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View Full Version : Some of the contents of the domain agreement!!



onassis
08-07-2007, 06:32 AM
I have completed the draft agreement and attach some of the contents below.

Please feel free to suggest the terms and conditions that are mutual beneficial for all parties.

Amendment of the contents will be applied as long as it is mutual beneficial for all parties.

The agreement sequences:

1) Domain agreement to secure the domain (The legal liability for domain owners and us )
2) Joint Development Agreement (Developments disclosure and profit sharing scheme among us).

I have completed the domain draft agreement, with some contents listed :

1. TERM OF THE AGREEMENT: Domain Owner grants Agent the exclusive right and authority to manage the Domain Name for a period of one thousand two hundred (1200) calendar days from the date of declaring one of the ADDENDA to this Agreement (the “Leasing Period”). The ADDENDA to this Agreement shall consist of, but are not limited to, those items submitted by Domain Owner and which are selected and accepted by Agent to secure clients and advertisement. This exclusive right and authority will automatically renew at the end of each period unless agent is notified in writing within 30 days of expiration.


4. ROYALTY

i) In consideration of Agent design and service to Domain Owner hereunder, Agent shall pay to Domain Owner during the effective period of this agreement, the following amounts.

Financial Year end 31th Dec of every year 30% Net Product Profit

ii) Designation of Currency. Etc.

The payments to be made by Agent to Domain Owner under this Agreement shall be made in United States dollars calculated on the basis of the foreign rate adopted by the authorized foreign exchange bank on the day such payments are made and shall be made to the bank or other places which Agent may designate, from time to time, in writing.


6. OBLIGATIONS OF THE AGENT

6.1 Agent shall promote the Domain Name of this agreement and find suitable sources to enhance the awareness of the Domain Name.

6.2 Agent shall develop and maintain at its own cost, sufficient personnel having the knowledge and development necessary to develop potential Domain Names for the Domain Owner.

6.3 Agent shall carry on its operation in a professional manner as a representative of the Domain Owner, and shall conduct itself in a manner that reflects favorably on the Domain Name.



7. AGENT COMPENSATION:

a. Domain Owner agrees to compensate a fee for each or any Name sold (the “Fee”) equal to thirty percent (30%) of the Total Sales Price of such Domain Name.


8. OBLIGATIONS OF THE DOMAIN OWNER

8.1 Domain Owner shall make effort to support all Development efforts and /or plans of the Agent.

8.2 Domain Owner is not allowed to solicit business within Agent premises.

8.3 Domain Owner shall not, without the prior consent of the Agent, use the name of the Agent or any picture or likeness of the Agent.


INTELLECTUAL PROPERTY RIGHTS AND TRADEMARKS

9.1 Domain Owner shall only support Domain Name which is not under any TRADEMARKS with respect of this agreement.

9.2 Domain Owner shall indemnify and defend the Agent against, and hold Agent harmless from, all claims, liability, suits, losses, damages, and expenses (including legal and attorney’s fee’s ) brought by a third party against the Agent arising out of or relating to any intellectual property and trademarks infringement or alleged infringement and/ or brench by the Domain Owner.

Scandiman
08-07-2007, 12:48 PM
I want to be sure I understand the basics: is the Owner/Agent split of net monetization income is 30/70 and the split of the domain sale is 70/30?

Javier Marti
08-07-2007, 02:20 PM
Well done Onassis, interesting project!
What does exactly this point refer to?:
""8.2 Domain Owner is not allowed to solicit business within Agent premises.""

onassis
08-07-2007, 02:37 PM
I need to highlight that I am not a certified lawyer.


Q1)the split of the domain sale is 70/30?

The domain sale only occur when domain owner sell the domain name during the period of the agreement. It sort of compensation fees for devteam.mobi and not including the damages done towards the clients due to the domain name sale linked to

9.2 Domain Owner shall indemnify and defend the Agent against, and hold Agent harmless from, all claims, liability, suits, losses, damages, and expenses (including legal and attorney’s fee’s ) brought by a third party against the Agent arising out of or relating to any intellectual property and trademarks infringement or alleged infringement and/ or brench by the Domain Owner.

Q2)is the Owner/Agent split of net monetization income is 30/70 ?
The term “Net Product Profit” means the difference between the Domain Name revenues and expenses, divided by the Domain Name revenues (stated as a percentage) that is earned by Agent from time to time, after deduction of the operating, design, advertising, commission and commodity tax, if any, directly applicable to the Domain Name. [/font]


I want to be sure I understand the basics: is the Owner/Agent split of net monetization income is 30/70 and the split of the domain sale is 70/30?

onassis
08-07-2007, 02:43 PM
Q1)Domain Owner is not allowed to solicit business within Agent premises?

It mean that domain owner is not allowed to conduct business linked to it domain name within Agent premises.

Premises Term:

The location where Agent operating it business.

It is to avoid confusion among all parties.



Well done Onassis, interesting project!
What does exactly this point refer to?:
""8.2 Domain Owner is not allowed to solicit business within Agent premises.""

Scandiman
08-07-2007, 03:38 PM
What laws will govern this agreement?

onassis
08-08-2007, 12:05 AM
It yet to be decided as it will be based upon the location where most members situated. To be fair.

Scandiman
08-08-2007, 12:35 AM
I think I'm missing something, could you go back to the basic concept and describe the overall objectives of this agreement within the context of the lifetime of the agreement? At the most basic level, you are trying to connect a domain owner and a developer into a mutually beneficial relationship. The site gets developed, now what? Is the goal to sell the developed site with the domain or only to monetize? If the domain is not sold and the agreement expires, who owns the domain and who owns the developed site?

onassis
08-08-2007, 05:47 AM
One more days, devteam.mobi will be one week old. Please notes : devteam.mobi need all the assistances and helps from you folks to be success.

Join Devteam.mobi now (Refer name: egnited)


Q1) The site gets developed, now what?

It shall be developed based on below mentioned:

cityproperty.mobi
You could use this for listings of commercial or commerical foreclosed properties that are for sale. You can work with Real Estate Agents, Government listings and BuyOwner sales services to lists these commercial properties in various cities by zipcode. Set your contracts so that you get a small commission for every property listed and sold. Between that and ads revenue....this should work.

greatproperty.mobi
You could use this for listing residential and commerical properties that have a listing of greater than $1 Million dollars. You will need to work with Realtors and or MLS sevices to get this but the business model would work similar to what I mentioned earlier.

propertymart.mobi
You could use this for listing companies and services that specialize in listing and managing residential and commercial properties. You could have a rating services that is based on customer responses for companies and services listed on this site.

propertywatch.mobi
You could use this for creating a search flag service. This search mechanism would search the Internet at periodic times that was specified by the user to find listings of properties for sale that meet a certain criteria. You could charge a subscription for the service or work out a revenue sharing mechanism with BuyOwner sales services.

totalproperty.mobi & propertyguide.mobi
You could use this as a tool for property management. This site could contain information, software and tools for handling and managing real estate properties. Some of the many tools of course could be accessible by phone.

worldproperty.mobi
Same as greatproperty but with a global perspective.

asiaproperty.mobi
Same as greatproperty but with asia perspective.

europeproperty.mobi
Same as greatproperty but with europe perspective.

australiaproperty.mobi
You could use this for listing residential and commerical properties. You will need to work with Realtors and or MLS sevices to get this but the business model would work similar to what I mentioned earlier.

singaporeproperty.mobi
You could use this for listing residential and commerical properties. You will need to work with Realtors and or MLS sevices to get this but the business model would work similar to what I mentioned earlier.

Suggestion from Newton
Hook up with a large property/reality company that has a database of properties and incorporate that into the site. Alternatively you could join an affiliate program that provides the property databases and you take a cut on everything sold or even setup an sms site that texts prospective clients about properties just on the market. How about video tours of houses that work on mobile phones where prospective clients can view the house wherever they are in the world by downloading for a fixed fee a month?

Q2) Is the goal to sell the developed site with the domain or only to monetize?

No, our goal is to develop the site for beneficial to the public while giving 30% Net Product Product to the domain owner rather than the site being undeveloped. All the development issues will be handle by devteam.mobi.

Q3) If the domain is not sold and the agreement expires, who owns the domain and who owns the developed site?

The domain owner still own the domain name with respect of this agreement when the agreement expired. The agreement will auto renewal unless notified by the domain owner by US mail or registered mail.

Devteam.mobi will owns the developed site as domain are just pointed to the specific nameserver that we instructed.






I think I'm missing something, could you go back to the basic concept and describe the overall objectives of this agreement within the context of the lifetime of the agreement? At the most basic level, you are trying to connect a domain owner and a developer into a mutually beneficial relationship. The site gets developed, now what? Is the goal to sell the developed site with the domain or only to monetize? If the domain is not sold and the agreement expires, who owns the domain and who owns the developed site?