Domain name sale agreement

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An agreement governing the sale of a domain name and associated unregistered trade mark rights.

Author: Alasdair Taylor
Updated: 3 May 2023
Length: 11 pages
Notes: 10 pages
Format: MS Word (.DOCX)

This is a domain name sale agreement template. It can be used to document the sale of a domain name by one person or company to another. The agreement template includes optional provisions allowing for the purchase price to be paid through an escrow agent or other trusted third party. It also provides for the payment of expenses associated with the domain name transfer.

There are a number of seller warranties included in the template domain sale agreement. For instance, the seller may warrant that the domain name has not been used to infringe any third party intellectual property rights.

The document may be adapted to favour the interests of the buyer or seller, or to balance the interests of the parties.

  1. Definitions
  2. Term
  3. Assignment of Domain Name
  4. Domain Name transfer process
  5. Purchase Price
  6. Payment
  7. Payment via Agent
  8. Interest on late payments
  9. Confidentiality obligations
  10. Publicity
  11. Warranties
  12. Indemnities
  13. Limits upon exclusions of liability
  14. Termination
  15. Effects of termination
  16. General

How can I guarantee that the buyer will pay the purchase price after the transfer of the domain name has been completed?

If the seller cannot get the money up-front, then it can be paid to a trusted third party, and held by that third party until the completion of the transfer, at which point it is paid to the seller. The funds are said to be held "in escrow" and businesses that provide this service are called escrow agents. You do not necessarily need to use an escrow business: for example funds may be held by a trusted solicitor or other professional.

Can this agreement be used in relation to the sale of a website rather than just a domain name?

No: there's lots more to a website than just the domain name. For example, the sale of a website might include the sale of the copyright in the website, the transfer of licences to use website software, the assignment of contractual rights and obligations, and so on. None of these matters are covered in this domain name sale agreement.

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