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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!
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!