Question about Facebook and Twitter "domains"

[PeterMan]

So I am just about to close a sale for a domain that I used as a business for a while. In the transfer agreement the buyer has asked that I shall not register any names containing the word in the domain or any variation of the name, etc... which is fine by me.

However the agreement also states:

Seller represents and warrants that it does not own or control any other domain name which uses the name <domain-name> or is otherwise similar with any name known to Seller which is used to identify any business, product or service of <buyer's business>.

I do not own any other domain names that use the name, however, I do own twitter.com/<domain-name> and facebook.com/<domain-name>, both of which I have owned for some time prior to agreeing to sell this domain.

I guess I am just looking for some advice as to how these would be classified...

My take on it is that these are completely separate and do not fall into the category of domain names, therefore they would be "exempt" from the terms of this agreement, so long as I do not use them in bad faith. Obviosuly, what I am getting at is that I would sell these to the buyer at some point as part of a separate transaction if they would be interested in owning them.

So, should I make it a point in this agreement to mention these and specify that they are not a part of the current agreement?
Also, has anyone actually sold a facebook or twitter "domain"? Are you allowed to do that?

Thanks!

[denny007]

I would tell the buyer "Either buy the domain MOniker escrow, no strings attached or bugger off"
But that's just me...

[draggar]

I have seen very few questions here that would be better suited for the lawyers on this board, great question elivate.

IMO (and I am NOT a lawyer) - those are not domain names but more like logins. But it also puts you in a sticky situation, I think it is against both TOS (Facebook and Twitter) that you cannot sell accounts.

Did you use those accounts for the business only? if you did, after the sale, change the passwords (something far from what you would normally use) and supply the buyer with the login and PW information.

[PeterMan]

Actually I have only used the accounts for personal use, never anything related to the business, which really is no longer a business anymore...

Here is another part of the contract that I left out in my first post, I suppose that it could be interpreted to include the facebook and twitter names?

Seller hereby assigns, transfers and conveys to <Buyer's Company> all right, title and interest in and to the Domain Name, and (b) any and all claims that it may now or hereafter have or may have had at any time to any trademark rights, trade name rights, or other intellectual property or contractual rights in all or any part of the Domain Name or any variation thereof. The rights assigned to <Buyer's Company> shall be irrevocable and perpetual.

---------- Post added at 09:40 AM ---------- Previous post was at 09:39 AM ----------

I would tell the buyer "Either buy the domain MOniker escrow, no strings attached or bugger off"
But that's just me...

We have already agreed to use an escrow service, but they Buyer also wants this agreement signed as well...

[denny007]

We have already agreed to use an escrow service, but they Buyer also wants this agreement signed as well...

Well tell him no unless he adds $5K for a lawyer who will study it