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 domain brokerage acquisition services to Buyer pertaining to the digital asset(s) or domain name(s) submitted in writing to acquire via the online Stealth Acquisitions form.
Domain Names/ Digital Assets:
Target Price: Submitted online or in writing (aka Buyer’s budget)
*Commission Percentage/Fees: 10% of the agreed sales price for the target domain(s) submitted online or 15% if the domain is acquired for the target price or less.
*NOTE: The Minimum Brokerage Fee is $500 for assets successfully acquired for under $5000.000 USD
Exclusive Brokerage Acquisition Term: Ninety (90) 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 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 and through termination of the agreement.
2. In Acquiring Domain name(s) and/or Digital Asset(s), DA shall:
- Use all commercially reasonable efforts to negotiate the lowest possible price and terms with qualified sellers/registrants.
- 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 a 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.
“Target Price” means the maximum price that the Buyer is willing to offer excluding sales commissions and escrow fees.
In order to acquire a Digital Asset through Private Brokerage, Buyer shall:
3. Provide DA with any known information regarding the targeted Domains or digital assets, any prior or current communications directly or indirectly with the registrant/owner of the assets to be acquired and other such information the parties may reasonably request from time to time in order to permit DA Brokerage to perform its duties hereunder.
4. Disclose to DA any adverse material facts known to Buyer regarding the Assets and the owner of such assets that Buyer becomes aware of.
5. Not engage broker simply to build a case for a WIPO, UDRP or other legal proceeding.
6. During the term of this agreement and for a period of One hundred twenty (120) days following the termination in writing of the agreement, Buyer shall not intentionally or unintentionally contact or enter into any agreement, with individuals or entities associated with the domain names(s) or those that were contacted by DA on behalf of buyer, or with a different broker or attorny or entity to contact the registrtant organization with the intent to circumvent the DA broker or the acquisition fees. DA shall provide buyer will complete email correspondence upon request pursuant to this clause within ten (30) days of such requests being made and for up to 90 days after termination. In the event that a digital asset is purchased by Buyer or is otherwise in violation of the terms of this agreement, then DA shall be entitled to receive its full commission at the target price or sales price, whichever is greater.
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, escrow.domains, or other mutually agreed escrow service); or whichever credible Escrow Service the Buyer designates.
Expiration: The Terms of this Agreement will continue until such time it is mutually agreed to cancel the agreement. The Buyer and Broker agree to give thirty (30) days advance notice in writing when either Buyer or Broker wishes 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.
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 with one arbitrator/mediator. The Broker as prevailing party in any proceeding, for collection of fees or a dispute resolution, shall be entitled to recover its costs and expenses, including arbitration fees and reasonable attorney’s fees. The only remedies for breach of contract by the buyer is payment of the fees or arbitration. Termination of the agreement is not a remedy for any breaches by buyer or broker.
Modification: These Terms 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 date of the acceptance of the Terms online at https://domainassets.com/domain-buy-service/ or agreement offline via email, executed via signature or checking the box “I have read and Agree” .