New Moniker's Exclusive Right to Sell Agreement

**chois** · 04-10-2008, 08:31 PM

I am not sure if this is right forum to ask questions like this.
If it is not, please forgive me. Otherwise, please help.

I am looking at the agreement from Moniker for Paris auction and I am not sure if it is safe(?) to sign this agreement. Maybe I can get help from the Moniker rep but I also want to hear advices from DNF members.

It seems like Moniker's agreement has been changed a lot and since this forum has been so quiet for a while, I wonder what other DNF members are thinking about this new agreement.

Thank you.

**H2FC** · 04-10-2008, 08:36 PM

I didn't know they changed it...can you post a copy of it?

**chois** · 04-10-2008, 08:45 PM

Originally Posted by H2FC

I didn't know they changed it...can you post a copy of it?

I sent you a PM.
Not sure when they changed it since I have not submitted my domains for months.
Thank you.

**H2FC** · 04-10-2008, 09:09 PM

yea...that agreement is for monikers auctions and it doesn't look to me like its been changed recently. It favors moniker in every respect....with little concern for the domain owner/seller. Monte has publically stated they will be going up on the sales fee from 15 to 20% in the near future.

**BELLC1** · 04-10-2008, 09:52 PM

Every time I looked at the agreement it had changed during past auctions in which I submitted domains. Never once was it in my favor as Seller.

I haven't submitted to Moniker for the last few auctions they've had. While my rep did fine, the lack of updates in the payment process (I had to beg for info each and every time) has me disappointed. I waited six weeks for payment that sedo usually has in just a few days. Not one of the handful of Moniker auctions I've sold domains at has ever made payment to me in less than a month because Moniker does not make buyers pay by the end of the auction day like every other live auction house.

There is no excuse for this. Network Solutions used to be the industry laughingstock for time to process a domain transfer. Even they shine now.

**Gramma** · 04-11-2008, 05:24 AM

I still have not been paid for a domain sold at internext in JANUARY (teacherfantasy.com) - domain has been in their escrow account since then - to give them credit they have not changed the DNS on it. My last email a couple weeks ago went unacknowledged - and I emailed again last night cc'ing Monte and my rep along with the person that processes payment.
There is no excuse for this type of handling of a sale. Buyers should be tied up in an agreement as strangling as the seller's agreement. Payment should be made at the end of the auction. PERIOD.
what if someone bid, paid, and then I didn't come up with the domain - what would happen then?
i have a another xxx,xxx domain and several xx,xxx that I had thought to put in the next internext auction had this all gone as smoothly as my first sale with them... but the domain denny bought was the only one I didn't have to beg and bother them to get paid on. It's pretty ridiculous.

UPDATE - - - Moniker had INDEED paid me for the domain on APRIL 7 - 2008 via wire. so I misspoke by a week. I apologise for that.

**business_man** · 04-14-2008, 09:03 PM

The Moniker agreement to sell a name includes clauses that seem to suggest I am not allowed to contact or talk to people who might be interested in buying the domain name.

Does this mean that I cannot actively market the name as being for sale at the TRAFFIC conference ? DOes that mean that I cannot put a sign up on the website itself stating that the domain name is for sale by auction with details of the auction?

**PRED** · 04-15-2008, 08:26 AM

Originally Posted by H2FC

yea...that agreement is for monikers auctions and it doesn't look to me like its been changed recently. It favors moniker in every respect....with little concern for the domain owner/seller. Monte has publically stated they will be going up on the sales fee from 15 to 20% in the near future.

it's crazy
most domainers are very unhappy about all the terms and catches and high fee already

imho 10% should be good enough. more is pure greed

i don't ever submit any for these reasons. shame, but there are many other such auction platforms

**Acro** · 04-15-2008, 08:32 AM

Originally Posted by business_man

The Moniker agreement to sell a name includes clauses that seem to suggest I am not allowed to contact or talk to people who might be interested in buying the domain name.

Does this mean that I cannot actively market the name as being for sale at the TRAFFIC conference ? DOes that mean that I cannot put a sign up on the website itself stating that the domain name is for sale by auction with details of the auction?

No, it does not state that. It's with reference to not circumventing Moniker as the sales point for a period of 120 days from the time of the agreement. So yes, you can talk to anyone you want that might want to buy the domain at TRAFFIC or elsewhere; either way, Moniker will be the exclusive broker and they will be accessing their 15% fee.

**business_man** · 04-15-2008, 07:56 PM

The new Moniker agreement is very hard to understand for the layman, or someone outside of legal circles. There is also no explanation or examples of what you can and cannot do. It would be much easier if there was some kind of guide, but even the Moniker website has very little in way of explanation.

For example, if you contact Moniker and say "I want my name to go to auction", why do they send an agreement that allows them to sell outside of auction?

Has anyone else noticed that the auction agreement states that they can sell the name at auction OR privately? What is to stop them asking people to lower the reserve price for a name and then arranging a private sale to friends in the industry before the auctions take place?

Also, apparently, after I put a name forward for the auction, and then choose either:
a) I want to change the reserve price, or
b) that I do not want to sell it , before the auction has taken place, and before it has been selected for auction

~ Then apparently you cannot increase the reserve price, or remove it from their sales process, so I cannot see how I can stop them selling it.

When it takes them months to decide what names to choose, and the market price can fluctuate wildly during this time, this can be an important factor.

I'd appreciate clarification as to whether I can pull a name back from sale, before a seller is found, and before it is selected for auction, or increase the reserve.

**BELLC1** · 04-15-2008, 08:33 PM

Originally Posted by Acroplex

No, it does not state that. It's with reference to not circumventing Moniker as the sales point for a period of 120 days from the time of the agreement.

First it was thirty days.
Then it was 60 days.
Then it was 90 days.
Then it was 120 days...

**dvdrip** · 04-16-2008, 03:54 AM

Then it was forget about it...

**LarryWentz** · 05-28-2008, 10:23 AM

I really don't like to tie my domains up waiting for Moniker to decide on which names will make it to auction. I have some names I did submit for the Paris auction but feel this will be the last time I do it. I currently have new offers but can't negotiate because I have to wait.... and wait...... and wait for Moniker to decide if the names will be accepted at auction.

The process is no longer acceptable to me. I can't have names "tied up for extended periods of time". The contract you sign is a pain in the *** and the exclusivity clause is "too long". Domain owners should be informed within one week for names submitted if they will be accepted for auction/extended auction.

**H2FC** · 05-28-2008, 12:19 PM

Moniker obviously feels the longer they have control over your names the better chance they have of making a profit from a sale. A totally disregard and respect for the owners rights and should be against the law.

**DNP** · 05-28-2008, 02:18 PM

I have submited a domain name for the Paris moniker auction in June and signed the agreement, but the name unexpectedly has been paid for by sedo buyer since sedo transaction has been idle for 5 weeks. Thoughts?

**dvdrip** · 05-28-2008, 02:25 PM

I would give it to sedo. These moniker agreements are crazy.

**H2FC** · 05-28-2008, 06:52 PM

Originally Posted by DNP

I have submited a domain name for the Paris moniker auction in June and signed the agreement, but the name unexpectedly has been paid for by sedo buyer since sedo transaction has been idle for 5 weeks. Thoughts?

Get in touch with your moniker agent and ask him to cancel your name from the auction. He will want to know why so be prepared to answer that question.