NamePros.Com - View Single Post - Moniker auction terms Outrageous

Moniker definitely protects themselves as much as possible with their carefully worded contract. It fully protects them with no regard for the customer. Too bad, because I have really grown to like them in their other domain businesses.

The parts of that contract I object to most is "authority to sell the Name(s) for one hundred and twenty (120) calendar days from the date of submitting", "or sixty (60) days from the conclusion of any auction or private sale taking place after the submission", and especially this part "In the event that Seller sells or markets the Names directly to a buyer or through any person or entity other than Buyer/Seller Agent during the term of this Agreement, Buyer/Seller Agent shall be entitled to receive the Fee (as hereinafter defined)".

Like myself, most domainers probably have their names listed for sale in many different places and that means if I sell one any place else OR EVEN MARKET THE NAME FOR SALE, I must still pay Moniker their fees of almost 20%....that really sucks imho. However, I really don't believe that part about "marketing the name" would be upheld in court.

03-27-2008, 08:46 AM	· #17
nstalk NamePros Regular Trader Rating: (1) Join Date: Apr 2006 Posts: 327 NP$: 100.00 (Donate)	Moniker definitely protects themselves as much as possible with their carefully worded contract. It fully protects them with no regard for the customer. Too bad, because I have really grown to like them in their other domain businesses. The parts of that contract I object to most is "authority to sell the Name(s) for one hundred and twenty (120) calendar days from the date of submitting", "or sixty (60) days from the conclusion of any auction or private sale taking place after the submission", and especially this part "In the event that Seller sells or markets the Names directly to a buyer or through any person or entity other than Buyer/Seller Agent during the term of this Agreement, Buyer/Seller Agent shall be entitled to receive the Fee (as hereinafter defined)". Like myself, most domainers probably have their names listed for sale in many different places and that means if I sell one any place else OR EVEN MARKET THE NAME FOR SALE, I must still pay Moniker their fees of almost 20%....that really sucks imho. However, I really don't believe that part about "marketing the name" would be upheld in court. Please register or log-in into NamePros to hide ads