The agreement is sent with the submission form. If you contact Moniker (
[email protected]) and ask them for a submission for the Miami Show, you will get a submission for AND a copy of the agreement.
Specifically to your question, once the domains have NOT been presented at the auction, they are excluded from the agreement.
The issue has been that folks submitting their domains are rarely aware of whether or not their domains were accepted until literally right before the show.
Assuming you submit your names well before the deadline, you are effectively tieing up your names for a couple of months before you even know if they are indeed being included.
The way it is written now, is that during that time, you ARE covered under the agreement until release by NOT being accepted into the auction(s).
So if you were to sell one of the submitted domains while you are witing to be accepted into the auction, Moniker would then be entitled to a commission on that sale.... even BEFORE the auction.
So again, just be sure you manage yourself and your domains accordingly.
gooster said:
I think that the agreement hasn't been read properly. It specifically says that a) it is 60 days & b) only if the domain is accepted. It may be that I received a different agreement form but this is definitely what it said.
The wording:
Seller grants Buyer/Seller Agent the exclusive right and authority to sell the Name(s) for one hundred and twenty (120) calendar days from the date of submitting/declaring one of the Name(s) on the ADDENDA to this Agreement or sixty (60) days from the conclusion of the first auction taking place after the submission/declaring of the Name(s) on the ADDENDA, whichever occurs later (the “Exclusive Sale Period”).
Point - 120 days from date of submission OR 60 days from conclusion of the auction, whichever comes last.
For Clarification - ADDENDA is the Submission Form where you list your names.
Furthermore is reads:
Once a Name is submitted by Seller, whether by ADDENDA or otherwise, the Name becomes subject to this Agreement, whether or not Seller is notified that the Name has been selected for the auction. If, however, Buyer/Seller Agent notifies Seller that a Name has not been selected for auction, Seller will be permitted to withdraw the Name from submission.
That pretty much sums it up... the domains are locked up until the domain owner is notified otherwise.
GoPC