marketplace What authority does Atom actually have to enforce their terms?

[DomainBFF]

Hello,

I've had my final straw with Atom and I've decided I am done with them. Besides the huge hit in STR when I moved over several premium names, there have been constant issues on their end where they have not held up their claims or assisted me with any slight favors or minor requests.

This all on top of a broken platform that is constantly changing and doesn't provide any real actionable data for months now. I went into this experiment excited by the gamification, but I no longer wish to have the majority of my premium domains that I paid thousands of dollars to acquire listed with their exclusivity, limitations, and higher commissions. It's a bad business decision on my part and I wish I didn't use my legitimately premium domains to speed run getting to Gold.

I don't mind leaving my inventory priced names and am more than happy to still leave over 100 names there, but there are about 80 I can't afford to leave to their rules any longer.

When I went to request 30 day notice, which they make it hard to figure out how to do so, they threatened that I would be in bad standing with them for removing these other premiums even though I am following the 30 day notice rule, which tbh I'd rather just change the NS now and be done with it.

So my question becomes, what can Atom actually enforce with regard to my domains/sales off platform should it occur?

The threats to put me in bad standing compounded with another issue I was chatting with service about broke the camels back, so please let me know your experiences if you have removed names or decided to leave Atom. Or if you have any legal background even better.

I paid them for the coins to add these names, and they're MY names anyways. Also, I very highly doubt they have put in the marketing spend on my names since I began relative to what I paid them in coins to justify them making this an ordeal. Not to mention I added all of my own descriptions etc...

I was happy with still leaving them several names, but now I am thinking of just jumping ship entirely.

Cheers

 

[jberryhill]

Can you be specific about what terms you are talking about, and where they are posted?

 

[cooljub]

they threatened that I would be in bad standing with them

Sounds scary

What are the consequences or possible ramifications of this?

 

[cabotower]

change nameservers

close account

stop bitchin'

 

[DomainBFF]

Can you be specific about what terms you are talking about, and where they are posted?

This is the only one that really matters to me from a legality standpoint. If I decide I don't want them listed anymore what right do they have to my names commissions sold off platform?
https://helpdesk.atom.com/en/articles/997701-domain-marketplace-terms-conditions-sellers

Sounds scary

What are the consequences or possible ramifications of this?

Lol really just taking away the ability to use their platform. I have hundreds of domains I would like to leave premium, but my powerhouse domains and domains I have significant upfront investment in, I have found the exclusivity and commissions nowhere near outweigh the platform's role in promoting the domains.

 

[jberryhill]

If I decide I don't want them listed anymore what right do they have to my names commissions sold off platform?

The right you gave them when you agreed to the terms.

The reason for rules like this should be pretty obvious. Pretty clearly, the point is that they don't want you listing a domain name with them, getting an offer which may have resulted from the listing, and then de-listing the domain name and taking the deal off platform to avoid paying a commission. So, to deter that sort of thing, they ask that you observe a 30 day notice period before doing that. That may be enough to deter routing around their commission structure, unless your buyer is inspired by your integrity by telling them "wait thirty days so I can avoid paying a commission on the sale."

As is typical with Atom, these terms are pretty sloppy and not clearly tied to the dispute provisions of their general terms, which require arbitration. Now, as a practical matter of enforcement, they are going to have to know you sold the domain name(s) you took off the platform, and it is going to have to be worth pursuing you over it. Even if we assume this falls within the arbitration provisions of their general terms, they are going to have to go through the process to collect... what? How much are we talking about here?

It's kind of telling that you are concerned about this. Would I be correct in assuming you have high confidence that you are going to sell one or more of these domain names in the next thirty days, such that waiting out the notice period is going to be a problem for you? Might I ask why you believe that you are likely to conclude a sale before the notice period expires?

 

[URL Stream]

Also, I very highly doubt they have put in the marketing spend on my names

This is a valid concern in the bigger picture as well. While every name is subject to the same rules, is the platform truly investing in all of them equally?

Some names seem to appear on the first page almost every time. It makes me wonder: are these Atom-owned names being promoted at the expense of other listings?

To be clear, this is speculation, and everyone deserves the benefit of the doubt. Still, a statement from Atom would go a long way toward clearing the air.

@Atom.com

 

[jberryhill]

This is a valid concern in the bigger picture as well. While every name is subject to the same rules, is the platform truly investing in all of them equally?

That's a great question to ask oneself before agreeing to the terms, but not when one is deciding whether to abide by them. The terms don't specify any particular degree of effort on their part relative to other names, so there is no obligation that they will all be treated equally.

 

[URL Stream]

That's a great question to ask oneself before agreeing to the terms, but not when one is deciding whether to abide by them. The terms don't specify any particular degree of effort on their part relative to other names, so there is no obligation that they will all be treated equally.

Hence my preface: "This is a valid concern in the bigger picture as well."

 

[alop]

tagging myself cause no one else will do it

thanks

 

[GoKaizen]

The platform has gotten worse.

Too many domains and now they really want to push premium domains instead of brandables that built the platform.

 

[JordanH]

In all reality, just move your domains elsewhere. If you aren't going to use them again, no big deal if you get banned off their platform.

 

[DomainBFF]

In all reality, just move your domains elsewhere. If you aren't going to use them again, no big deal if you get banned off their platform.

That's the part I'm struggling with. I still would like to leave my brandables and inventory quality premiums, but in hindsight I wish I never added the names that sell themselves.

That's a great question to ask oneself before agreeing to the terms, but not when one is deciding whether to abide by them. The terms don't specify any particular degree of effort on their part relative to other names, so there is no obligation that they will all be treated equally.

I also completely understand all of this should have been considered before agreeing to the terms, but over the last 2 months the product is nowhere close to what was advertised and has continually gotten worse in terms of data, dashboard, influx of crap names, burying new listings.

The biggest BS of it all though is they paint the picture that if you give them 30 day notice you're absolved from everything and in good-standing, but I went to give them my 30 day notice on a chunk of names and they're essentially threatening punishment and account suspension for giving them the 30 day notice.

 

[DomainBFF]

The right you gave them when you agreed to the terms.

The reason for rules like this should be pretty obvious. Pretty clearly, the point is that they don't want you listing a domain name with them, getting an offer which may have resulted from the listing, and then de-listing the domain name and taking the deal off platform to avoid paying a commission. So, to deter that sort of thing, they ask that you observe a 30 day notice period before doing that. That may be enough to deter routing around their commission structure, unless your buyer is inspired by your integrity by telling them "wait thirty days so I can avoid paying a commission on the sale."

As is typical with Atom, these terms are pretty sloppy and not clearly tied to the dispute provisions of their general terms, which require arbitration. Now, as a practical matter of enforcement, they are going to have to know you sold the domain name(s) you took off the platform, and it is going to have to be worth pursuing you over it. Even if we assume this falls within the arbitration provisions of their general terms, they are going to have to go through the process to collect... what? How much are we talking about here?

It's kind of telling that you are concerned about this. Would I be correct in assuming you have high confidence that you are going to sell one or more of these domain names in the next thirty days, such that waiting out the notice period is going to be a problem for you? Might I ask why you believe that you are likely to conclude a sale before the notice period expires?

So my issue here is twofold, and I think some extra context is important.

Since the time I joined Atom I have continued to make sales on Afternic and Spaceship (on names not listed on Atom) and then this past weekend I made 3 sales for a cumulative total of $52,488 that were all 3 BIN + Make Offer, with Make Offer being a feature that I thought was allowed on Atom Premium names and had set up in my settings before listing, only to find out that the setting was only applicable to Standard and Plus listings.

My STR has otherwise tanked from where it usually is, and the only common denominator is a huge portion of premium names being stuck at BIN only on Atom + 10% higher on the platforms I usually make sales on.

So I decided with all of my issues with Atom, no sales on the platform, and much more, that I would give them the 30 day notice on a large portion of my premium names that typically sell frequently but have not had any movement since being on Atom.

When I was then met with the threat of Atom putting my account in bad standing for removing too many premium names, after the 30 day notice mind you, I then decided well I may as well just up and leave with all of my names if you're going to punish me regardless. Do I think I will sell one of them in the next 30 days if I added the make offer feature and lowered my prices on the other platforms? Most likely. Do I have a sale lined up I'm asking about particularly? Not at all.

Atom is forcing my hand by threatening to freeze my account for following their 30 day notice policy, so I want to make sure they can't come after me for anything if I just remove my entire portfolio since my account is going to be in bad standing regardless of which path I take.

 

[jberryhill]

You can absolutely discontinue to do business with them. They have the same right to discontinue to do business with you.

It sounds a lot like “The food in this restaurant is terrible, and the portions are too small.”

 

[JordanH]

That's the part I'm struggling with. I still would like to leave my brandables and inventory quality premiums, but in hindsight I wish I never added the names that sell themselves.

Then take all the domains you want off, and dont sell them for 30 days. If you get any inquiries, let them know the domain is currently not for sale (And check back in 30 days)