End User Agreement - Who has one?

[MapleDots]

So I have been contacted about one of my domains and its is a pretty decent domain and after some haggling I got a 5k asking price. Looking at the domain again I cannot help feeling there is something going on and the buyer is not the end user. I have a feeling that if I sell the domain I will see it in use and curse myself for not holding out for more.

I read this all the time and remember reading a topic just recently about www.messengerkids.com where the end user ended up being facebook and the domain seller had no idea. Granted he got a decent price but had he known who the end user was going to be I assure you he would have gotten more.

So the question I have is does anyone use an end user agreement?

In other words... I will sell you my domain for 5k if.....

1. You are the end user
2. You have indicated actual end use of the domain to me
3. You will not resell the domain for a period of 1 year
4. etc, etc

Has anyone done that?
Do you have an example of an agreement?
Is it even feasible to try and do this?

What if I give the buyer two choices...

5k with end user agreement

10k without end user agreement

I would just like some opinions and feedback on this one please. Also if you have any personal experience with this.

In the software industry end user agreements are quite common
https://www.google.ca/search?q=end+.....69i57j0l5.5161j0j9&sourceid=chrome&ie=UTF-8

 

[Mister Funsky]

If you have plenty of operating funds and do not/will not need the 5K for a year AND your gut has been right more often than not in the past, I would sit on it. Politely and humbly mention that another party has shown interest and you are doing nothing with the domain for x days. Ask them if they would like for you to keep him/her in the loop and keep fingers crossed.

 

[MapleDots]

Politely and humbly mention that another party has shown interest and you are doing nothing with the domain for x days. Ask them if they would like for you to keep him/her in the loop and keep fingers crossed.

That is exactly what I was thinking, I am hoping they will fess up and say they have inquired before. That is a lot of assuming on my part but I am ok with holding on to the domain, it has a phenomenal logo and I have the matching extension.

 

[Mister Funsky]

I am hoping they will fess up and say they have inquired before.

Yes, that would be optimum response from them...only thing better is if they would respond 'okay, so how much to close the deal today'.

 

[MapleDots]

Yes, that would be optimum response from them...only thing better is if they would respond 'okay, so how much to close the deal today'.

HeHe, then I am back to square one because it has got to be a tech firm wanting it. A private citizen would have no use for that domain.

I'll attach a screen shot and you give am an opinion please.

 

[MapleDots]

So you see it has to be a tech company, a private individual would have no use for that domain.

When I originally bought it I figured a picture tagging company that specifies where the geo location and the date that the picture was taken. I thought maybe a chrome extension or something, hence the logo which looks like a location marker.

 

[Mister Funsky]

Do a giggle search for the last 5 letters...interesting results. I like the logo by the way.

 

[MapleDots]

Yup, now you can see my dilemma. I had very little interest until the last few months, my gut is usually not this wrong. If it is a tech company I could easily be leaving 10k or so on the table by accepting the 5k offer.

 

[Mister Funsky]

My first sale this year was okay, but my gut had told me to raise the price 2K...literally an hour before it sold at a lower price. Gut instinct is often overlooked too much in our modern world. It kept humans alive and multiplying for untold thousands of years. It should be listened to more often whether in business or personal relationships.

I may post the details of that sale in another thread later.

 

[sharfab]

NEVER fall in love with a Domain Name to the extent that you want to still have some type of control over it after you sell it. I can see if this Domain Name was closely attached to a company that you own or to your brand and you needed that as protection, but this isn't the case. Its getting very tough these days to sell Domain Names. Be very mindful of what can be construed as obstacles and hinderance during negotiations. Most buyers go into a deal with skepticism and caution and will likely be turned off with that stipulation. Buyers want to buy Domain Names free and clear. That is why you get the price that makes you feel comfortable or you just don't sell till the right person comes along.....

Do a survey and see if most Domain Owners will sign an agreement, the results will assist you with a answer and give you comfort in your future sales...

 

[MapleDots]

NEVER fall in love with a Domain Name to the extent that you want to still have some type of control over it after you sell it. I can see if this Domain Name was closely attached to a company that you own or to your brand and you needed that as protection, but this isn't the case. Its getting very tough these days to sell Domain Names. Be very mindful of what can be construed as obstacles and hinderance during negotiations. Most buyers go into a deal with skepticism and caution and will likely be turned off with that stipulation. Buyers want to buy Domain Names free and clear. That is why you get the price that makes you feel comfortable or you just don't sell till the right person comes along.....

Do a survey and see if most Domain Owners will sign an agreement, the results will assist you with a answer and give you comfort in your future sales...

If you want it on the cheap you may not have a choice.... unless you want to pay premium.

ie: I am a student and want to put up a school site. I have little to no activity on the domain and I say ok here it is for 200 bucks. Later I see it used for a business doing hundreds of thousands in volume.

A real student would sign if he was the true end user.

Like I said, I don't usually ask for an agreement but this domain is specifically targeted to a startup or similar and I don't believe I am being told to intended use for it. Since it is my domain I am going to follow my gut instincts on this one.

 

[sharfab]

What your gut instinct is telling you is part of what I mentioned in the above message.....

" get the price that makes you feel comfortable or you just don't sell it until the right person comes along".

 

[JanO]

In case the buyer turns out to be a multimillion/billion company; consider / enlighten yourself in a royalty-based deal. 1% of a million is 10K (a year).

 

[offthehandle]

To me it sounds like a company paid to grab the domain and he probably has a much bigger budget.

Go with your gut. You have said you don't need cash. Could be someone like marksmen. lol. www . marksmen . com

 

[canswift]

The name seems to be already in use by an Android/IOS app of the same name. Not going to mention it again in this thread... Maybe they're getting bigger or upping their game and want the exact match domain. Good luck (it's a great name).

 

[BaileyUK]

Always a hard one when a Sale/Price you previously would have been satisfied with starts raising doubts in your own mind. It quite possibly is a Broker being employed by the end user to negotiate the purchase. Hence that initial unprofessional first enquiry. You can always ask for the Business Contact details and phone number for your records, just say you require it for your invoicing records - should a sale complete, There is no reason a end-user should deny that request.

I must admit I tend to do all the investigative work before a reasonably high sale, in fact anytime where I'm not sure of the buyer or I feel there is a broker at work. In this case, I think where they have the Upper-hand at the moment is that it's not really a term (I like to call it 'Word Art') that they are going to find themselves in competition over.to purchase so could possibly play a waiting game. Brokers are the ones that tend to act with some sort of urgency in order to secure their commissions.

One thing I have learnt to do over the years though, is be satisfied with whatever I've finally settled on and take each negotiation as part of the continuing learning process (even after nearly 20 years)

I certainly wouldn't go down the road of trying to install some sort of end-user conditions . then you would be the one coming across as unprofessional/unreasonable in your transactions (unless it was a lease contract)

 

[Smiles76]

Rothex, I understand your reasoning but this domain can only be used for one purpose and that is to launch a new app. It really has no other application so the only question is who want's it?

Imagine if a case like messengerkids.com it is a big massive company, then 10k is a drop in the bucket. What if a company wants to compete with instagram or something. Sure if it was one of my other domains then no problems, I always take 5k and run but I am sooooooooooooooooooo hesitant on this one.

You don't price a name based on the buyer. You price it based on it's worth. If someone is selling a house for $100,000. It doesn't suddenly become worth $1 million because the buyer is wealthy. Also, NEVER EVER assume that more offers will come. Like most things in life, people usually have a backup plan. You are one click away from losing this sell.

 

[BaileyUK]

I agree with Smiles76 Whole heartedly. actually between now and my last post this came in from Sedo.

Today, 10:49



Hi *********,

Just got off the phone with the Buyer. His maximum budget is 850 GBP for ********.co.uk . He will meet all Sedo brokerage charges.

Please let me know if this price is fine with you.

Best regards,

Now I know I could have held out for more, But I sold it at what the domain is really worth - NOT what I thought the buyer could afford, that would have been probably 5 times as much. But this has been in negotiation for a month

 

[MapleDots]

I agree with Smiles76 Whole heartedly. actually between now and my last post this came in from Sedo.

Today, 10:49



Hi *********,

Just got off the phone with the Buyer. His maximum budget is 850 GBP for ********.co.uk . He will meet all Sedo brokerage charges.

Please let me know if this price is fine with you.

Best regards,

Now I know I could have held out for more, But I sold it at what the domain is really worth - NOT what I thought the buyer could afford, that would have been probably 5 times as much. But this has been in negotiation for a month

Great news, a sale always brightens up the day

 

[MapleDots]

I cannot argue with most of the members and their comments but I just want to ask again and get back to the main question.

DOES ANY MEMBER HAVE OR HAS ANYONE EVER USED AN END USER AGREEMENT?

I understand everyone's point but I would like to get back on point for the topic which is the end user agreement and not necessarily whether or not I decide to sell the domain in question.

 

[BaileyUK]

Yes, Sorry for taking that a little bit off-track. I don't think I've ever heard of a end-user agreement for an outright sale, (Apart from the standard transfer and payment) Only for domain lease conditions.

all the best in your endeavours

 

[Brandworthy]

In fact I am almost positive I am not being told the truth.

Cant say the truth is often forthcoming from many prospective domain buyers.

Once you sell a name the new owner can do with it what they want. If you try to start putting conditions on the sale (I presume this is what you mean by wanting an "End User Agreement") things are likely to unravel.

If you're gut tells you it's worth more then ask for more, or politely decline the current offer. If you explain to lead that you have some plans and want to hold onto name rather than that you want more it's likely you'll find out quickly just how interested they are.

 

[Brandworthy]

Jazus, is that the name in question pictured @MapleDots ? I just turned the page to see it.

If I was offered $5K for that I'd take the money and run TBH. I cant read anything but the first 5 letters as first word and grapp as the second, and to my mind that's a lot too close to "crap". Personally I cant make much sense of it as a brand, but hey... opinions are like arseholes (everyone's got one).

 

[MapleDots]

Jazus, is that the name in question pictured @MapleDots ? I just turned the page to see it.

If I was offered $5K for that I'd take the money and run TBH. I cant read anything but the first 5 letters as first word and grapp as the second, and to my mind that's a lot too close to "crap". Personally I cant make much sense of it as a brand, but hey... opinions are like arseholes (everyone's got one).

In most cases 5k will grab almost any of my domains but that is only if no inquiries. It really does not matter what we think or don't think about a domain, in the end the decision is based on my google analytics and how many requests I have had for a domain.

You are so correct, very little to no action and then 3 requests in a row. Tells me there is a demand for this one and if (that is a big if) I decide to sell it for 5k then the end user must disclose use. I will not sell it any other way unless it sits for another year and gets no inquiries.

Yes the selling price is determined by who wants it and I will lay down the rules because it is my domain. That part is simple and to the fact.

I have not disclosed a price and I can just say 50K period. I can say I am willing to look at less if an end user is disclosed.

So who is to say I cannot start out at 50k, if the buyer wants it he has to negotiate not the other way around. I can simply say add a few zeros behind your 5k offer.

 

[MapleDots]

Here is a good website that shows how to set up an end user agreement
https://termsfeed.com/blog/examples-user-agreements/

I was hoping there were a couple out there that I could use as a starting point.

 

[sharfab]

I just went on the website you provided. From the way I interpret there definition of User Agreement, It stipulates the agreement is between an owner or provider of a website, mobile app or web-based service. Are you the owner, operator or provider of your domain name website? Are you providing a web-based service along with the sale of your domain name? Or are you just selling the domain name without a website? Below is the website's definition that you linked to your message.

Definition of User Agreement

The term “User Agreement” refers to any agreement that’s put in place between an owner, operator, or provider of a website, mobile app or web-based service that dictates and defines the scope of rights and responsibilities between both parties.