They pay the fee to compensate the broker for the work they have to do after determining that the broker is qualified to make a good faith effort to market the domain. (Which isn`t just sending emails). The fee would cover all marketing costs (as agreed) as well as something that says “I`m serious about selling this domain” to the broker and easily compensates them for their time. This is a great example of why every agreement template needs to be changed before use. There are probably many other reasons. In the simplest case, this model works. But for all other cases, I would probably hire a lawyer to make sure my best interests are taken into account and covered. I would also like to know what happens when emails are no longer forwarded. What recourse do you have and how much is it likely to cost? Knowing the answers can help you develop a better deal. The information that must be filled in to use this template to buy or sell a domain name is highlighted in yellow and surrounded by parentheses – e.B. [buyer`s name] or [effective date].
Be sure to completely replace the content in parentheses and the parentheses themselves with the required information. Recipients of Confidential Information: [name] and all relevant commercial and personal businesses associated with the recipient and the purchase and transfer of the domain Example.com. Do you have a co-brokerage contract and/or do you know where to find a model? Most domain name brokers require an exclusivity agreement before they start selling a domain name. The agreement protects them from having a domain owner sell a domain name that they have agreed to negotiate. It also requires the owner to accept a commission for a certain period of time, regardless of whether the broker has completed the transaction or not. Yes, I`m currently working on a sales pitch, but I`m testing it with a domain name I bought that hasn`t been delivered yet. Then. I wonder about the phrase “including all associated trademark rights and goodwill.” What happens if the domain name you sell is Photo.info? The word photo was once a valid TM in France and can still be. (See Photo.biz UDRP) Including this phrase would mean signing a contract to transfer TM rights that you don`t own, would you? Perhaps an expert could answer that question. Thank you. Whether you are a buyer or seller, a standard domain name agreement is an important tool to protect both parties in the sales transaction. A global agreement on the sale of domain names describes important aspects of the sale, including: Another one that interests me is the partnership letter.
1. Is this an exclusive brokerage contract? Domain name brokers usually insist that the contract is “exclusive.” This means that you cannot keep another broker at the same time. This also usually means that even if you sell the domain name yourself for the duration of the exclusive domain name brokerage contract, the broker will receive their commission. Therefore, you should be aware of this provision if it has been inserted into the draft contract, as you must be prepared to pay your broker, whether or not it is the broker who brought you the transaction. Especially when it comes to large or complex transactions, using a purchase agreement can be the best way to manage the sale and purchase of goods. Find out what this legal document should contain and when you should use it. Thank you for sharing these ideas. I bought domains from flippa.com with an escrow contract and didn`t know I could still get into trouble and potentially fall victim to INTELLECTUAL PROPERTY and jurisdictional issues. 5. The seller is entitled to transfer the domain name without any claims from third parties. Oops, now we are dealing with third parties again.
Lessons for sellers: Remember that absolute statements are absolute. Try to avoid warranties. Try to limit any representations (or warranties if you have to give them) to your actual knowledge (e.g.B. without having conducted an investigation). Lessons for buyers: Try to include warranties. Make them as wide as possible. Make sure you have insurance and guarantees that will actually help you. For example, the agreement template lacks assurances/guarantees regarding the following: Kent, which is precisely why it`s a good idea to have a P&S agreement drafted by a lawyer. Although there are many smart domainrs that may not be legally trained and allowed to design these types of agreements. The answer to your question: Goodwill in trademark law refers to the goodwill that is built between the source of the product or service and the public. The classic example is when you see McDonald`s, you know you`re going to get a burger and you know exactly what to expect from that burger.
That (questionable?) quality and consistency you expect from McDonald`s. The phrase “including all associated trademark rights and associated goodwill” is standard language in the transfer of trademark rights and may have nothing to do with the transfer of a domain name. The point I tried to make was that when I needed something from a lawyer a few years ago (before I did it for a living), I was working with a large company that didn`t have significant domain name experience, and it cost a bit more because they had to spend time researching the subject (I sold on Ebay and wanted to design a disclaimer for my sales). I`ve seen a number of examples of NDA online, but it seems to me that none of them are geared towards a domain sale. “Any lawyer who is worth his salt will not charge `a few hundred dollars` unless he does you a favor. Intellectual property lawyers working in large metropolitan areas charge $450/hour — and more: And crafting a solid deal, as easy as it is, takes at least 3-5 hours. So do the math. What I mean is that there is a way to structure this so that the broker feels comfortable when making an effort and the seller does not feel like they owe money no matter what. Michael, you raise the very good point that P&S deals are crucial to closing a deal, and your model brings out some basic things that should go into a P&S deal, but there are many other terms that should be considered. Undoubtedly, a P&S deal should be used whenever an agreement comes to fruition. Domain names are bought and sold every day, often without any legal problems.
However, just because you didn`t have legal snafu doesn`t mean your rights to buy or sell are sufficiently protected. .