The Exclusive Brokerage Acquisition Terms (EBAT) is by and between Domain Assets LLC (hereinafter referred to as “Broker” or “DA“) and BUYER (hereinafter referred to as (“BUYER“) and is made and effective as of the l date on which it is Buyer submits online or offline (the “Effective Date”).
Exclusive Brokerage Acquisition Service: DA will provide domain brokerage acquisition services to Buyer pertaining to the digital asset(s) or domain name(s) listed submitted via the DomainAssets.com online Domain Buy Service Stealth Acquisitions form, email, fax or any other means.
Domain Names/ Digital Assets:
Target Price: Submitted online or in writing (aka Buyer’s budget)
*Commission Percentage: 10% of the agreed sales price of the target domain(s) submitted online/offline or 15% of the agreed sales price if the domain is acquired for the target price or less. (Note: Minimum fee ONLY if successful is $500.00).
“Target Price” is defined as the maximum price that the Buyer is willing to offer and /or budget, which excludes sales commissions and escrow fees.
Exclusive Brokerage Acquisition Term: Sixty (60) days (minimum)
1. When a sale occurs, DA will be compensated pursuant to the commission schedule illustrated above, which is to be paid directly to DA from Buyer’s payment less sellers’ proceeds. The broker’s commission could be split 50/50 with another broker if required to complete a transaction. DA will aggressively pursue the registrants, during the exclusive term.
2. In Acquiring Domain name(s) and/or Digital Asset(s), DA shall:
- Use commercially reasonable efforts to negotiate the best possible price and terms with qualified sellers/registrants, while not disclosing the Buyer to the Seller or the target domain registrants.
- At all times keep all terms including the purchase price and the buyer’s identity confidential.
- Not consummate the sale of a Domain Name and or Digital Asset on Buyer’s behalf until the offer Price has been approved and an offer has been accepted in writing by Buyer and Seller.
- Obtain Buyer’s written consent before changing an offer price or terms on any Digital Asset in the event that the previous offer price has not been accepted.
- Not submit an offer on any Digital Asset in an amount more than buyer has approved unless Buyer has first given its written approval.
- Work in good faith with Buyer to negotiate the best the price and terms on assets and quickly resolve disputes, if any arise.
- Perform its responsibilities in a diligent, competent, and professional manner.
- Provide buyer with complete email correspondence with the registrant, or related to the registrant, upon request within ten (10) days of such requests made, and for up to 60 days after termination.
3. In order to acquire a Digital Asset through Private Brokerage, Buyer shall:
- Provide DA with any known or new information regarding the targeted Domains or digital assets, any interactions or communications with the registrant or owner of the assets to be acquired. In addition, notify DA of any changes in budget or timelines, or management changes in order to permit DA Brokerage to perform its duties hereunder.
- Disclose to DA any adverse material facts known to Buyer regarding the Assets and the owner of such assets that Buyer becomes aware of;
- Not engage domainasssets.com simply to build a case for a WIPO, UDRP or other legal proceeding.
- During the term of this agreement and for a period of Ninety (90) days following the termination of the purchase agreement by either of the Parties, Buyer shall not contact or enter into any agreement, with individuals, registrants, brokers, or entities to circumvent DA and/or the related acquisition fees. In the event that a digital asset is purchased by Buyer or its successors/assigns or any other breach or violation of the agreement provisions, then DA shall be entitled to receive its full commission.
Successors and Assigns: This Agreement shall inure to the benefit of, and be binding upon, the Parties and their respective successors and assigns. The Parties will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of their business and/or assets of their organization to assume expressly and agree to perform under this Agreement in the same manner and extent that the parties would be required to perform as if no such succession had taken place.
Escrow Procedure: All Digital Assets sold through DA services will be transacted through a designated escrow or transfer service (such as Escrow.com; ESQwire.com; or Escrow.domains); or whichever credible Escrow Service the parties designate.
Expiration: The Terms of this Agreement will continue until such time it is requested to be terminated by either party or their successors. The Buyer and /or Broker agree to give thirty (30) days advance notice in writing when either Buyer or Broker request to terminate the exclusive brokerage term.
Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida – Palm Beach County.
Dispute Resolution: In the event of any dispute arising under the terms of this Agreement, exclusive jurisdiction to determine said disputes shall be submitted for resolution to the American Arbitration Association located in Palm Beach County, Florida in accordance with its expedited rules of commercial arbitration. The prevailing party in any proceeding for collection or dispute resolution shall be entitled to recover its costs and expenses, including reasonable attorney’s fees.
Modification: This Agreement may only be modified, amended, or otherwise changed (including this section hereof) by an instrument in writing signed by DA and Buyer.
In Witness Whereof, the parties hereto have executed this Agreement as of the time stamped date of the acceptance of the Terms online at https://domainassets.com/domain-buy-service/ by checking the box “I have read and Agree,” or offline via electronic signature by DocuSign, fax, email or any other means.