NameGent.com Adviser Agreement
In this Agreement, "customer", "user", "you", "seller", and "your" refers to each customer or user and "NameGent.com" refers to NameGent.com, a service of Edgeware Inc., a company in Minnesota, USA.
This Agreement as described will apply in full force and effect to your use of the NameGent.com website. You expressly accept all Terms & Conditions contained herein full. Your use of the NameGent.com website signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.
NameGent.com provides services to acquire domain names and facilitates the buying and selling of currently registered domain names. NameGent.com may not be the owner of the domain name(s) listed on the website. As a result, NameGent.com has no control over the quality, safety or legality of the domain name(s) listed. A listing may be withdrawn at any time by NameGent.com or with a 30 Day Notification by the registered seller.
NameGent.com uses escrow.com for all domain name transactions. Escrow.com is a trusted third-party that collects, holds and only disperses funds when both Buyers and Sellers are satisfied.
NameGent.com is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by the buyer or seller or failure of the buyer or seller to complete the transaction. Buyer does not obtain any rights in the registration of a domain name until completion of the transaction.
We reserve the right and may exclude, in our sole discretion, any domain name for any reason, including, but not limited to a violation of our Terms & Conditions or other Terms of Service or infringement, or potential infringement, of a third party intellectual property right.
Seller agrees that upon agreement from a buyer, seller will promptly follow the escrow process through the link provided by namegent.com
Seller agrees that as a part of the escrow transaction, Escrow.com automatically pays NameGent.com / Edgeware Inc. $ 500 USD or a 10% commission, whichever amount is greater and the seller pays all escrow.com transaction fees, unless otherwise negotiated.
Seller agrees to disclose to NameGent.com any facts regarding the domain name(s) that may have arisen or of which Seller becomes aware before, during and after the domain name has been listed for sale with NameGent.com
Seller shall not list a domain name for sale with namegent.com which may infringe upon or violate the intellectual property rights of other persons, for which Seller does not have registration rights or the authority to sell to third parties free and clear of all liens, claims, encumbrances, licenses and security interests, or a domain name(s) which is the subject of litigation, arbitration, claims, disputes, or other legal proceedings, either pending or threatened, or if so, Seller is responsible for any legal fees and all liability encountered by namegent.com.
Seller shall not solicit the sale of listed domain name(s) outside of NameGent.com for the purpose of circumventing fees that would otherwise be due to NameGent.com.
Buyer agrees that a Buy It Now payment to Escrow.com constitutes an offer of a contract for the purchase of the said domain name. Buyer also agrees that NameGent.com is not contractually obligated to sell the domain name until a confirmation email has been received by the Buyer from (rep)@NameGent.com and the Escrow.com process has been fully completed by all parties involved in the transaction.
Buyer with representation by NameGent.com agrees to pay $ 149 USD per each 15 Minutes of Agent's Advice, with the understanding that upon completion of a domain name purchase, if the seller pays NameGent.com a commission and that commission exceeds the Adviser Fees the buyer has prepaid to NameGent.com, then NameGent.com will refund up to the amount of PrePaid Fees back to the buyer.
You agree to be bound by the ICANN UDRP. The current version of the ICANN UDRP may be found at www.icann.org. You may also be subject to additional Registry specific dispute policies and you agree to be bound by those, as otherwise indicated in the Terms & Conditions with those registries.
You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all Terms & Conditions herein, including the ICANN UDRP and any other applicable Registry specific dispute policy, whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that your agent is authorized to bind you to the Agreement and that your Agent has apprised you of all Terms & Conditions of the Agreement.
WEBSITE TERMS & CONDITIONS
You agree that you are bound by all NameGent.com Site Terms & Conditions, including but not limited to Intellectual Property Rights and Restrictions, User Content, and Disclaimers. The NameGent.com Site Terms & Conditions may be found at NameGent.com under the Contact Section.
LIMITATION OF LIABILITY
To the maximum extent permitted at law, none of namegent.com or its employees or the registry will be liable for any direct, indirect, incidental, special or consequential damages resulting in any way from the Agreement or your use or inability to use any of NameGent.com services.
You hereby indemnify to the fullest extent NameGent.com from any losses, damages, costs, liabilities, and expenses arising out of or in any way related to your breach of any provisions of the Agreement.
NamGent.com shall be permitted to assign, transfer, and subcontract its rights and/or obligations under the Terms & Conditions without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights under this Agreement. Any attempt by your creditiors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at NameGent.com's option.
GOVERNING LAW AND JURISDICTION
You agree that this Agreement and any disputes hereunder with namegent.com will be governed in all respects by and construed in accordance with the laws of Minnesota, USA. You also agree that any disputes during the use of the Escrow.com process will be governed in all respects by and construed in accordance with the Escrow Law of California, USA.