Fees policy and payment terms

This policy governs the fees and commission payable to BrandMarket upon the sale of a trademark listed or marketed through the Platform and constitutes a supplement to the Terms and Conditions published on the Platform.

1. Platform Definition

For the purposes of this policy, the term “Platform” means Al Marhala Al Dhahabia Trading Establishment, Commercial Registration No. (7034244207), which operates the “BrandMarket – Trademark Marketplace” platform. This term also includes its general or special successors, and any entity to which ownership of the Platform and its rights and obligations are transferred in accordance with the applicable laws, regulations, and procedures.

2. Commission Amount

The Platform’s commission for the sale of a trademark is a fixed amount of (SAR 999 only – Nine Hundred and Ninety-Nine Saudi Riyals), in accordance with the price approved and published on the Platform.

This commission is not payable merely for publishing or keeping an advertisement on the Platform. Rather, it becomes payable upon completion of the sale in accordance with the cases set out in this policy.

3. When Is the Commission Due?

The commission becomes due upon completion of the sale of the trademark if the buyer’s access to the trademark or the transaction arose from or was connected to the Platform, including but not limited to:

• If the sale is completed directly through the Platform.
• If the sale occurs as a result of or due to the advertisement published on the Platform.
• If the buyer became aware of the trademark through the Platform and subsequently communicated, negotiated, or completed the sale outside the Platform.
• If communication between the seller and buyer arose as a result of the advertisement, responses, or any communication method provided by the Platform.
• If the buyer reached the trademark as a result of a marketing campaign or marketing channel operated by the Platform.

The determining factor in establishing the commission entitlement is the existence of a connection between the Platform or the advertisement and the buyer’s access to the trademark and completion of the transaction. It is not required that all sale procedures be completed within the Platform.

4. Commission as a Debt Owed by the Advertiser

Upon completion of the sale and the commission becoming due under this policy, the payable commission shall constitute a debt owed by the advertiser to the Platform and shall remain due until paid in full.

The commission entitlement shall not be extinguished by deleting or suspending the advertisement, or by completing the transaction outside the Platform, provided that the buyer reached the trademark as a result of or due to the Platform, the advertisement, or its marketing channels.

5. Payment Period

The advertiser shall pay the due commission within a maximum period of (10) days from the date of receiving the full sale amount, unless otherwise agreed in writing with the Platform.

If the sale amount is received in installments, the aforementioned payment period shall commence from the date on which the advertiser receives the full sale amount, unless otherwise agreed in writing with the Platform.

6. Direct Sale Between the Parties

The seller and buyer may complete negotiations or the sale procedures in accordance with their mutual agreement. However, moving communication outside the Platform shall not eliminate the Platform’s right to the commission if the transaction arose as a result of or due to the Platform.

Exchanging phone numbers or communicating directly between the parties shall not constitute grounds for waiving the payable commission.

7. Prohibition of Commission Circumvention

It is prohibited to take any action intended to conceal a transaction that arose as a result of the Platform or to circumvent the payable commission, including, by way of example, deleting the advertisement after reaching the buyer, completing the sale outside the Platform for the purpose of avoiding the commission, or providing inaccurate information regarding the outcome of the advertisement or transaction.

The Platform reserves the right to claim the payable commission whenever the grounds for entitlement under this policy are established.

8. Advertiser’s Responsibility to Report the Sale

The advertiser shall notify the Platform upon completion of the sale of the trademark listed through the Platform and shall enable the Platform to update the advertisement status to “Sold” or “Ownership Transferred,” as applicable.

The information provided by the advertiser regarding the completion or non-completion of the transaction must be accurate.

9. Evidence of the Transaction’s Connection to the Platform

To the extent permitted by applicable laws and regulations, the Platform may rely on advertisement records, responses, communications, consents, electronic records, and information available to it to establish the connection of the buyer or transaction to the Platform.

The completion of communication or negotiations outside the Platform shall not prevent the Platform from relying on prior records establishing that the initial introduction or communication originated through the Platform.

10. Taxes and Invoices

The commission and fees shall be subject to the taxes applicable under the laws and regulations in force in the Kingdom of Saudi Arabia. The amount and invoice issued by the Platform shall be recognized in accordance with the tax treatment applicable at the time the commission becomes due.

Invoices or financial documents shall be issued in accordance with the applicable laws, regulations, and procedures adopted by the Platform.

11. Payment Methods and Bank Transfer Details

The commission shall be paid through the payment methods approved by the Platform and announced to users. The advertiser shall ensure that payment is made through the official channels of the Platform.

If payment is made by bank transfer, the transfer shall be made to the Platform’s official bank account using the following details:

• Beneficiary Name: Golden Phase Trading Establishment
• Bank Name: Saudi Awwal Bank (SAB)
• Account Number: 615210416001
• IBAN: SA6445000000615210416001

The Platform shall not be responsible for any amounts transferred to accounts or entities not authorized by the Platform.

12. Fees for Other Services

The Platform may provide additional services that are separate from the sales commission. The fees and terms of each service shall be determined and disclosed separately before requesting or using such service.

This policy shall not, by itself, result in the imposition of any additional fees that have not been disclosed to the user.

13. No Guarantee of Sale

Publishing an advertisement on the Platform does not guarantee the sale of the trademark and does not obligate the advertiser to pay a sales commission if no transaction subject to a commission is completed in accordance with this policy.

14. Amendment of the Commission or Policy

The Platform may amend the commission amount or the provisions of this policy in the future, provided that the amendment is published and its effective date is specified.

Any amendment to the commission amount shall not apply retroactively in a manner that violates vested rights. For each advertisement or transaction, the price and terms applicable to it in accordance with the Platform’s determination and the applicable laws and regulations shall apply.

15. Relationship with the Terms and Conditions and Privacy Policy

This policy shall be read together with the Terms and Conditions and Privacy Policy published on the BrandMarket Platform. The three documents shall be considered complementary to one another, each with respect to its respective subject matter.

16. Acknowledgment of Awareness of the Commission

By publishing an advertisement or activating the consent checkbox, the advertiser acknowledges that they have reviewed this policy and understand that the Platform’s commission for the sale is (SAR 999), and that such commission is not payable merely for publishing the advertisement, but becomes payable upon completion of the sale if any of the entitlement cases set out in this policy applies.

The advertiser further acknowledges that once the commission becomes due, it shall constitute a debt owed by the advertiser to the Platform until it is paid in accordance with the payment terms set out above.