Changing Some WHOis details on My Domain in a Joint-Venture?

[DTalk]

I'd very much appreciate guidance on a particular WHOis issue.


Background:


I'm about to enter an arrangement with another party....I currently own an undeveloped $xx,xxx domain name, that has great potential.


The deal is this:


* I make the domain available for development.

* The other party does the tech development for the new website + provide most of the content (which they already have).

* I pay for additional content (say, about 30% of the total content on the new site).

* The other party will manage the site, and, most likely do most of the promotion work.

* The new website will be hosted on the other party's server.

* The domain will remain under my control, in my Registrar's account.

* We share revenue earned by the site, 50%/50%.

* I agree not to sell the domain for a minimum of two years.

* If I sell the domain after two years, its agreed I get my original $xx,xxx purchase price back first - then, we split the balance of the sale proceeds 50/50.


The issue:


The other party asks this:


* That I change the WHOis details for the domain to their company name & address - for Registrant, Admin, Tech & Billing.

* BUT...the email address in WHOis for Registrant, Admin, Tech & Billing would remain my email address (so, I get all notifications from the Registry etc).

* And the domain would remain in my Registrar's account, under my control (eg presumably, no one could move/transfer the domain without my permission, because I'd control the Registrar account, and the email address?).


(Note: The reason they have given for changing the name & address details in WHOis to their details, is that the revenue the site will generate will be handled by a Billing third-party (and, then disbursed to us, 50/50) with whom they already have an account....They/we plan to use the same Billing third-party, and, thus, the same account that's already established. Apparently, this will make the process much more straight forward).


Should I agree to change these WHOis details (name & address) on the domain?....Is my control of the domain at the Registrar account + WHOis showing my email address, sufficient to protect me?


My concern is that, with the domain WHOis showing someone else's name & address details, might I become vulnerable if I ever have to prove I own the domain?....Or, is it that as long as I control the email address for Registrant, Admin, Billing & Tech, + the Registrar account the domain is in, I needn't worry?


Note: I do not doubt the integrity of this other party. They are not strangers to me. I've known them - and, know people who've had dealings with them - on another forum, for over about 2.5 years.


But....

It pays to be careful...

This is a premium domain, and, the business model will likely generate significant revenue....thus, the domain may become super-valuable, in time.....There could be a lot of money at stake, over time - both in revenue, and, in a future sale of the domain/website.


I need to set it up right, so that there are no problems at a future time.


Very much appreciate your opinions, knowledge, or suggestions.

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[draggar]

The registrant is the main contact and is you since you reigstered the domain. The billing should be you since you already pay for the domain.

I don't see an issue with them being the admin / technical contact since they are administering the site and the technical contact for it.

It is against ICANN policies to make the WhoIs information inaccurate and they could set up a case against you claiming you're pretending to be them.

Let them know it would be best to leave the registrant and billing information to stay yours due to ICANN policies and it would prevent ICANN from forcing you to surrender the domain due to false WhoIs information. (Don't accuse them - just make them realize that both of you could lose it if there is inaccurate information).

[FormerDnForumer]

Registrant takes precedence over admin contact. Don't do it.

Registrants can change the admin email without admin confirmation--it's just that simple.

[DomainsInc]

Wouldn't that give them legal ownership of the domain if things went bad?

[FormerDnForumer]

Originally Posted by DomainsInc

Wouldn't that give them legal ownership of the domain if things went bad?

Yes, exactly.

[DTalk]

Thank, guys....'appreciate your thoughts.


Good point about ICANN policy on correct details.


It seems the absolute key to legal ownership is the Registrant details. The Registrant shown, is the legal owner.

But, also, Admin, Tech & Billing are important - especially for email address (ie contact purposes).


I think, in this case, its best if I keep my full details as Registrant, Admin & Billing for the domain....Which shows I own it, and control it.

...And, allow the Tech details to be in their name, which will reflect the fact they will be managing the technology on the site - BUT, with my email (contact) address, even here.


This way, if things go bad with the other party one day, there'll be no doubt as to who owns the domain - and, who was simply designated Tech manager of it, for website management purposes.


I think that should cover me - and, yet show their involvement, for tech purposes.

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