Domain Name Transfer Agreement

Date: 2011.02.22 | Category: Domain Names, Forms & Contracts | Tags:

Domain Name Transfer Agreement

For most people, buying and selling domain names is a fundamental income provider for their business model, as such, you should ensure that when buying or selling domain names you should have a legal contract to assist in the transfer of sale.Domain Name Transfer Agreement.

This Agreement is made on the Day of 2001 between:

(1) [Your name and address goes here]. (hereafter referred to as the assignor) and;

(2) [The buyers name and address goes here]. (hereafter referred to as the assignee).

RECITALS:

(a) The parties have been in discussion concerning the transfer to the assignee of the registration of the designations ‘[full domain name goes here]’ and ‘[further domain name goes here]’ (whether in lower or upper case) hereafter referred to as (the “domain names”) as website addresses on the internet.

(b) The parties wish to reach a mutually acceptable arrangement in relation to such discussions.

Now therefore, in consideration of the parties’ mutual covenants and undertaking, the adequacy and sufficiency of which are acknowledged, the parties agree as follows:

1. The assignor hereby agrees to assign, and/or cause to be assigned, to the assignee the domain names. The assignor shall do such things and execute such documents as reasonably requested by the assignee at the assignees expense to perfect such assignment and shall comply with the standard requirements of [insert domain name registrar here] as in force at the time of this agreement.

2. In consideration of the parties mutual obligations under this agreement the assignee agrees to pay the assignor the sum of $$ [Amount in words goes here] [currency goes here, Dollars, Sterling Etc] immediately following notification that all of the domain names within this agreement have been recorded at the relevant registries as in the ownership of the assignee thereby evidencing the transfer of the domain names to the assignee.

3. The assignor, whether through himself, any alias and/or his servants or agents shall immediately cease and desist from and shall not resume using the domain names or any other designation whether a trade or service mark, trading name or domain name that contains words colourably similar to that of the assignee.

4. The assignor further agrees that he shall not, directly or indirectly, individually, through any alias, or in conjunction with any person, firm or corporation, apply to register any trade mark, service mark and/or any other word or words colourably similar to any such trade names or marks.

5. The assignor further agrees that he shall not, directly or indirectly, individually, through any alias, or in conjunction with any person, firm or corporation, apply to register any trade mark, service mark and/or any other word or words colourably similar to any such trade names or marks, cause enable or assist any third party to do the same.

6. The assignor represents and warrants that it has not, directly or indirectly, through any alias or in association with any other person or entity, filed, reserved, received or granted a transfer of license of any domain name that contains the trade marks or any word or words confusingly similar thereto in any country or federal, local government, region or state authority, or with [insert domain name registrar here], or any other internet registration agency. The assignor covenants that it will not, whether through himself, any alias, through his servants and/or agents undertake any such registration, filing, or reservation or cause or assist any such registration, filing, or reservation to be made, by itself, or in connection with any other person or entity.

7. The assignor represents and warrants to the best of its actual knowledge, as of the date of its execution of this agreement, that:

(a) The assignee has the right to dispose of the domain names;

(b) The assignor has not received notice of any existing or threatened claims or proceedings by any third party other than the assignee relating to the assignors use of the domain names;

(c) The assignor has not received notice that the domain names are subject to any outstanding order, decree, judgment, stipulation, written restriction, undertaking or agreement that would prevent the assignor complying with this agreement;

(d) The domain names are not subject to any lien, charge, security interest, mortgage, third party interest or other encumbrances;

(e) The assignor has not granted any licenses to or authorized any third parties (including any affiliate of the assignee) to use the domain names or any other confusingly similar domain names; and

(f) The assignor, does not own directly or indirectly through any alias, third party or likewise any other domain name containing words similar to that of the assignees.

8. Each of the parties hereto warrants and represents that the person (s) executing this agreement on its behalf has full authority to execute this agreement and bind it as a party to this agreement.

9. The terms and conditions of this agreement shall be maintained in confidence. No party may disclose such terms and conditions to any third parties other than to the attorneys, accountants, officers or members of the boar of directors of the assignee or assignor or otherwise without the express written permission of the other party.

10. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, clients, licensees, representative, successors, predecessors, and assigns. In this agreement words denoting persons shall include bodies corporate and unincorporated associations of persons and vice versa.

11.This agreement incorporated herein constitutes the entire agreement of the parties. It may be modified only in writing signed by both parties. This agreement may be executed in one or more counterparts, all of which shall constitute a binding agreement when one or more counterparts have been signed by each of the parties.

12. This agreement shall be construed in accordance with the laws of the [Your country goes here, United Kingdom, United States, Etc], and the parties hereto submit to the non-exclusive jurisdiction of the courts of the [Your country goes here, United Kingdom, United States, Etc].

13. Both parties acknowledge that if either party violates all or part of this agreement the other party may seek legal remedies to restrain any further violation of this agreement and in such a case, the violating party will be wholly liable for the cost of any such order.

Signed by: ……………………………….. Date: ………………………..

For and on Behalf of [Your company / legal name].

Signed by: ……………………………….. Date: ………………………..

For and on Behalf of [Buyers company / Legal name].

Article written by Lee