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Old 06-20-2008, 12:06 AM   #176 (permalink)
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They seem to drag their feet and don't get right back to you. But somehow, they got two of these clunkers in the auction.

I don't get it.

Doc
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Old 06-20-2008, 01:43 AM   #177 (permalink)
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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..
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Old 06-26-2008, 10:54 AM   #178 (permalink)
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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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Old 06-26-2008, 11:03 AM   #179 (permalink)
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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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Old 06-26-2008, 06:55 PM   #180 (permalink)
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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,
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Old 06-26-2008, 08:06 PM   #181 (permalink)
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Originally Posted by mcahn
... you should all read Christies and Sotheby's agreements if you want to see a doozy.

????: 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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Old 06-26-2008, 08:13 PM   #182 (permalink)
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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
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Old 06-27-2008, 08:08 AM   #183 (permalink)
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Originally Posted by mcahn
...Folks, remember we are market makers and inventing the domain auction industry with each auction...
I guess the good news with this is that as the domain auction market matures and other groups discover what a lucrative field it is, we'll see an increase in competition which should result in better terms (at least to a degree) for the domain owner - assuming no collusion between the the primary players (an issue with Christies & Sotheby's a few years back).
????: 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."
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Old 06-27-2008, 08:34 AM   #184 (permalink)
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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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Old 06-27-2008, 09:11 AM   #185 (permalink)
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Originally Posted by on!SPOT
Monte,
i dont think we can compare Christies and Sotheby's worldwide recognizition with any of domain auctions including Moniker's...
There are a lot of options for sellling a domain now but few of them bring as many important buyers together in one place.
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Old 06-27-2008, 09:28 AM   #186 (permalink)
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true, i m not saying that though
Christie's offer a greater cahnce to sell, you cant compare this
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Old 06-27-2008, 11:36 AM   #187 (permalink)
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Originally Posted by on!SPOT
true, i m not saying that though
????: NamePros.com http://www.namepros.com/showthread.php?t=449617
Christie's offer a greater cahnce to sell, you cant compare this
I think your comparing apples to oranges. On other hand, when that contract was written Moniker was the market leader. I don't think that's true anymore.

With companies like Sedo and Bido sponsoring auctions, I wonder Moniker would rank in money earned and domains sold.
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Old 06-27-2008, 11:49 AM   #188 (permalink)
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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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Old 06-27-2008, 03:07 PM   #189 (permalink)
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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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Old 06-30-2008, 01:03 PM   #190 (permalink)
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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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Old 06-30-2008, 07:51 PM   #191 (permalink)
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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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Old 07-01-2008, 05:33 AM THREAD STARTER               #192 (permalink)
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Righttttttttttttttttt


Originally Posted by MaguirePhD
The contact is restrictive, yes.

Sometimes responses are a little slow.

????: NamePros.com http://www.namepros.com/showthread.php?t=449617
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
Right...........there must be 2 of him then. Because the one I dealt with told me those were the terms take it or leave it.

Originally Posted by mcahn
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.

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,

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.

Originally Posted by trevor
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.

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.

Originally Posted by MaguirePhD
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.
????: NamePros.com http://www.namepros.com/showthread.php?t=449617

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.

So, maybe we shouldn't be putting the boots to this guy...just yet.

Doc
Right, I would give him as much credit as the Blossoming Tulip garden owner who sees a manure spreader coming right at his beautiful garden.
Last edited by pixelpadre; 07-01-2008 at 05:53 AM.
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Old 07-05-2008, 04:34 AM   #193 (permalink)
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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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Old 07-08-2008, 07:04 PM   #194 (permalink)
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But, it is a real estate contract...


But I know what you mean, thing is, you must sign it or name won't go in auction(s)
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Old 07-10-2008, 02:09 AM   #195 (permalink)
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Reading


Originally Posted by Charley
This is the problem. I never read them, just agree, sign and send the names.
+1

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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Old 07-10-2008, 09:18 AM   #196 (permalink)
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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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Old 07-10-2008, 09:21 AM   #197 (permalink)
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Originally Posted by advaita
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.
That's what it looks like to me... Although I highly doubt that would hold up in court.
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Old 07-10-2008, 09:26 AM   #198 (permalink)
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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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Old 07-10-2008, 09:39 AM   #199 (permalink)
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Does someone have a copy of the updated terms?

I always thought if your names were not accepted
to the Live/Silent auction, you could request removal
of the submissions in writing...did that change?
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Old 07-10-2008, 01:05 PM   #200 (permalink)
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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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