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Marketplace Agreement

Uniregistry

These terms apply to use of the Uniregistry Marketplace, and include additional terms applying to domain names listed in the Uniregistry Marketplace.

Uniregistry Marketplace Terms

(rev. Apr. 8, 2020)

Introduction

These Terms of Service apply to your use of the Uniregistry Marketplace domain name transaction system provided to you by GoDaddy Online Services Cayman Island d/b/a Uniregistry ("we", "us," “Uniregistry” hereinafter). If you have registered a domain name with Uniregistry, these terms supplement your Registration and Service Agreement, to which you previously agreed, which is available at https://uniregistry.com/legal/registration-agreement. By using the Uniregistry Marketplace services (the "Marketplace"), you agree to be bound by these Terms. We may, in its sole and absolute discretion, change or modify these Term, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of these Terms as last revised. If you do not agree to be bound by these Terms as last revised, do not use (or continue to use) this Site or the Services. In addition, we may occasionally notify you of changes or modifications to these Terms by email. It is therefore very important that you keep your account (“Account”) information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, we may terminate your use of Services for any violation or breach of any of these Terms by you. We RESERVE THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

Under these Terms, the words "Seller" and "Buyer" apply to your obligations as the seller or buyer of a domain name in the Marketplace, as the case may be, in the course of transactions conducted via the Marketplace.

To the extent that these Terms conflict with any terms of the Registration and Service Agreement, these Marketplace Terms shall control the terms of your domain name registration to the extent consistent with any mandatory ICANN or registry requirements and consistent with any optional provisions thereof for which registrant authorization is required to effect the purposes of these Terms.

The Marketplace is offered to you on an “as is” and “as available” basis. In no event shall we be liable to you for breach of any obligation or duty of another user of the Marketplace.

1. General Provision to Listing A Domain Name For Sale

Upon listing a domain name for sale in the Marketplace, you represent and warrant (a) you are the registrant of the domain name in good standing with no liens or obligations outstanding in relation to the domain name, (b) you have sole and unencumbered authority to transfer the domain name, and that it is in transferrable condition, and (c) you have not received any notice of administrative or legal proceedings in relation to the domain name.

If we are the registrar for the domain name then, notwithstanding any contrary provision of the Domain Name Registration Agreement, you agree and authorize Uniregistry as your agent to effect the terms of transfer of the domain name. You further agree and authorize Uniregistry (a) to issue on your behalf any authorizations, approvals or confirmations required to effect transfer of a domain name which you have agreed to sell in accordance with the terms of sale for the domain name, and (b) as your registrar to implement such transfers.

You agree to deliver the domain name, and authorize us to effect transfer of names registered with us, upon our receipt of payment by the Buyer, and to undertake any and all necessary actions in fulfillment of such agreement.

If we are not the registrar for the domain name, you agree to provide the required and necessary information to transfer the domain to Uniregistry within ten (10) business days of receiving notification by Uniregistry that the Buyer's payment is approved.

You agree that assignment of a list price and designation of a listing as "Buy It Now" shall constitute your agreement to transfer the domain name to a Buyer upon buyer's payment of the price you have listed. It is your sole responsibility to verify that the listed price for the domain name is correct and current, and your assignment of a list price constitutes your affirmation that the list price is correct and current. We are entitled to rely on your designation of a list price for a domain name which you have placed for sale as "Buy It Now". If a buyer purchases a domain name registered through us, or transferred to us, and listed as "Buy It Now", and the Buyer has sufficiently funded their purchasing account, you acknowledge, agree, authorize and understand that our registrar system will transfer the domain name to the Buyer in accordance with your designation of the domain name as a "Buy It Now" listing, or shall do so upon transfer of the domain name to our registrar system.

It is your sole responsibility and duty to perform all necessary due diligence before listing a domain name. Should any event occur which would hinder your ability to perform in accordance with these Terms, it shall be your immediate responsibility to remove the listing from the Marketplace.

Uniregistry shall have the right in its sole discretion to discontinue or refuse to list any domain name in the Marketplace. Uniregistry shall further have the right to discontinue your use of the Marketplace at any time, for any reason. Such reasons include, and are not limited to system abuse; use of the Marketplace system to generate unsolicited communications to persons who have not inquired to purchase a domain name; abusive or demeaning communications to our staff, our customers or other parties.

Notwithstanding anything to the contrary in this Agreement, domain sales will be guaranteed for payment by us if the Buyer does not perform and if the Buyer is not an associated party of the Seller. In the event of a breach by the Buyer of any of its responsibilities related to payment under the completed sale, the Seller agrees to immediately transfer all of Seller’s right to the respective domain name to Uniregistry and we agree to pay Seller the final sales price less agreed upon commission.

For purpose of this limited warranty, a “completed sale” means an accepted Buy Now transaction for a domain name through Uniregistry.com, combined with receipt of payment by Uniregistry and transfer of the domain name to Uniregistry’s control.

2. Brokerage Services

Seller agrees that for any domain name assigned to Uniregistry Marketplace brokerage services:

(a) you will promptly respond to broker inquiries concerning offers by prospective purchasers,

(b) for a domain name registered with us, you authorize us as transfer agent for the domain name in order to transfer the domain name to the account of the buyer upon receipt of payment by the Buyer,

(c) you will be liable for commission on any sale of a domain name to a lead obtained or contacted by Uniregistry brokerage, for sales concluded by Uniregistry or from sales to such lead for a period of six months after the most recent communication between Uniregistry brokerage and the lead, and for commissions on brokered transactions which you have cancelled.

You agree that we may publish your listing via third party sales listing syndicators who have agreed to refer leads to Uniregistry Marketplace listings. Sales concluded on the basis of such referred leads are "referred lead sales".

You agree to pay a sales commission of 15% on sales based on leads obtained directly by Uniregistry or its affiliates, and a minimum commission of US $175 on brokered lead transactions. You agree to pay a sales commission of 20% on referred lead sales. Sales commissions(s) will be deducted from any amount paid or credited to you after receipt of payment for such sales by Uniregistry. The Uniregistry brokerage is not a lead generation service. Absent your commitment to proceed with a sale on terms negotiated by Uniregistry brokerage, Uniregistry brokerage will maintain prospective purchaser contact information in confidence.

3. Self-Brokerage

The Marketplace allows a Seller to opt-in to self-broker a transaction that is completely independent of Uniregistry’s Brokerage Service set forth in Section 2 of this Agreement. In the event a Seller uses the Marketplace for self-brokerage purposes, the following terms will apply:

Terms specific to Seller: As a Seller, you acknowledge and agree that you will not hold yourself out as an employee, agent or representative of GoDaddy, Uniregistry or any of our affiliated companies, to sell a domain which you own.  Your access to a Buyer’s information via the Marketplace is limited to an inquiry for a price quote to a specific domain, and for you to self-broker said domain for sale. You agree that you will not use a Buyer’s information for any purpose other than as set forth herein and will implement appropriate safeguards to protect any information accessed via the Marketplace.  Upon agreement with a Buyer on the purchase price of a domain, you agree to complete the domain sales transaction via the Marketplace and will pay any relevant fees to Uniregistry.

Terms specific to Buyer: As a Buyer, you agree that your information (Name, email, phone, IP) will be accessible to the Seller when you complete an inquiry form for a price quote to a specific domain. You agree that the Seller may directly contact you to negotiate the sale of said domain name and understand the Seller is not an employee, agent or representative of GoDaddy, Uniregistry or any of our affiliated companies.

4. Transacting Sales

As the Buyer of a domain name through the Marketplace, you acknowledge and agree that you are solely responsible for determining your right to purchase, register or use the domain name, and that you are solely responsible for any liability arising from your registration or use of the domain name. You further acknowledge and agree that we do not guarantee performance by the Seller, that your claims and remedies with respect to seller's performance are solely limited to the Seller in relation to the Seller's obligations under these Terms. In no event shall be we be liable to you in any amount greater than any payment we have received from you.

Buyers may pre-fund their purchasing account at any time. When a Buyer and Seller have reached an agreement to sell a domain name in accordance with these Terms, the Seller will authorize a checkout link to be sent to the Buyer, and shall specify available payment and transaction options. For listings designated "Buy It Now", the Buyer may proceed directly to checkout in order to authorize payment from Buyer's purchasing account, or to add funds to the Buyer's purchasing account.

Any transaction fees associated with the payment and transaction options specified by Seller in connection with the listing will be deducted from any proceeds for the sale to be credited to the Seller.

Prior to payment by the Buyer, the Seller may cancel and/or revoke any agreement for sale of a domain name. If we are not the registrar for the domain name, the Seller shall be solely responsible for failure to transfer the domain name to our registrar, regardless of whether such failure is attributable to the Seller or to such other registrar in accordance with the policies of such other registrar previously agreed to by Seller. If we are the registrar for the domain name, then the domain name will be transferred to the Buyer, if and when the Buyer's purchasing account is funded to the amount required for the purchase.

Seller shall be liable to us for all applicable transaction fees and commissions in the event of failure of performance by the Seller to transfer the domain name after payment of the sale price by the Buyer. Seller shall further be liable to us for any fees incurred in refunding payment to the Buyer.

If payment is withdrawn from the Buyer's purchasing account and/or refunded to the Buyer prior to delivery of the domain name, then any agreement to purchase and sell the domain name between the parties shall be terminated.

Delivery of a domain name to a Buyer shall be made by transfer of the domain name to the buyer's domain name registration account at Uniregistry.com and subject to the Uniregistry.com Domain Name Registration Agreement. The Buyer agrees that we may impose a 60 day moratorium on further transfers of the domain name to any other party, and that during such time the Buyer agrees to cooperate with any inquiry by us in the course of investing circumstances of fraud, technical error or breach of these Terms. We may reverse transactions in our sole discretion, including circumstances of fraud, technical error, breach of these Terms.

Uniregistry will credit Seller's account with the purchase price less applicable commissions and fees within 30 business days of completion of the sale transaction. Seller accounts may be credited in less than 30 business days for for verified customer accounts and transactions.

5. Completion of Sale and Use of Escrow.com

Buyers and sellers wishing to use escrow services provided by Escrow.com shall be bound by the applicable Escrow.com terms of service and to the payment of fees to Escrow.com as agreed by the Buyer and Seller. We do not warrant the performance or security of transactions completed via Escrow.com.

6. Indemnity

Seller and Buyer, respectively, each agrees to protect, defend, indemnify and hold harmless GoDaddy and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by GoDaddy directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.