on its website, social media or any other platform used by the Affiliate for marketing the inventory of the Company, contrary to the interests of the Company.

42.

Any dispute under, arising out of or in connection with Terms of Use or the Affiliate Program shall be finally resolved by the Company at the Company’s sole discretion.

43.

The Affiliate shall neither solicit, entice away, discourage or influence in any way an existing or prospective supplier, vendor, contractor, customer or client of Company, nor recruit, solicit, induce or attempt to induce for employment, any employee of the Company or its affiliates.

44.

The Affiliate Program, these Terms of Use and the rights and obligations of the Affiliate under or pursuant to the Terms of Use shall be governed and construed according to the laws of Pakistan, with the exclusive jurisdiction of the courts at Lahore.

45.

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of these Terms of Use shall have full force and effect.

46.

The headings and titles contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect the provisions of these Terms of Use.

47.

The Affiliate may contact the Company for any query or complaint through phone or email at the following:

a.

Universal Access Number (UAN):0800-33111

b.

Email Address:Affiliate.Network@Zameen.com