Exclusive Brokerage Acquisition Agreement
This Exclusive Brokerage Agreement (EBA) is between Domain Assets LLC (hereinafter referred to as “Broker” or “DA”) and BUYER (hereinafter referred to as “BUYER”) and is made and effective as of the later of the date on which it is signed by DA and Buyer (the “Effective Date”).
Exclusive Brokerage Acquisition Service: DA will provide domain brokerage acquisition services to Buyer pertaining to the digital asset(s) or domain name(s) listed submitted via the DomainAssets.com online Stealth Acquisitions form.
Domain Names / Digital Assets:
Target Price: Submitted online (aka Buyers budget)
Commission Percentage: 10% of the agreed sales price of the target domain(s) submitted online or 15% if the domain is acquired for less than the target price. (Note: Minimum fee only if successful is $500.00).
Exclusive Brokerage Acquisition Term: Sixty (60) days
1. When a sale occurs, DA will be compensated pursuant to the commission schedule illustrated above, which is to be paid directly to DA from Buyer’s payment less sellers proceeds. The broker’s commission could be split 50/50 with another broker if required to complete a transaction. DA will aggressively pursue the registrants, during the exclusive term.
2. In Acquiring Domain name(s) and/or Digital Asset(s), DA shall:
a. Use commercially reasonable efforts to negotiate the best possible price and terms with qualified sellers/registrants;
b. Not consummate the sale of a Domain Name and or Digital Asset on Buyer's behalf until the offer Price has been approved and an offer has been accepted in writing by Buyer and Seller;
c. Obtain Buyer’s written consent before changing an offer price or terms on any Digital Asset in the event that the previous offer price has not been accepted.
d. Not submit an offer on any Digital Asset in an amount more than buyer has approved unless Buyer has first given its written approval;
e. Work in good faith with Buyer to negotiated the best the price and terms on assets and quickly resolve disputes, if any arise;
f. Perform its responsibilities in a diligent, competent and professional manner; and “Target Price" means the maximum price that the Buyer is willing to offer and which excludes sales commissions and escrow fees.
3. In order to acquire a Digital Asset through Private Brokerage, Buyer shall:
a. Provide DA with any known information regarding the targeted Domains or digital assets, any prior communications with the registrant of owner of the assets to be acquired and other such information the parties may reasonably request from time to time in order to permit DA Brokerage to perform its duties hereunder;
b. Disclose to DA any adverse material facts known to Buyer regarding the Assets and the owner of such assets that Buyer becomes aware of;
c. Not engage domainasssets.com simply to build a case for a WIPO, UDRP or other legal proceeding;
d. During the term of this agreement and For a period of Ninety (90) days following the termination of the Exclusive Brokerage Term, Buyer shall not knowingly and intentionally contact or to enter into any agreement, with individuals, registrants, or entities that were contacted by DA on behalf of buyer with the intent to circumvent the acquisition fees during the exclusive brokerage Term. DA shall provide buyer will complete email correspondence upon request pursuant to this clause within ten (10) days of such requests made, for up to 60 days after termination. In the event that a digital asset is purchased by Buyer in violation of the continuing obligation provisions above, then DA shall be entitled to receive its full commission.
Escrow Procedure: All Digital Assets sold through DA services will be transacted through a designated escrow or transfer service (such as PayoneerEscrow.com, Escrow.com; ESQwire.com; or DN.com); or whichever credible Escrow Service the Buyer designates.
Expiration: The Terms of this Agreement will continue until such time it is mutually agreed to cancel the agreement. The Buyer and Broker agree to give thirty (30) days advance notice in writing when either Buyer or Broker request to terminate the exclusive brokerage term.
Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Virginia – Fairfax County.
Dispute Resolution: In the event of any dispute arising under the terms of this Agreement, exclusive jurisdiction to determine said disputes shall be submitted for resolution to the American Arbitration Association located in Fairfax County, Virginia in accordance with its expedited rules of commercial arbitration. The prevailing party in any proceeding for collection or dispute resolution shall be entitled to recover its costs and expenses, including reasonable attorney’s fees.
Modification: This Agreement may only be modified, amended, or otherwise changed (including this section hereof) by an instrument in writing signed by DA and Buyer.