**IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOR Namenative’S BROKERAGE SERVICE, DO NOT USE OR ACCESS THIS SERVICE**
Namenative offers a Domain Brokerage Service for prospective buyers or sellers of domain name properties (“Domain Brokerage Service” and/or “Brokerage Service” and/or “Service”) whereby, upon application and acceptance to the Service, a member of the Namenative domain brokerage team will serve as the exclusive representative on behalf of the buyer or seller for the purpose of negotiating either the purchase or sale of a domain name in accordance with these terms and conditions. In ordering Namenative’s Brokerage Service, you consent to one of Namenative’s domain brokers exclusively representing you as the buyer or the seller of a domain name.
Namenative’s Domain Brokerage Service is available to both prospective buyers and sellers of pre-registered domain name properties. Namenative’s Brokerage Service may only be used for the bona fide, good faith intention to acquire or sell the domain name indicated at the time of applying for or ordering the Service and may not be used for the purposes of investigating ownership status, gathering evidence for the purpose of legal action or to otherwise violate the laws of the Commonwealth of Massachusetts, the United States or any applicable jurisdiction.
If you would like to purchase a domain name which has previously been registered by another person or entity, you may apply to Namenative’s Exclusive Brokerage Service for buyers. If accepted, a Namenative domain broker will work on your behalf to negotiate the purchase and sale of the domain name you indicate during the application process. For purposes of this section the terms you, user, and/or buyer interchangeably refer to you, the registered user seeking Buyer’s Brokerage Service.
In order to apply for this service, you must request the Buyer Brokerage Service via the buyer brokerage webpage which can be found at https://namenative.com/broker or by submitting a written application in person or by facsimile. When submitting an Application via the brokerage webpage, the Buyer must complete the Buyer Application (“Buyer Application” and/or “Application”), which serves as an application for acceptance of entry into the Brokerage Service. The Application provides Namenative with certain information pertinent to the domain name that he/she desires to purchase.
During the Buyer Application, you must provide to Namenative the requested information, including but not limited to: the domain name(s) that you want the broker to pursue for acquisition; the maximum budget to be expended to acquire the selected domain name (excluding respective fees listed on Namenative’s current Price List); your intended use of the domain; whether you are a first-time brokerage customer; whether you have owned the specified domain(s) at any time in the past; and whether you have been granted related trademarks by state or federal agencies. You must also indicate whether or not you have tried to negotiate or otherwise communicate with the current or previous owner(s) of the domain in the past and whether you have attempted to negotiate directly with the current owner. If this has previously occurred, you must disclose to Namenative the date of last contact, original asking price, amount of last highest offer made as well as any other pertinent information related to prior direct negotiations. You will also indicate on this page the method of payment you wish to use to pay the non-refundable retainer fee. This fee will only be charged should your Application be accepted.
Please refer to Namenative’s current Price List for further details. To complete the Application process, you must agree to be bound to Namenative’s Terms and Conditions for Namenative’s Brokerage Service by clicking the appropriate check box.
Once you have completed your Application, and have selected continue, an assessment of your order will be generated automatically. You may choose here to either move forward with your Application by selecting “Submit Application” or choose to cancel the Application by selecting, “Cancel My Request”.
If you select the “Submit Application” option, your Application will be sent to Namenative’s brokerage department to be reviewed for probability of successful negotiation. Namenative will send you an accepted or declined notification email within two (2) business days of the date of order to the email address registered in your user account. Your credit card or PayPal account will not be charged until the application has been accepted.
If the User selects “Cancel My Request”, you will be redirected to Namenative’s brokerage homepage. Once your cancellation is received by Namenative, you have no further obligation with regard to this Application and/or Service.
You understand and acknowledge that some Applications may be declined due to a low probability of a successful purchase and sale negotiation despite the best efforts of the domain broker. You will not be charged for any declined requests for the Service. You may also check the status of your Application on the Brokerage Status page, accessible from the Buyer Control Panel.
Upon the successful application to the Buyer Brokerage Service, you will be assigned a domain broker in accordance with the approximate value of the domain you wish to acquire. Your domain broker will then seek to establish contact with you through the contact information you have provided in your Namenative user account and shall explain the domain brokerage process and a schedule for providing updates on the course of negotiation.
In the event your assigned domain broker is successful in establishing the foundation for a purchase and sale transaction in accordance with the agreed upon budget, you consent to the use of Namenative’s Standard Purchase and Sale Agreement as the controlling agreement for the purchase of the selected domain name. Should the current owner of the domain name insist upon purchase and sale terms that deviate from Namenative’s Standard Purchase and Sale Agreement, you agree that any necessary legal support and/or legal representation (including associated costs) for the reviewing or drafting of such changes shall be your sole responsibility and acknowledge that legal services are not included in the Buyer’s Brokerage Service. Namenative’s Standard Purchase and Sale Agreement can be provided to you upon request. Please note that Namenative’s Terms and Conditions for the Brokerage Service in addition the terms set forth by Namenative’s general user agreement apply during all stages of the brokerage relationship between Namenative and User.
PLEASE NOTE THAT ORDERING Namenative’S BUYER BROKERAGE SERVICE DOES NOT MEAN THAT YOU ARE BUYING THE DOMAIN DIRECTLY FROM Namenative.
By ordering Namenative’s Brokerage Service, you consent to one of Namenative’s domain brokers to negotiate on your behalf in an attempt to acquire the requested domain from the current owner. Users of the Buyer’s Brokerage Service agree that Namenative, through its Brokerage Service does not in any way provide any form of warranty and/or guarantee the availability of the domain, the willingness of the owner to sell, or any other guarantee with regards to the purchase of the domain name. Upon successful negotiation for the purchase of the domain, you agree that the payment and transfer process shall be conducted through Namenative's Domain Transfer Service and agree to pay the fees associated with this service. Please refer to Namenative’s current Price List for further details.
Expiration of the Buyer Brokerage Service (and any associated agency relationship) may occur under a variety of circumstances which may include, but are not limited to, domain availability, ability to contact domain owner, and the timely and consistent communication between you and your domain broker. If you rescind the maximum investment amount stated during the Brokerage Service application process or otherwise fail to respond to Namenative’s attempts to contact you within ten (10) business days, or the issuance of three periodic reminder e-mails, whichever occurs first, the existing brokerage order will expire and will not be reactivated absent a new application to the Brokerage Service.
If you would like to sell a premium, high earning domain name registered in your name, you may apply to Namenative’s Exclusive Brokerage Service. If accepted, you will receive exclusive representation of a domain name, owned by you, for a set period of time though Namenative’s Exclusive Brokerage Services for Sellers (“Seller’s Exclusive Brokerage Service” or “Seller’s Brokerage Service” or “Service”). As part of the Seller’s Exclusive Brokerage Service, an experienced Namenative domain broker will actively market and seek out interested third party buyers to effectuate the sale of the User’s domain property. For purposes of this section the terms you, user, and/or buyer interchangeably refer to you, the registered user seeking Buyer’s Brokerage Service.
In order to apply for Exclusive Brokerage Services, the User must fulfill the following minimum requirements:
Domain Owner MUST agree to submit any and all previous correspondence, proposals, and/or agreements to Namenative for informational purposes and marketing efforts.
Upon applying to Namenative’s Seller’s Brokerage Service, a member of Namenative’s Brokerage Department will review your application to ensure that you fulfill the requirements set forth by this section. You can always view the status of through the Member Area on the Brokerage Status page, accessible through the “Offers Received” section. At Namenative’s sole discretion, if accepted, a Namenative domain broker will be assigned to your account to assist in your efforts to sell the domain name indicated in your brokerage application. Your Namenative broker will attempt to negotiate the sale of the specified domain name on your behalf and in accordance with a minimum reserve budget as established between you and your Namenative domain broker.
If you believe that you meet the requirements set forth above, from the order page, you will have the ability to apply for the Seller’s Brokerage Service to sell your domain(s) by clicking the “Sell Domains” option. You will then be directed to the Domain Brokerage for Sellers Application page, whereby you must provide a Seller’s Application (“Seller’s Application and/or Application”) containing information to Namenative, which may include but is not limited to the following whether a first-time Seller, the domain name(s) to be sold, how long the Seller has owned the domain name, desired sales price(s) (i.e. excluding Namenative fees), minimum reserve price, (i.e. lowest amount acceptable, excluding Namenative fees), number of and prices for previous offers received, history of past use (i.e. development, direct sales, monetization, lease, etc), any and all traffic logs, etc.
To complete the Application process, you must agree to be bound to Namenative’s Terms and Conditions for Namenative’s Brokerage Service by clicking the appropriate check box. Namenative will then display a confirmation page for the User. Namenative then has five (5) business days to process the order in which a Namenative broker will review, then accept or decline the request.
If your Application has been accepted, you will be notified that the brokerage request for the specific domain has been accepted. A senior broker will then be assigned to your account and will outline a reserve price for your domain name(s). Prior to the commencement of the active marketing of the requested domain, you agree that traffic and revenue data must be collected prior to presenting the domain name into the market. Once Namenative receives all pertinent information with regards to the specific domain, you will be presented with an Exclusive Seller’s Brokerage Agreement.
If you meet the aforementioned requirements, and if your application has been accepted by Namenative, you will be presented with Exclusive Brokerage Agreement for a minimum period of six (6) months (“Term”). This Agreement specifically outlines the duties and responsibilities of both Namenative as well as the seller and must be signed and agreed to prior to the active marketing of your domain name. Namenative’s Exclusive Brokerage Agreement (“Agreement”) can be provided to you upon request.
During the Agreement Term, one of Namenative’s senior broker’s will act on your behalf to aggressively market and attempt to sell the requested domain. Namenative reserves all rights to pursue the Agreement to the full extent of the law should you fail to strictly adhere to the terms.
If it is determined that your Application has not been accepted, you will be notified via email that your request for has been declined. Domains will be rejected when market analysis suggests that our exclusive service would not be suited for this particular domain or that the Seller does not fulfill the minimum requirements as set forth above.
By ordering Namenative’s Brokerage Service, you agree to enable and allow one of Namenative’s brokers to exclusively represent you as the current domain owner to facilitate the sale of a domain name(s). From the effective date noted on the seller’s Exclusive Brokerage Agreement throughout the remainder of the Agreement Term, you acknowledge that you may not list the domain name(s) at issue for sale with any other listing services, marketplace, or any other sale channels. You are further aware that selling the specified domain name(s) outside of Namenative, during the term of the Exclusive Brokerage Agreement is strictly prohibited, and may result in legal action taken by Namenative in order to recoup lost commission or other damages. Users of the Seller’s Brokerage Service agree that Namenative, through the Service does not, in any way, provide any form of warranty and/or guarantee the sale of the domain, the willingness of prospective buyers, or any other guarantee with regards to the sale of the domain name(s).
The specific associated fees a for both buyers and sellers Brokerage Service is specified on Namenative‘s Price List and is subject to change without notice. If your Namenative domain broker is ultimately unsuccessful in negotiating the purchase or sale of your domain name, you will pay no fees beyond the initial charge for retaining the services of your Namenative domain broker. Any retainer fees that may apply are NON-REFUNDABLE regardless of the outcome.
Under both the Exclusive Buyer’s Brokerage Service as well as the Exclusive Brokerage Service for Sellers, you agree that Namenative, as your agent, has the express authority to act on your behalf to create a legal relationship (i.e. purchase and/or sale of the requested domain) with a third party buyer and/or seller. Namenative’s broker will exercise the utmost good faith to you, whether a Buyer or Seller, regardless of whether a purchase and/or sale results from the brokerage relationship between you and Namenative.
By participating in Namenative’s Brokerage Service, you are giving Namenative permission and consent to act on your behalf in the capacity of domain broker, whether actively marketing the sale of a domain for a seller, or attempting to negotiate the purchase of a domain on the buyer’s side. You understand and agree that once engaged in Namenative’s Brokerage Service, whether for buyer or seller, you are giving Namenative the authority to negotiate, actively market, survey your best interests, budget, time line for acquisition, obtaining or selling the user’s domain for the fairest market value, and otherwise using its best efforts as a broker to effectuate the negotiation, purchase and/or sale of a domain property. Notwithstanding, it is your responsibility to clearly outline your expectations with regards to the purchase and/or sale of the requested domain name, including but not limited to the reserve selling/buying price, time line for sale, as well as any other requirements sought.
You further understand and agree that Namenative has numerous other listings, and promotes transactions involving other domain names registered to third parties, some of which may be deemed to compete with your purchase and/or sale of your domain name(s). User’s of Namenative’s Brokerage Services consent to Namenative’s possible representation of such other entities and shall not deem such activities as acting in bad faith. You are aware, understand, and agree that in certain situations, depending upon the circumstances, and unless agreed otherwise in writing, Namenative may act as an agent for both a seller and/or potential buyer of the specified domain name(s). Namenative hereby discloses, and you consent to Namenative acting as a dual agent representing both a domain owner and a potential buyer.
Please note that Namenative’s Terms and Conditions for Brokerage as well as Namenative’s general user agreement apply during all stages of brokerage, whether a Broker is successful at negotiating the purchase and/or sale of the domain or not.
Due to Namenative’s strict respect for confidentiality, buyers and sellers who order Namenative’s Brokerage Service remain anonymous throughout the process of negotiation unless Namenative is otherwise instructed. Namenative records and publishes the sale price and domain name(s) only. Namenative does not release your personal information to public record. Your name or company name and contact information may be displayed within your respective Namenative accounts or may be contained on a purchase and sale agreement at the close of the negotiations. You understand that if either party requests a block of price and domain name record, an additional fee will be applied. Please refer to Namenative’s current Price List for further details.