THIS DOMAIN NAME PURCHASE AGREEMENT (the "Agreement") is entered into on this, ______________ _____, ________.
BY AND BETWEEN:
DOMAIN NAME PURCHASE AGREEMENT WHEREAS
, Landlord has and owns certain rights to a domain name and certain property rights associated with such domain name; andWHEREAS
, Landlord desires to sell to the Tenants its entire right, title and interest in such property.NOW, THEREFORE
, it is agreed between the parties as follows:
- Sale of Domain Name and Related Property.
Landlord agrees to sell, assign and transfer to Tenants, the entire right, title and interest in and to to the domain name (hereinafter the "Domain Name"), trademark rights, and all internet traffic to the Domain Name (collectively referred hereto as the "Property").
- Landlord Warranties and Duties
Landlord hereby represents and warrants that, to the best of their knowledge, Landlord is the sole lawful owner of and has good and marketable title to the Property free and clear of any and all liens and encumbrances, and that Landlord has full legal right, power and authority to sell, assign and transfer the Property. Landlord also warrants that Landlord does not currently know of and has no reason to know of any third party claim to any right, title or use of the Property. Landlord will not execute any agreement in conflict with this Agreement.
Immediately upon delivery of Full payment, Landlord will take any actions that may be necessary or desirable to protect and perfect Tenants title to the Property, including but not limited to, authorizing the change of registered ownership of the Domain Name with their authorized entity. Landlord also agrees to take any actions necessary or desirable to effect the transfer of the Domain Name to a primary and secondary hosting service to be designated by Tenants.
The Landlord hereby acknowledges payment amount of $, to be made payable by , via .
- Delay in Payment and Termination
If Tenants is more than thirty (30) days late on payment made pursuant to Section 3 above, this Agreement will terminate and Landlord will retain any payment amounts made to Landlord up to the date of termination.
- Prosecution and Maintenance of Property
Landlord hereby agrees that he will communicate to the Tenants any facts known to Landlord respecting the Property, whenever reasonably requested, and at Tenants reasonable expense, will testify in any legal proceeding, sign all lawful papers, make all rightful oaths, and generally do everything reasonable necessary to aid the Tenants, its successors and assigns, to obtain and enforce proper protection of the Property in all jurisdictions throughout the world.
- No Conditions To Effectiveness; Entire Agreement.
There are no conditions to the effectiveness of this Agreement. This Agreement contains the entire agreement and understanding of the parties hereto, and supersedes any prior agreements or understandings between or among the parties hereto, with respect to the subject matter hereof.
- Governing Law.
This Agreement, and the rights of the parties hereto, shall be governed by, construed and enforced in accordance with the laws of the State of as such laws apply to agreements among residents made and to be performed entirely within the State of . Any action in respect of, or concerning, this agreement shall be litigated solely in , , and both parties consent to jurisdiction of the person and venue solely in , .
- Amendment and Waivers.
This Agreement may be amended only by an instrument in writing signed by the parties hereto. No waivers of or exceptions to any term, condition or provision of this Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision.
If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby.
- Successors and Assigns.
This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, assigns, administrators, executors and other legal representatives.
- Each party, in entering into this Agreement
Acts as an independent contractor and nothing herein shall be construed to create a partnership or joint venture between the parties or to constitute agency of any sort. Neither party shall have the authority to bind the other.
This Agreement may be executed in one or more counterparts, each of which will be deemed an original but all of which together shall constitute one and the same agreement.
- Attorneys Fees.
In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party shall be entitled to all costs and expenses of maintaining such suit or action, including reasonable attorneys fees.