Partner Commission Agreement for
This Commission Agreement (the "Agreement") is made effective as of , by and between partners of FROMMARS ENTERPRISE:
- Fong Say Kiat ("FONG"), bearing identification number 970215-33-5033, residing at E2-16-11 Blok E2, OUG Parklane Jalan 1/152, Taman OUG Parklane, 58200 Kuala Lumpur, Wilayah Persekutuan (KL), Malaysia., and
- Yap Heem Ghee ("YAP"), bearing identification number 970716-03-5944, residing at No. 40, Jalan Clover 4, Clover Garden Residence, 63000 Cyberjaya, Selangor, Malaysia.
(FONG and YAP collectively referred as "Partners"),
And
FROMMARS ENTERPRISE (202503120237 (003725563-H)) (hereinafter "Company"), a company co-founded by the Partners. with its registered address E2-16-11 Blok E2, OUG Parklane Jalan 1/152, Taman OUG Parklane, 58200 Kuala Lumpur, Wilayah Persekutuan (KL), Malaysia..
1. Purpose
The purpose of this Agreement is to define the terms and conditions for the distribution of project revenue as commission to the Partners and as company funds for FROMMARS ENTERPRISE
2. Revenue Distribution
For each project undertaken by the Company, the total revenue received (hereinafter "Project Revenue"), amounting to RM 0.00, shall be distributed as follows:
2.1. Company Fund Allocation: Twenty percent (20%) of the Project Revenue shall be allocated to FROMMARS ENTERPRISE as a company fund, amounting to RM 0.00. This amount is non-commissionable and will be retained by the Company for operational costs, investments, and other company-related expenses.
2.2. Commissionable Amount: The remaining eighty percent (80%) of the Project Revenue shall be considered the "Commissionable Amount", amounting to RM 0.00, and will be distributed as commission to the Partners.
2.3. Combined Percentage: The agreed-upon individual percentages for FONG and YAP for each project shall always total one hundred percent (100%) of the Partners' combined responsibility for that project.
2.4. Partner Commission Split: The Commissionable Amount shall be divided between FONG and YAP based on a pre-determined percentage split for this project based on mutually agreed contributions, responsibilities, scope, and estimated timeline, as follows:
- FONG's agreed scope is 0%, FONG receives: RM 0.00
- YAP's agreed scope is 0%, YAP receives: RM 0.00
3. Payment Terms
3.1. Payment Schedule: Commission payments to FONG and YAP shall be disbursed within 14 days after the full Project Revenue has been received by FROMMARS ENTERPRISE.
3.2. Method of Payment: Payments will be made via bank transfer to the respective personal bank accounts:
- FONG's bank account number is 1060 9930 5169 (Maybank)
- YAP's bank account number is 1531 3112 3764 (Maybank)
4. Invoicing and Record Keeping
4.1. Invoicing: All invoices for projects shall be issued by FROMMARS ENTERPRISE to client.
4.2. Invoicing: All commissions for projects shall be issued by each Partners to FROMMARS ENTERPRISE.
4.3. Financial Records: The Company shall maintain accurate and transparent financial records of all Project Revenue received and all commission payments made to the Partners. These records shall be accessible to both FONG and YAP upon reasonable request.
5. Dispute Resolution
Any disputes arising from the interpretation or implementation of this Agreement, including but not limited to the determination of project scope percentages, shall first be attempted to be resolved amicably through good-faith discussions between FONG and YAP. If a resolution cannot be reached, the Partners agree to engage in mediation.
6. Termination
This Agreement shall remain in effect unless terminated by mutual written agreement of both Partners.
7. Amendments
Any amendments or modifications to this Agreement must be made in writing and signed by both FONG and YAP to be effective.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
9. Entire Agreement
This Agreement constitutes the entire agreement between FONG, YAP, and FROMMARS ENTERPRISE with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above.