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| | #177 (permalink) |
| NamePros Regular Join Date: Feb 2008
Posts: 576
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | but....and maybe i missed it....contracts are built to serve a purpose. maybe we can have a thread along the lines of .."People that have been taken advantage of by contracts" or something like that. i have signed that moniker contract before, and i have gotten what i expected from my domains, and not gotten burned...not yet anyway... but thanks for starting a topic mate.. meongtae |
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| | #178 (permalink) |
| NamePros Member Join Date: Jun 2007 Location: Nevada
Posts: 42
![]() | I confess to not having read through all 8 pages of comments in this thread, but does anyone know of an actual instance in which Moniker has gone after a domainer who listed a domain with them (say, for an auction), and later, when the domain failed to sell at the auction, sold it on another forum? I would be interested in hearing of any such cases. I agree that the contract language is harsh, and I agree it should be changed to favor the buyer more (especially the opt-out terms). But what I'm asking is whether anyone knows of a case where Moniker actually went after a domainer based on this contract for a sale that took place entirely outside of the Moniker system after a domain failed to sell at auction and was not listed for sale on the Moniker site. (Obviously they could, but HAVE they?) ????: NamePros.com http://www.namepros.com/domain-name-discussion/449617-moniker-auction-terms-outrageous.html The legal fees clause (prevailing party pays legal fees for both sides) is actually a bonus in my book, because it provides a disincentive for frivolous suits that are just designed to extort money from a party through legal harassment. |
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| | #179 (permalink) |
| Account Closed Join Date: Mar 2008
Posts: 320
![]() | Restrictive, yes The contact is restrictive, yes. Sometimes responses are a little slow. But I have a good guy down there, Peter Brooks, whom I have spoken with and e-mailed and received responses. And not some silly response to just put you off. I can't speak for the rest of them down there but this guy is making them look good. Doc |
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| | #180 (permalink) |
| NamePros Member Join Date: Nov 2003 Location: Lauderdale By The Sea, FL
Posts: 143
![]() | yes we have enforced our agreement on both sides before. our terms are standard and you should all read Christies and Sotheby's agreements if you want to see a doozy. Folks, remember we are market makers and inventing the domain auction industry with each auction. You will see great products, services, and integration between snapnames and moniker very soon. There will always be changes both to process and terms. ????: NamePros.com http://www.namepros.com/showthread.php?t=449617 If you are not interested in participating based on the terms of service, then do not as we are not forcing anyone to participate. I think we have already proven our position and place in the industry and have ALWAYS been fair on all sides. If you have specific legal or agreement questions, just email legal@moniker.com. Thanks,
__________________ Monte Cahn Founder/President - Moniker.com & SnapNames.com Monte@Moniker.com O - 954-984-8445
Last edited by mcahn; 06-26-2008 at 06:56 PM.
Reason: mispell
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| | #181 (permalink) | ||||
| NamePros Regular Join Date: Jan 2008 Location: US
Posts: 202
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????: NamePros.com http://www.namepros.com/showthread.php?t=449617 This Christies/Sotheby's line seems to be your standard refrain. It's a little embarrassing. You should drop it. It's like a guy saying to his wife, "You think I beat you?" You're lucky you're not married to Bob. He beats his wife with a closed fist." Just a little advice. | ||||
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| | #182 (permalink) |
| NamePros Member Join Date: Nov 2003 Location: Lauderdale By The Sea, FL
Posts: 143
![]() | embarrassing? not at all - it's an example of similarity of markets and terms in which you are complaining about. That's quite an example you just gave though....thanks for the advice
__________________ Monte Cahn Founder/President - Moniker.com & SnapNames.com Monte@Moniker.com O - 954-984-8445 |
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| | #183 (permalink) | ||||
| Senior Member Join Date: Sep 2005 Location: In Free Fall
Posts: 1,155
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????: NamePros.com http://www.namepros.com/showthread.php?t=449617 Trevor, interesting analogy there... A little twisted, but pretty spot on in my opinion. My grandfather used to say, "Just because you have the capability of doing something doesn't make it right to do so or mean you should."
Last edited by TestCase; 06-27-2008 at 08:41 AM.
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| | #184 (permalink) |
| Business Member Join Date: Jan 2007 Location: Glyfada, Greece
Posts: 2,823
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | Monte, i dont think we can compare Christies and Sotheby's worldwide recognizition with any of domain auctions including Moniker's. If you ask 100 people here in Greece if they know Christies auctions u ll get 5-10 "yes" answers, if u ask the same think about domain auctions like Moniker then believe me u get 0 "yes", you cant beat that so u cant compare in any way those kind of auctions.(in more advanced countries like USA or Germany u ll get a bigger difference of those "yes")
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| | #185 (permalink) | ||||
| You are here: X Join Date: Oct 2003 Location: US
Posts: 483
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| | #186 (permalink) |
| Business Member Join Date: Jan 2007 Location: Glyfada, Greece
Posts: 2,823
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | true, i m not saying that though Christie's offer a greater cahnce to sell, you cant compare this
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| | #187 (permalink) | ||||
| You are here: X Join Date: Oct 2003 Location: US
Posts: 483
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With companies like Sedo and Bido sponsoring auctions, I wonder Moniker would rank in money earned and domains sold. | ||||
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| | #188 (permalink) |
| Business Member Join Date: Jan 2007 Location: Glyfada, Greece
Posts: 2,823
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | tres i m not the one comparing, Monte did plz save both free time and read some posts before i think we r saying the same damn thing...
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| | #189 (permalink) |
| Account Closed Join Date: Mar 2008
Posts: 320
![]() | Moniker Just a short note for this thread. We only have to look at the sales to see that the Paris auction did not bode well for Moniker (or me either, as I had two with high opening bids that got no action) but it could be a result of a really bad economy (the U.S. stock market dropped nearly 420 in the last regular day and the extension day of the auction). Or it could be that Moniker and SnapNames are integrating and finding their way through a little experimentation that needs to be tweaked. Who really knows? Now, this fellow Monte who runs the show, I don't know him, have never met him and am sure, I never will. But he had the guts to show up in this forum and respond and for that alone, he deserves a play. ????: NamePros.com http://www.namepros.com/showthread.php?t=449617 So, maybe we shouldn't be putting the boots to this guy...just yet. Doc |
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| | #190 (permalink) |
| NamePros Regular Join Date: Mar 2006
Posts: 604
![]() ![]() ![]() ![]() | Change doesn't happen without "putting the boots" to them, as you say. Right now the terms are just about, if not completely one-sided, enough so that now that this has been brought to light, I suspect their auctions may suffer more than the Paris auction. Without a doubt, now that people are looking, many, not all of coarse, will look elsewhere to a better playing field. Without pressure that will not change. It would be interesting to know if or how far the christies and sothesbys terms have been legally tested... I'm sure there has been some testing, just how much though? The art of domain auctions is still relatively new (in the public auction style)... and as others have pointed out, there will be competition that will require the current "top dawg" to look at its terms again because the competitors will eventually start taking business by offering more fair terms. Or one would hope at least.
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| | #191 (permalink) |
| Account Closed Join Date: Mar 2008
Posts: 320
![]() | flamewalker I agree it is a one-sided contract but I think we all want as much advantage as we can in any business deal. I see them as necessary because I don't have the time to be hawking domains or listing them on Sedo or other places. If nothing else, they listed two of my mine for a big number at the Paris deal. Didn't get bought but that is life. As least they had me in play with more exposure than i would have gotten with me at the helm. Sure, there are other places and maybe a little competition will force some changes in this, as you stated, new industry of domain auctions. ????: NamePros.com http://www.namepros.com/showthread.php?t=449617 I wish everyone the best of success at selling their domains but I will hang in with Moniker because I just don't see anyone out there as proactive as them. Doc |
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| | THREAD STARTER #192 (permalink) | ||||||||||||||||
| Account Suspended Join Date: Jan 2008 Location: Eustis Florida
Posts: 78
![]() | Righttttttttttttttttt
You keep coming back to tell all the people here that agree that your terms are outrageous that we don't have to participate. Are you hard headed in all aspects of your life Monte? I mean even a dog will stop biting his owner if the owner stops feeding him.
Thank you for saving me the effort to remind Monte. Earlier posts showed that his assertions are false. He is assuming that new readers won't go back and read all the posts. Further proof of his lack of ethics.
Last edited by pixelpadre; 07-01-2008 at 05:53 AM.
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| | #193 (permalink) |
| Senior Member Join Date: Mar 2006 Location: golfered.com
Posts: 1,109
![]() ![]() ![]() ![]() | Would have to agree with comments with regards to the general market and so called credit crunch, the results from Paris were below par, and again if the end user is there they will pay what they want to pay, but i have to agree that a contract is there for a reason, to protect. Yes some of the terms are really strict, has really put me off sending some to auction with them. As for someone selling elsewhere is a name fails to sell at auction, only time will tell on that one, some of the names at PARIS only sold for $300-$100, would moniker really chase someone if they only thought their name was worth a figure close to the above? I would be interested to know if anyone can help what the % is of names entered to names sold and if they is a pattern, ie more sold in PARIS compared to FLORIDA-VEGAS-NEW YORK auctions. |
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| | #195 (permalink) | ||||
| NamePros Member Join Date: Jan 2008 Location: Chicago
Posts: 134
![]() ![]() | Reading
EVERY place of business we use online or off is has a term and conditions. By our use of the services, we are not contesting those terms and conditions and are, in fact, in automatic aggreement with them. It finally hit me with this post that when I see people losing money with chargebacks, theft or scam and no one is willing to help, the site/business owner is covered by the contact/terms and conditions. Of course there are exceptions, but it seriously just hit me. ????: NamePros.com http://www.namepros.com/showthread.php?t=449617 It's just like site security. It's not that we don't care, it's just that we are uneducated and ignorant, until we experience it. Amazing observation! I was going to add a few names to SES San Jose. As lowball as Sedo is, I'll stick to them. Thanks!
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| | #196 (permalink) |
| Senior Member Join Date: Jan 2007
Posts: 1,524
![]() ![]() ![]() ![]() ![]() | What I would like to know is this - if I submit a name that is not accepted it seems to me from the contract terms that just by submitting the name I give Moniker exclusive rights to get a percentage if I sell it elsewhere, even though they rejected it. Is that the case or have I misread the clause ? I don't believe any auction house in the 'real world' gets rights to a percentage of any object you submit and which they refuse to auction.
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| | #197 (permalink) | ||||
| NamePros Regular Join Date: Mar 2006
Posts: 604
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__________________ My Domain Portfolio/Domains for sale | MASS Del.Icio.US Submission Get daily premium drop lists! DropHistory.Com My Blog: www.flamewalker.info | ||||
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| | #198 (permalink) |
| Senior Member Join Date: Jan 2007
Posts: 1,524
![]() ![]() ![]() ![]() ![]() | Glad to see you agree FW and that I am not alone in my interpretation - it sounds absolutely outrageous - but I won't be submitting any names and taking the risk - I've got better things to do than to fight court cases
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| | #200 (permalink) |
| NamePros Member Join Date: Jan 2008 Location: Chicago
Posts: 134
![]() ![]() | I've had this post on my mind all day and this is what I've been thinking: How in the hell is the contract binding when they never physically gain possession of my signature or domain? I'll ask my lawyer, but wouldn't a consignment require a signature? Take Paypal for instance. Paypal knows that my bank has my signature agreeing to mastercard terms. Paypay> Mastercard > Bank. So when I bid or sell on eBay I am bound to those terms. ????: NamePros.com http://www.namepros.com/showthread.php?t=449617 Moniker just has my word, so I'm thinking this "contract" is just a scare tactic. How are the agreements filed and if they did take legal action, how can they justify the unreasonable agreement terms? Most of the domains at Moniker are grossly over-priced, even during an economical nosedive, and they will lose loyal, high profile domain buyers if owners change their mind at the last minute for whatever reason. This contract speaks to me in circles and I can't take it seriously.
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Last edited by Pseudo Mod; 07-10-2008 at 01:11 PM.
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