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I’m in the process of possibly completing the sale of package .in-.co.in domains. The “Interested Party” I have discovered was a frontage for a large corporation (let’s just say this corporation likes to place a “G” in front of all their domain names and products), they tried to lowball me at first with an offer of $1,000 for both. After waiting a few days I responded with “I may be willing to sell if the offer were actually serious” and they came back with “thanks for being honest, how much will it take to for us to acquire these domains?” So now I knew I could set my price but I didn’t get too greedy, I told them I would sell for high $x,xxx and was very firm on this price. They agreed just 50 minutes after my email and suggested we use Escrow.com and they would take care of any costs, of course!
After I agreed at Escrow.com they sent me another email telling me thanks for agreeing and how important it was to bring our agreement to fruition as soon as possible,
as an obscure footnote they mentioned that this email included an attachment, it was a contract “Just a formality” they wrote “just to protect both parties” they stated. Now here’s my problem.
What follows is an excerpt of this contract, the part I have trouble with:
My problem is that I own 11 other variations of this domain and I had expected that these might become very valuable in the near future.
I want to continue with our transaction but not if it requires me to sign under the current conditions.
I suppose I have two options here. One: I tell them this price is far too low because I also own other domains that would be rendered useless if I did sign. Two: I play dumb (pretty easy for me) and tell them I’m satisfied with the Escrow.com agreement and I don’t have interest in obtaining an attorney to examine this contract.
Any advice regarding what I possibly ought to do would be much appreciated. Thanks in advance.
Kimberly.
After I agreed at Escrow.com they sent me another email telling me thanks for agreeing and how important it was to bring our agreement to fruition as soon as possible,
as an obscure footnote they mentioned that this email included an attachment, it was a contract “Just a formality” they wrote “just to protect both parties” they stated. Now here’s my problem.
What follows is an excerpt of this contract, the part I have trouble with:
The contract states that I can never use this G--------- name “or confusingly similar variations” in any other domain again.Best Efforts; Further Assurances. Each party shall use its best efforts to take, or cause to be taken, all action, and to do, or cause to be done, all things reasonably necessary, proper or advisable under applicable laws and regulations to consummate and make effective the transactions contemplated by this Agreement. Seller further agrees to cooperate as necessary and sign all necessary documents to carry out the purpose of this Agreement and to vest in Buyer all right, title and interest in and to the Domain Name and the related Intellectual Property Rights, free and clear of any Liens. Seller agrees not to use the term G---------.CO.IN/G---------.IN (or confusingly similar variations thereof) as a domain name, trademark, service mark, trade name, or other designation of source after the effective date of this Agreement.
My problem is that I own 11 other variations of this domain and I had expected that these might become very valuable in the near future.
I want to continue with our transaction but not if it requires me to sign under the current conditions.
I suppose I have two options here. One: I tell them this price is far too low because I also own other domains that would be rendered useless if I did sign. Two: I play dumb (pretty easy for me) and tell them I’m satisfied with the Escrow.com agreement and I don’t have interest in obtaining an attorney to examine this contract.
Any advice regarding what I possibly ought to do would be much appreciated. Thanks in advance.
Kimberly.















