The Domain Name Sale Agreement serves as a crucial legal instrument for transferring domain name ownership in the United States. This document is essential when buying or selling domain names, whether for business expansion, brand protection, or domain investment purposes. It addresses key aspects including ownership verification, payment terms, transfer procedures, and compliance with ICANN policies and U.S. regulations. The agreement protects both parties by clearly defining rights, obligations, and remedies while ensuring the transaction meets all legal requirements for domain transfers.
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1. Parties: Identification of seller and buyer with full legal names and addresses
2. Background: Context of the sale and brief description of the domain name being transferred
3. Definitions: Key terms used throughout the agreement including 'Domain Name', 'Transfer Date', 'Registration Authority'
4. Sale and Purchase: Core transaction terms including purchase price and payment method
5. Transfer Process: Detailed steps for domain transfer and timeline
6. Seller's Representations and Warranties: Seller's guarantees regarding ownership, rights to sell, and domain status
7. Buyer's Representations and Warranties: Buyer's guarantees regarding payment ability and intended use
8. Governing Law: Jurisdiction and applicable law
1. Escrow Arrangements: Terms for using an escrow service for high-value transactions or when parties require additional security
2. Intellectual Property Rights: Additional IP provisions beyond domain transfer when domain includes associated trademarks or branding
3. Confidentiality: Non-disclosure provisions when transaction details should remain private
4. Post-Transfer Support: Terms for technical assistance after transfer when buyer requires seller's help with transition
1. Domain Details Schedule: Technical details of domain including registration information and DNS settings
2. Transfer Protocol: Step-by-step process for domain transfer
3. Payment Schedule: Detailed schedule of payments if payment is to be made in installments
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