Emlak24 Comprehensive Contractor and Project Developer Agreement (Master Marketing & Representation Agreement)
Last updated: 29 September 2026
1. Framework and Strategic Scope
This Master Agreement is entered into between Emlak24, headquartered in Cologne, which assumes digital marketing and sales organization (agency) for the "Construction Company/Project Developer", to accelerate sales of residential/commercial projects in Turkey or globally in the European market and among the international Turkish diaspora. The Agreement is subject to the standards of the German Commercial Code (HGB).
2. Project Representation Tiers and Obligations
The Construction Company's projects are managed according to the omnichannel marketing hierarchy of the selected package:
- Standard Project: Listing in the "New Projects" category. Basic CRM routing.
- Premium Project: Homepage banner allocation, social media performance marketing managed with Emlak24's own budget, email database newsletters.
- Exclusive Project (sole mandate): Full agency service. Dedicated sales team assignment, physical model display at the Cologne showroom, launch events with diaspora association leaders, and international fair (booth) representation.
3. Licences, Copyright, and Intellectual Property
3.1. Content licence grant: The Construction Company declares that it holds copyright in 3D renders, floor plans, promotional films, drone footage, and logos for the project, and grants Emlak24 a royalty-free, worldwide, sublicensable, non-exclusive right to use these materials for European (diaspora channels, PR) promotion.
3.2. Emlak24 creatives: Ownership of foreign-language translations, AI copy, video edits, and digital ad creatives produced by Emlak24's marketing team (CMO team) belongs exclusively to Emlak24. The Construction Company may not use these materials without permission.
4. Commission Structure (FX Inflow) and Accounting
4.1. Entitlement: Emlak24 earns a fee when the investor it brought completes a purchase (or down payment) from the project, varying between 5% and 7% of the sale price depending on Standard and Exclusive package scope.
4.2. Invoicing: Given the nature of B2B international customer acquisition, invoices are issued to Emlak24 GmbH in Germany and EUR transfers are executed in compliance with German and Turkish tax law (including double taxation treaties).
5. Non-Circumvention and Unfair Competition
Breach of this clause carries the heaviest contractual penalty under the Agreement.
The Construction Company may not bypass the "Investor/Customer Network" provided through Emlak24's multi-million Euro market and advertising investment.
No direct contract without commission or with a hidden discount may be concluded with a customer met through Emlak24 events (launch, Cologne office visit, CRM routing), bypassing Emlak24, within 12 months of the date of introduction.
If detected, the Construction Company agrees to pay in cash, without prior notice, a penalty equal to twice the commission foregone (7% of the sale price).
6. Construction Risk, Disclaimer, and Indemnification
Emlak24 acts solely as a "Marketing and Intermediary Organization".
All legal and penal obligations of the Construction Company towards the investor (customer) due to permit issues, construction stoppages, delayed handover dates, material defects, or title/mortgage encumbrances rest with the Construction Company itself.
Emlak24 cannot be named as a party in customer claims, chargebacks, or compensation lawsuits arising from such defects. The Construction Company undertakes to hold Emlak24 harmless and indemnify all costs incurred (including legal fees).
7. Law and Jurisdiction
The parties agree to seek mediation with Emlak24's CEO/COO first for commercial disputes. If the dispute continues, German commercial law (HGB) applies; the courts of Cologne, Germany have final jurisdiction.