In most if not all Cases Lawyers are the ones writing up these contracts, if you take a quick glance at a contract and feel you need to hire a lawyer just to understand your rights in that particular contract then I would hold off doing any business with that particular company.
Unfortunately, most if not all Contracts Read this way.
Moniker has been using this same contract for many years and haven't any problems. I think nobody is going to take them to court.
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I did actually, thats why have referred it to a lawyer. Don't have enough legal experience otherwise.
I do think the 60 days after auction is a good clause to prevent dealing on the side. Unless i missed something. Also, you can always terminate the agreement in writing, I assume fax/regd. post would work for that.
Though this is probably why they're asking people to fax/mail in the agreement instead of an online approval as usual.
You mean if the domain name doesn't result in a sale.
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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 †
Presumably......they are making a da*n good commission that has expenses built in to it. Thats why they get a commission.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Would be really nice if I could say to my home seller "you have to pay me 6% commission plus all costs that I incur in selling you house." What a fairy tale that would make.
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Last edited by pixelpadre : 03-29-2008 at 09:36 AM.
I must admit I was impressed by the length of the contract in a bad way. But You have every right to cancel the contract as long as you do so in writing by a certain time. I dont see what the problem is.
I want to get my names in front of the folks who actually have a budget and can pay what my names are worth. If it takes Moniker then thats what it takes, no one is forcing you to sell through tem.
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As a Realtor, I don't contractually tie my Sellers up nearly that tight when I sell the roofs over their heads!
To protect myself against a Seller circumventing a sale, I incorporate a clause in my listing contracts that entitles me to a commission should the property be sold within 90 days after expiration to person/s who viewed the property during my listing period. If I want this clause to be put into effect, I must provide this list of prospects to my Seller via Certified Mail within 5 days after expiration.
In my opinion, entitling a broker to compensation 2 years after a contract expires is absolutely ridiculous.
Last edited by NameCharger : 03-29-2008 at 02:39 PM.
There is something inherently wrong when a contract is so one sided. Even when an attorney is representing the interest of a certain company he or she is still an officer of the court and as such has taken an oath to abide by and uphold the spirit of the law by not participating in or facilitating the means for anyone to engage in unjust, unethical, or predatory practices and that also includes their own client. When drawing up contracts attorneys have an obligation to all sides to make sure that everything is on the level and that no one is being intentionally harmed or taken advantage of whether it is the company that they are representing or you as a customer. Think of how many services we use in our everyday life that requires us to sign something, whether it is renting a car or leasing an apartment or making a purchase, in most cases we depend on the contract to be fair and just to all sides and not to intentionally cheat us out of something.
Now I regret putting names in my application that I was hoping to get in, rather than expected. I will be a lot more detailed for the next auction, that's for sure.
Thats very defeatist of you, if no one ever says anything unethical practices such as this will continue in the industry.
Be a sheep if you want, I'm not.
I don't personally care if someone is the best thing since sliced bread... This contract is written to screw domainers. We work hard for our money --I'm not saying Moniker doesn't, but I always thought contracts were meant to prevent circumvention (example provided below by Namecharger), not to screw hard working people over...
Moniker has a new owner. This is not a good way to earn our respect. The company might have the same name but this is not the Moniker I remember.
Forums are by definition a place specifically for comments of all persuasions. Asking someone to withhold comments because you may not agree with them, and while you express yours, is a bit narrow.
Many successful entrepreneurs are good people, many aren't so good. Success doesn't necessarily define character.
The real issue seems to be some auction contract terms deemed unfair or unreasonable, mainly because they bear little relation to the auction.
Is it fair of Moniker or any domain auction sponsor to retain two months (let alone, two years) of financial control over domains that didn't sell in the auction? In a word, no. Moniker is being paid a commission for the service of listing and selling 3rd party domains in their auctions. Should the domains not sell, that service is complete. To hold the domains hostage for two more months of financial exclusivity is not only unfair, it's unjust. I'm willing to pay a percentage of my sales profits for Moniker's auction expertise, but I'm not willing to give up two months (or more) of my rights as a domain owner simply because they want an extended period of time to cash in on my unsuccessfully auctioned domains.
Why not a five day pre-auction and a 10 day period post-auction to protect against private sales to circumvent paying moniker's fees...auction sales should be wrapped up by then, anyway...but more than that is just trying to get a free bite of the pie.
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Their predatory and unethical practices are not limited to this contract alone, once they get you hooked they won’t even answer your emails. They usually ignore emails when you inquire to see if any of your names have been selected to be included in the auction, but they still want to keep control over all your domains indefinitely even though they keep you in the dark about their processes. This contract in its present form can be easily challenged in any competent court of law, and unless it is changed immediately it will create more and more unhappy domainers.
Quite honestly, with the 2 year "ransom" they have in place it would almost be in their best interest not to sell the domain. Chances are good that many of the domains will be worth more in a couple years, making them even more cash (at no expense to them) if someone decides to sell after say, 18 months.
I wonder if the big wealthy domain owners have to sign the same contract to list their names for sale.....if they don't then Moniker would be guilty of discrimination imho.
