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That's just saying that you can't contact a potential buyer who was brought to you by Moniker on your own and try to sell it directly, circumventing Moniker in the process. That sounds fair enough.
And if it makes anyone feel a little better, you can pull your name from Moniker auctions anytime up to the auction (I've done it myself), and there's no interrogation involved about what you're doing with the domain.
I don't see the "20%" that some have referred to. It has been and I believe still is 15% commission. That's reasonable because of the focused buyers and in-industry promotion that Moniker gives the submitted names.
I also do NOT like the contract's self-renewal terms and need to opt out rather that have it expire x-days after the auction.
It takes pretty big cohones and a "take-it-or-leave-it-you-peons" attitude to include that "2-year" all-encompassing-for-every-possible-eventuality legalese. TWO-YEARS ??? - Moniker, you have to be kidding.
I can understand how Moniker needs to protect itself from seeing names submitted for auction and then having them transacted by the parties after the auction outside of the venue thus bypassing the associated commission terms. But in the big scheme of things, the protection they are seeking really only makes a difference with the HIGH priced names. All these terms and conditions should not apply to the run of the mill names.
Use a sliding commission based on selling price - For example, I would suggest no restrictions for names that SELL under say $5,000. A flat 15% commission is fair and okay. But they should lower the commission to 10% for names that sell up to high $xx,xxx, to 5% for names in the $xxx,xxx range, and maybe down to 3% for names in the $x,xxx,xxx range. That in itself would lessen the incentive to transact the names outside of the auctions and allow for a more streamlined contract.
WE are providing THEM with all the thousands of names that eventually generate interest and that commission income. If they keep this up, other online auctions which can be scheduled at ANY TIME (even right before or even during these industry trade shows) attract our names and will take more money and focus away from these TRAFFIC/Moniker auctions.
Come back down to earth Moniker ... you are starting to lose touch.
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Dot US - because I live there ...... Dot Mobi - because it's anywhere I go.
Moniker was the domainer's registrar. The feeling I had was that they understood better and had their business set up for domainers. Looks like there is soon to be an opening for a new "domainer's registrar".
Have you seen Moniker's on site domain sales section? Half of the links do not work, there are lots of reg fee domains with $6 million price tags and the terms there stink too.
I've been domaining for 2 years now. I have sold domains through namepros, dnf, ebay, afternic, buydomains, sedo and an occasional enduser email contact. I have never received a single offer for one of my domains at moniker. But there they sit!
Why does this statement have an OR. It should be any one, isn't it ?
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† Did We Know That There Aren't Really Thousands Of Bands Who Might Be Interesting, We Will Get To Deleting All Bands That Aren't In Flames, Cannibal Corpse, Morbid Angel, Deicide †
If true, that is one of the WORST and overreaching terms of their agreement , IMHO.
Someone from Moniker should verify that this is correct or correct us if we are interpreting it wrong here ....
So not only the names that appear in the auctions, but also the dozens or maybe hundreds of names that you submit for consideration that do not even get selected for either the live or silent auctions are still on the hook and covered by the contract. Meaning that even though all those unselected names got ZERO exposure from Moniker's venues, Moniker still wants a 15% commission if YOU sell a name YOURSELF somewhere else ???
That is NOT a domainer-friendly clause.
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Dot US - because I live there ...... Dot Mobi - because it's anywhere I go.
Domains are only subject to this agreement if they are accepted into the auctions. If the domains are not accepted your free to sell them elsewhere. Thats what I was told by a moniker rep on the phone when I myself questioned this part of the contract before I submitted my domains.
The ADDENDA to this Agreement shall consist of, but are not limited to, those items submitted by Seller for selection and acceptance by Buyer/Seller Agent to secure purchasers
So it seems like we actually have to give Moniker written notice that we want to cancel the agreement or it will keep renewing in perpetuity. That sucks!
This agreement is a very one sided agreement favouring Moniker IMO
That's if the name doesn't sell at Moniker and you sell it to someone during the brokerage period.
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† Did We Know That There Aren't Really Thousands Of Bands Who Might Be Interesting, We Will Get To Deleting All Bands That Aren't In Flames, Cannibal Corpse, Morbid Angel, Deicide †
This looks like a very one sided contract which is designed to take advantage of naive domainers. The real culprit here is the attorney who has compiled this contract who has used unethical language to facilitate predatory business tactics for this company in order to hold domainers captive to their unfair procedures and fees indefinitely. This matter should be brought to the attention of the State of Florida through a petition by all those who have been injured or deceived by this contract in order to show this and all other companies who deal with domainers that they should not and can not abuse their power.
Any company that writes up a contract that clearly reads to intentionally hijack the rights
to your domain in any way shape or form, isn't a company that anyone should be doing business with.
Always Read those Contracts, it should tell you something about the Company itself.
Last edited by NewWorldArk : 03-29-2008 at 08:46 AM.
I gave that contract to lawyer and he translated and checked it for me,
its not perfect but acceptable.
(but i'm not sure is it still same, mine was year ago)
I dont see why this one is in red:
So if there are any expenses they are going to ask you ! Whats bad about that ?
This is the problem. I never read them, just agree, sign and send the names.
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† Did We Know That There Aren't Really Thousands Of Bands Who Might Be Interesting, We Will Get To Deleting All Bands That Aren't In Flames, Cannibal Corpse, Morbid Angel, Deicide †
I read somewhere that if the Agreement is one sided, or unfair to one party, then the court would consider the Agreement to be void/unenforceable. Can someone confirm this?
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