SnapNames Seller Agreement

SnapNames Auction and Brokerage Seller Agreement
TERMS OF SERVICE

Updated: September 22, 2014

This document governs your participation in any live or online auction or Brokerage sale of internet domain names, including silent or extended online auctions following a live auction and websites on which internet domain names and any associated intellectual property may be purchased and sold (an "Auction") conducted by SnapNames Web.com, LLC. ("SnapNames", "we," "us", and/or "our") of internet domain names ("Names") submitted by you (in such capacity, a "Seller") for inclusion in an Auction or privately brokered sale. Live and online auctions, and Brokerage services offered through SnapNames Auctions are referred to herein as the "SnapNames Services" and online auction and listing services offered through SnapNames on its website are referred to herein as the "SnapNames Services."

By creating a Seller account or submitting any Name for sale in any Auction with SnapNames and using the SnapNames Services offered hereunder (collectively, the "Services"), you are agreeing to be bound by these terms of service ("Terms of Service") which includes all of our terms and conditions and policies referenced herein such as our Fee Schedule and Policies below, Live and Extended Transfer Policies and Procedures below, and SnapNames' Privacy Policy. We strongly encourage you to read not only the Terms of Service reflected herein, but the terms of any other linked information referenced herein.

In order to participate in any privately brokered sale or Auction you MUST first agree to be bound by these Terms of Service. We reserve the right to change any of the terms and conditions contained in these Terms of Service, our Fee Schedule and Policies below and our Privacy Policies at any time without notice. You are responsible for complying with any changes to these documents within ten (10) days of the date of change.

1. Seller Responsibilities
In order to sell a Name in an Auction or Private Brokerage, Seller shall:

1. make available to SnapNames one or more Names to sell at such Auction or private/public sale, whether through submission of names electronically through the SnapNames websites or by email, fax, or other online submission process, provision of a hard-copy of these Terms of Service with an appropriate Addendum or notification of Names through e-mail or fax submission;
2. promptly upon request by SnapNames, provide SnapNames with complete and accurate information regarding Seller, the Name(s) and such other information and data as SnapNames may reasonably request from time to time in order to permit SnapNames to perform its duties hereunder;
3. disclose to SnapNames any facts regarding the Name(s) that may have arisen or of which Seller becomes aware before, during or after submission of a name for inclusion in an Auction;
4. not submit for sale Names (i) which may infringe upon or violate the intellectual property rights of other persons, (ii) for which Seller does not have right, title and interest to, or the authority to sell to third parties free and clear of all liens, claims, encumbrances, licenses and security interests, or (iii) which are the subject of litigation, arbitration, claims, disputes or other legal proceeding, either pending or threatened, or if so submitted, paying to SnapNames any applicable fees due SnapNames;
5. in order to facilitate the rapid order fulfillment at the close of an Auction or private brokerage sale upon notification from SnapNames that a Name has been accepted for inclusion in an Auction or brokerage sale, immediately take any and all steps necessary to effect a transfer of the Name(s) to a registrar account designated by SnapNames (which may be Seller's registrar account with SnapNames or any of its affiliated registrars) and in the event that Seller fails to effect the transfer of a Name before such Auction actually starts, to pay a handling fee to SnapNames, if so requested by SnapNames (See Fee Schedule and Policies below);
6. refer to SnapNames all previous, pending and future inquiries from brokers, agents, purchasers or others interested in the Names tendered to SnapNames for sale at such Auction;
7. assist SnapNames with the marketing and sale of the Name(s) as may reasonably be requested (such assistance shall be at SnapNames' sole expense unless Seller provides express written authorization in advance);
8. in the event that (i) Seller fails to honor its obligation to deliver a Name which has been purchased in an Auction or if Seller has accepted an offer, written or oral, presented by a SnapNames Broker (ii) Seller erroneously submits a Name(s) to SnapNames which Seller does not in fact own or otherwise have the right to sell and such error is not discovered by SnapNames or by Seller prior to the sale of such Name(s) by SnapNames, pay to SnapNames the fee amount that SnapNames would have collected for the sale had it occurred at the reserve price or the price accepted if privately brokered, (See Fee Schedule and Policies below), in addition to any other remedies that SnapNames may have at law or in equity; and
9. refrain from bidding during the Auction, either directly or via an agent, on the Name(s) provided by Seller.
10. seller agrees to execute the SnapNames Sales Agreement upon the sale of Seller's domain(s).

2. SnapNames Responsibilities
In selling a Name submitted by Seller for sale at an Auction or Brokerage sale and accepted by SnapNames for inclusion in such Auction, SnapNames shall:

1. use commercially reasonable efforts to secure buyers for such Name(s) at or above the reserve price, provided that in SnapNames' sole discretion it may choose not to sell or list a particular Name for sale for any reason;
2. not consummate the sale of a Name on Seller's behalf (i) unless and until a reserve price has been agreed upon or offer accepted by Seller (via email or phone) between SnapNames and Seller, (ii) in the event that the reserve price has been agreed upon, but is not met, unless and until Seller has given its written consent (which may be accomplished by e-mail) to the proposed sales price for such Name below the reserve price and (iii) if the buyer of the Name has defaulted in its obligation to consummate the sale of the Name;
3. handle customer billing, collections and order fulfillment;
4. work directly with Seller to quickly resolve disputes, if any arise;
5. perform its responsibilities in a diligent, competent and professional manner; and
6. refrain from bidding during such Auction, either directly or via an agent, on such Name(s).
7. As used herein, the term "reserve price" means the minimum price that the Seller is willing to accept, net of commissions and fees
8. Seller acknowledges that nothing in these Terms of Service require SnapNames to render services solely to Seller or to devote its entire business time and effort to the performance of its duties hereunder. In furtherance of the foregoing, Seller further agrees that SnapNames shall have the right to act as an agent, sales representative, distributor and/or marketing agent for persons and entities other than Seller, including, without limitation, persons and entities who are or who may be in competition with Seller.

3. Exclusivity Provisions Applicable to Certain Auctions
The following terms apply to all Sellers submitting Names for sale at an Auction or Private Sale depending on the class of Services used.

3.1 Exclusive Sale Period for SnapNames Showcase Auctions
For all names submitted by Seller to SnapNames for private sale or for in inclusion at live and online Auctions conducted by SnapNames Showcase Auctions, Seller grants to SnapNames the exclusive right and authority to sell such domain names for a period of (a) sixty days (60) calendar days from the date of such submission (whether through online submission process, addenda, e-mail or other written correspondence) or (b) sixty (60) days from the conclusion of any auction or private brokerage negotiation taking place after the submission/declaring of the Name(s) on the addenda, whichever occurs later (the "Exclusive Showcase Sale Period"). Seller agrees to allow SnapNames to market Seller's domains to prospective buyers on behalf of Seller, to negotiate and accept offers on Seller's behalf. Seller agrees that accepted offers form a legally binding commitment by Seller, and a sale shall only be cancellable in the event that a Buyer defaults on their payment. All offers that are presented by a SnapNames broker and are accepted by Seller (via email or phone) are legally binding. Any name which is not sold at a particular auction can be sold in subsequent private brokerage or future auctions run by SnapNames, in which case the Exclusive Showcase Sale Period will automatically renew for an additional sixty (60) days at the end of each term unless Seller notifies SnapNames in writing within fifteen (15) days of expiration of the Exclusive Sale Period that it is terminating such period. All domains submitted to and accepted by SnapNames for auction or brokerage will continue to be marketed by SnapNames and may be listed as a premium domain name available for unsolicited bids.

3.2 Exclusive Sale Period for SnapNames Services (see sec 3.1 for SnapNames Showcase Auctions)
For all names submitted by Seller to SnapNames for private sale in inclusion at online Auctions conducted by SnapNames, Seller grants to SnapNames the exclusive right and authority to sell such domain names for so long as either (a) such Name is being considered for inclusion in an Auction at SnapNames, or (b) such Name is available for order or is at auction on SnapNames' website (the "Exclusive SnapNames Sale Period" and together with the Exclusive Private Sale Brokerage Period, the "Exclusive Sale Period").

3.3 Restrictions During Exclusivity
During the Exclusive Sale Period, Seller agrees not to (a) sell, or offer for sale, the Names except for sale through an Auction or private / public sale or (b) use, appoint or engage any person or entity other than SnapNames to act as its agent, sales representative or in a similar capacity with respect to the Names during the term of this Agreement. In the event that Seller sells or markets the Names directly to a buyer or through any person or entity other than SnapNames during the term of this Agreement, SnapNames shall be entitled to receive its full fee for the sale of such Name (See Fee Schedule and Policies below).

3.4 Non-Circumvention
In addition to any other rights SnapNames may have, if a Name is accepted for an Auction or private / public sale, during the Exclusive Sales Period, and in the case of the Exclusive Sale Period, for a period of one year following the termination of the Exclusive Sale Period, Seller shall not, directly or indirectly:

1. knowingly make contact or attempt to make contact, solicit or attempt to solicit, negotiate or attempt to negotiate, enter into or attempt to enter into any agreement, and/or transact or attempt to transact any business with any potential purchaser (or such purchaser's attorneys, agents (other than SnapNames), representatives, employees, officers, directors, principals, owners, shareholders, members, managers or any person or entity that is connected, directly or indirectly, with such purchaser) previously contacted by SnapNames by email, regular mail or in person during the exclusive period ,except to the extent such contact is through, or with the prior written consent of, SnapNames; or
2. Commit any other acts, directly or indirectly, which would affect in any way whatsoever, circumvent the restrictive covenant stated in Section 3.3(a) above.

In the event that Seller violates the provisions of this Section 3.4, SnapNames shall be entitled to receive its full fee as if such name were sold for the reserve price or an offer otherwise accepted by the Seller (See Fee Schedule and Policies below).

4. Domain Transfer
The following terms apply to all Sellers desiring to submit Names for sale using the SnapNames Private Brokerage and auction Services and SnapNames Showcase Auctions. The provisions of this Section 4 do not apply to those Sellers submitting their Names for sale using the SnapNames Services.

All Names to be sold using the SnapNames Private Brokerage and Auction Services and SnapNames Showcase Auctions will be transacted through SnapNames' Domain Transfer Service (the "Transfer Service"). Unless otherwise expressly agreed in writing, SnapNames will act as a secure technical intermediary and will hold the Name in a restricted account for the ultimate buyer of the Name during the change of ownership process. To effectuate the intent of the foregoing, if a Name has been purchased in an Auction conducted by SnapNames, Seller shall transfer such Name to a restricted registrar account established by SnapNames who will hold the money received by the Buyer until all conditions to the closing of the transfer process have been satisfied. Once all conditions precedent have been satisfied, (a) SnapNames shall remit the net purchase price amount (Buyer's purchase price less any applicable Fee that would have been earned by SnapNames according to the Fee Schedule and Policies below) to Seller and (b) SnapNames shall have the Name transferred from the restricted account to the buyer and will change ownership of the Name to the buyer in this process. SnapNames may at its sole discretion, allow the change of ownership to occur at any registrar of its choice during this process. Further terms and conditions applicable to the Transfer Service are set forth in our Live and Extended Transfer Policies and Procedures below and such terms and conditions are deemed a part of these Terms of Service.

5. Fees and Taxes

1. SnapNames and Seller will mutually agree upon reserve prices for any and all Names submitted by Seller and accepted by SnapNames for inclusion in an Auction. Reserve prices may be modified as requested and mutually agreed before or during an Auction or privately brokered sale.
2. For every Name submitted by Seller which is sold in an Auction or private/public sale, (i) SnapNames shall be entitled to a fee in accordance with the Fee Schedule and Policies and (ii) SnapNames shall use its commercially reasonable efforts to remit the sale price, net of all applicable fees, to the Seller within seven (7) days following the consummation of the sale, it being understood that in certain circumstances (e.g., selling a large portfolio of Names combined with other assets) it may not be possible or practical to remit such sale price within such seven (7) day period and a longer period of time may be required to remit the applicable purchase price.
3. SnapNames shall have no obligation to deliver any transfer documents until it has received payment of the required Fee.
4. Seller understands and agrees that taxes with respect to any sales of Names(s) in any Auction will not be withheld or paid directly or indirectly by SnapNames. Seller understands and agrees that it is Seller's responsibility to pay all local, state, federal, and/or foreign taxes on the proceeds received by it from any sale of a Name at an Auction, other than any Fees collected and retained by SnapNames. SnapNames understands and agrees that it is its responsibility to pay all local, state, federal, and/or foreign taxes on the Fees received by it with respect to the sale of any Name at an Auction.

6. Representations, Warranties and Covenants

6.1. Representations, Warranties and Covenants of Seller
Seller hereby represents warrants and covenants as follows:

1. it has the full power and authority to perform its obligations set forth herein, including the power to sell, transfer, convey and deliver, good, valid and marketable title to the Names proposed to be sold by it in the Auction;
2. no action or relationship described or contemplated by these Terms of Service (including the sale of Seller's domain by SnapNames) infringes, or will cause to be infringed, the intellectual property rights of any third person;
3. no Names submitted for sale at an Auction are subject to any lien, claim or encumbrance or any legal action or threat;
4. any material information provided by Seller about any Name(s) submitted for sale at an Auction, including but not limited to traffic statistics, previous purchase prices, and/or pay per click advertising earnings, is accurate to the best of Seller's knowledge;
5. it will perform its obligations under this Agreement in a timely manner, in good faith and with all due skill and care;
6. its performance under this Agreement shall comply with all applicable laws, regulations and policies; and
7. it will not use jointly produced marketing materials without written permission.

6.2. Representations, Warranties and Covenants of SnapNames
SnapNames hereby represents warrants and covenants as follows:

1. it has the full power and authority to perform its obligations set forth herein;
2. it will perform its obligations under this Agreement in a timely manner, in good faith and with all due skill and care; and
3. its performance under this Agreement shall comply with all applicable laws and regulations.

6.3. Limitations on Representations and Warranties

SELLER ACKNOWLEDGES THE ADVANCED AND SPECULATIVE NATURE OF DOMAIN NAME SALES AND AUCTIONS AND UNDERSTANDS THAT NO GUARANTEES OR WARRANTIES CAN BE MADE OR EXPECTED WITH RESPECT TO SUCH CONCEPT OR THE SERVICES CONTEMPLATED HEREIN. EXCET AS EXPRESSLY SET FORTH HEREIN, SELLER THEREFORE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR THE PARTICULAR PURPOSE OR USE, AND EACH PARTY AGREES THAT THERE ARE NO WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SNAPNAMES SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING (A) THE SUCCESS OF A SALE OF ANY NAME, (B) THE NUMBER OF PERSONS, IF ANY, WHO MAY VIEW THE NAME FOR SALE, AND (C) THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF THE SERVICES OFFERED HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SNAPNAMES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE INABILITY OF A NAME TO BE SOLD, EVEN IF SNAPNAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF SNAPNAMES FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SELLER.

7. Indemnification; Remedies
Seller agrees to indemnify, defend and hold harmless SnapNames and its parent companies and subsidiaries and their respective officers, directors, shareholders, affiliates, employees, agents, successors and assigns (the "SnapNames Parties"), at its expense, from and against any and all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by the SnapNames Parties, known or unknown, contingent or otherwise, directly or indirectly arising from or related to any breach of a warranty by Seller or failure to perform any covenants required of Seller under these Terms of Service. Seller agrees that irreparable damage would occur in the event that any of the provisions of these Terms of Service were not performed by Seller in accordance with their specific terms or were otherwise breached. It is accordingly agreed that SnapNames shall be entitled to an injunction or injunctions to prevent breaches of these Terms of Service by Seller and to enforce specifically the terms and provisions of these Terms of Service, this being in addition to any other remedy to which SnapNames are entitled at law or in equity.

8. Privacy Policy

SnapNames' Privacy Policy is hereby incorporated by reference into these Terms of Service. The SnapNames Privacy Policy provide's your rights and SnapNames' responsibilities with regard to your personal information. Except as otherwise provided for herein, SnapNames shall not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. For purposes of these Terms of Service, information about the Names provided by Seller and the transactions those domains generate, including pricing, reserve prices, and actual sales prices shall not be considered personally identifiable information or confidential information subject to any duty of confidentiality.

9. Intellectual Property
As between SnapNames and Seller, SnapNames shall own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), including but not limited to, all software, technology, materials, guidelines, documentation (and any derivative works or enhancements thereof), relating in any way to the conduct of the Auction and the Services provided hereunder. For purposes of the Agreement, "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

10. Modifications and Waivers
SnapNames reserves the right to change any of these terms and conditions at any time without notice. Seller is responsible for complying with any changes to the terms and conditions within ten (10) days of the date of change. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Service shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by SnapNames in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

11. Governing Law; Jurisdiction and Venue
These Terms of Service will be governed by the laws of the United States of America and the State of Florida, without regard to conflict of laws principles, as if the Agreement was a contract wholly entered into and wholly performed within Duval County in the State of Florida. You agree that any judicial proceeding relating to or arising out of this Agreement or the Services shall be instituted only in a federal or state court of competent jurisdiction in Duval County in the State of Florida, and you consent to the personal jurisdiction of such court and waive the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or forum non conveniens or to otherwise seek a change of venue. You also agree to waive the right to trial by jury in any action that takes place relating to or arising out of these Terms of Service. SELLER AND SnapNames AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. Attorney's Fees
If SnapNames prevails in any action, suit, or proceeding arising from or based upon these Terms of Service, SnapNames shall be entitled to recover from Seller SnapNames' reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or collection proceeding.

13. Miscellaneous
SnapNames and Seller are independent contractors and do not intend to create any partnership, joint venture, agency, franchise, sales representative or employment relationship between them. Seller may not assign any of its rights or delegate any of its duties under these Terms of Service without the prior written consent of SnapNames. Despite such consent, no assignment shall release Seller of any its obligations or alter any of its primary obligations to be performed under these Terms of Service. These Terms of Service shall bind and inure to the benefit of Seller's and SnapNames' successors, permitted assigns, heirs, executors and administrators of the parties to these Terms of Service. If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Except as may be set forth in an written agreement signed between SnapNames and Seller which specifically amend or supplement these Terms of Service, these Terms of Service constitute the final, complete, and exclusive statement of the terms of the use of the Services between the parties and supersedes all prior and contemporaneous agreements, negotiations or understandings or agreements with respect hereto. Notice must be given to SnapNames at the address set forth on its respective website and to Seller at the administrative address listed in the Seller's account. Notice will be deemed to have been received upon personal delivery (including confirmed fax), one day after mailing by nationally known overnight carrier or five (5) days after mailing by certified mail, return receipt requested. These Terms of Service are made solely for the benefit of SnapNames and Seller and their respective successors and permitted assigns, and no other person or entity shall have or acquire any right by virtue of these Terms of Service. The headings in these Terms of Service are included for convenience only and shall neither affect the construction or interpretation of any provision in these Terms of Service nor affect any of the rights or obligations of the parties these Terms of Service.

Auction and Brokerage Seller Fees & Policies

Auctions are held daily online and at live events featuring an auctioneer and real-time online bidding.

It is typically free to submit a domain for consideration in a live or extended auction or to schedule a daily online auction. Fees are typically only charged for sold domains at the completion of a sale.

Additionally, policies have been set-up to promote a fair and efficient marketplace for both buyers and sellers.

Fees

The seller payout amount is the final selling price of the domain less any fees. *Fees are assessed based on the type of auction it is sold at as follows:

SnapNames Daily Online Auction Fees
Submission Fee	Free
Commission Fee	20% of the final selling price
Handling Fee Important: All domains scheduled for an online auction must be in your SnapNames registrar account prior to the auction being scheduled	Free
Placement in Promotional Emails and Auction Lists	Free
Auction Example:
Your Reserve Price	$1,000
Winning Auction Sales Price	$2,500
Commission Fee @ 20%	($500)
Your Net Payout	$2,000

Premium Live Event and Extended Auction Fees featuring an auctioneer and real-time online bidding
Submission Fee	Free
Commission Fee	15% of the final selling price 20% of agreed sale price if sold through private brokerage
Handling Fee 1. With domain name in your SnapNames registrar account prior to the event your domain has been selected for.	Free
2. With domain name not in your SnapNames registrar account. To avoid this fee, simply transfer domains selected for the auction catalog into your SnapNames registrar account prior to the auction.	$100 per domain name (above $100 fee does not apply to private brokerage sales)
Placement in Promotional Emails and Auction Lists	Free
Auction Example:
Your desired Net Payout	$5,000
Reserve Price Before 15% Commission	$5,882 minimum
Winning Sales Price	$25,000
Commission Fee @ 15%	($3,750)
Your Net Payout	$21,250 if domain at our registrar
Your Net Payout	$21,150 if domain not at our registrar

SnapNames Showcase Auction Fees featuring hand-picked domains with online bidding
Submission Fee	Free
Commission Fee	15% of the final selling price 20% of agreed sale price if sold through private brokerage
Handling Fee 1. With domain name in your SnapNames registrar account prior to the event your domain has been selected for.	Free
2. With domain name not in your SnapNames registrar account. To avoid this fee, simply transfer domains selected for the auction catalog into your SnapNames registrar account prior to the auction.	$100 per domain name (above $100 fee does not apply to private brokerage sales)
Placement in Promotional Emails and Auction Lists	Free
Auction Example:
Your desired Net Payout	$5,000
Reserve Price Before 15% Commission	$5,882 minimum
Winning Sales Price	$25,000
Commission Fee @ 15%	($3,750)
Your Net Payout	$21,250 if domain at our registrar
Your Net Payout	$21,150 if domain not at our registrar

*Remember to visit this page prior to submitting or scheduling auctions as fees are subject to change.

Policies

Please be sure to review the policies before submitting or scheduling a domain for auction.

Sellers can promote domains for auction by referring others to the SnapNames marketplace and forwarding all leads and inquiries to your SnapNames Account Executive.

Sellers cannot do the following:

• Take any action to avoid fees while under non-circumvent or exclusivity terms (see examples below).
  Examples of circumvention of the SnapNames fees include, but are not limited to:
• Contacting potential buyers or bidders with the intention of avoiding fees by selling a domain outside of the SnapNames live event or extended online auction and SnapNames marketplace.
• Requesting an auction cancellation or removing a domain submitted for consideration in an auction.
• Setting a reserve price above the market value in an attempt to gain exposure for a sale outside of the SnapNames marketplace.
• Directly selling a domain to an interested party within one year that was a direct or indirect result of sales and marketing efforts of a Live or Extended Auction; such as exposure generated from articles, press releases, advertising and sales any other activities.
• Attempt to avoid paying any applicable fees on the sale of a domain outside of the SnapNames marketplace while under an exclusivity period.
• Accept a Bid through auction or private brokerage communications and then later renege/cancel the acceptance of the sale for any reason.
• Bid on a domain that is owned or represented by the seller, often referred to as shill bidding.
• Misrepresent any data or information provided about the domain including traffic statistics, revenue, use complaints, ownership rights, or legal proceedings.

(See the seller agreement for exclusivity and non-circumvention details.)

If a policy violation occurs, commission fees are immediately due, an auction may be ended and parties involved may be prevented from participating in the SnapNames marketplace.

© Copyright SnapNames. All rights reserved. All registered trademarks herein are the property of their respective owners.

SAMPLE of Seller Sales Agreement for auction and for Private Brokerage Sales:

AUCTION SALE AGREEMENT

This AUCTION SALE AGREEMENT (this "Agreement") is made and entered into as of the date set forth on the signature page hereto by the person or entity set forth below under the heading "Seller" on the signature page hereto (the "Seller").

WHEREAS, Seller has previously agreed to be bound by the Auction and Sale Terms of Service (the "Seller Agreement") relating to the Seller's participation in a live or online auction of internet domain names, including a silent or extended online auction following a live auction (an "Auction"), conducted by SnapNames Web.com, LLC ("SnapNames") and

WHEREAS, Seller desires to consummate the sale of certain domain names for which a winning bid was received in an Auction.

NOW, THEREFORE, Seller, intending to be legally bound, hereby agrees as follows:

1. Terms of Service. The Auction Terms of Service (Seller Agreement) set forth in Schedule II (the "Terms of Service") are hereby incorporated into this Agreement as if such terms were specifically set forth herein. By executing this Agreement, Seller hereby agrees to be bound by the Terms of Service. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Terms of Service.
2. Purchase and Sale.
   (a) In accordance with the Terms of Service, Seller hereby sells each of the domain names set forth on Schedule I (each a "Domain Name") for the net purchase price (in United States Dollars) set forth opposite such Domain Name onSchedule I, which includes deduction of all applicable brokerage, commission and transaction fees (the "Purchase Price"). Each Domain Name so sold by Seller is purchased directly by the winning bidder for such Domain Name in the Auction (such person or entity, the "Buyer"). The consummation of the sale of the Domain Name by the Seller and the purchase of such Domain Name by the Buyer is referred to as the "Closing of the Transaction".
   
   (b) In order to effectuate the foregoing, (i) Seller hereby authorizes the Domain Name(s) to be transferred to Buyer through a registrar approved by SnapNames, and (ii) (A) if payment of the Purchase Price is being made by check or wire transfer, Buyer has agreed to remit the Purchase Price to an escrow agent selected by SnapNames for the holding and disbursement of the Purchase Price (in such capacity, the "Escrow Agent"), (B) if payment of the Purchase Price is being made by credit card, Buyer has agreed to have the Purchase Price charged to the credit card for which information is provided by Buyer to SnapNames, and (C) if payment of the Purchase Price is being made by PayPal, Buyer has agreed to fund its PayPal account and authorize the amount deposited to be transferred to SnapNames' PayPal account. Once the Domain Name(s) have been secured by SnapNames either in its restricted account or at another registrar, SnapNames has verified the receipt of the Purchase Price with the Escrow Agent or has verified the charge has gone through on the applicable credit card or in the appropriate PayPal account, and all other conditions to the Closing of the Transaction, if any, have been completed, (A) in the event payment of the Purchase Price is made by wire transfer or check, SnapNames will authorize the Escrow Agent to pay the net proceeds for the sale of the Domain Name(s) to the Seller (after deduction of all applicable brokerage, commission and other fees) per the Seller's instructions contained on the signature page hereto and SnapNames willl initiate the transfer the Domain Name(s) to the Buyer or (B) in the event payment of the Purchase Price is made by credit card or PayPal, SnapNames will pay the net proceeds for the sale of the Domain Name(s) to the Seller (after deduction of all applicable brokerage, commission and other fees) per the Seller's instructions contained on the signature page hereto and will then initiate the transfer the Domain Name(s) to the Buyer
3. Third Party Beneficiary. The Buyer shall be an intended third party beneficiary of this Agreement and Section 1 of the Terms of Service.
4. Entire Agreement. This Agreement, together with the Seller Agreement and the Terms of Service, constitutes the entire agreement of Seller and supersedes in their entirety all prior representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the subject matter hereof. To the extent there is any inconsistency between the terms of this Agreement, the Seller Agreement and Terms of Service, the Seller Agreement shall control.

* * * * *

IN WITNESS WHEREOF, the Seller has executed this Auction Sale Agreement as of the date set forth below.

SELLER: By:__________________________________ Name: Title: Address:______________________________ ______________________________ ______________________________ Date:_________________________________

Payment Instructions: (select one)

Wire Transfer:

Routing ABA:

Beneficiary:

Account#:

BANK:

Address:

City/State/ZIP:

TEL:

FAX:

SnapNames Account:

Check:

Legal Name:

Billing Add:

PayPal:

PayPal account:

Schedule I

Service	Cost
Domain Name Purchase
Transaction processing service	Included
Expedited transfer service	Included