AGREEMENT TO REGISTER DOMAIN NAME
THIS AGREEMENT TO REGISTER
DOMAIN NAME (“Agreement”), is made and entered on this ____ day of
______________, ______ by and between ____________________________ ("Registrant"), and
_____________________________ ("Client").
1.
The Registrant hereby agrees to perform domain
name registration services for the Client as provided in and subject to the
terms and conditions of this Agreement.
2.
In consideration of the services to be performed
by the Registrant hereunder, Client agrees to p[portion
deleted - included in fully licensed version]tion of this Agreement
and prior to the Registrant performing any services hereunder, an amount equal
to $________ as a service fee for performing the domain name search and registration
on behalf of Client.[portion deleted - included in fully
licensed version]upon execution hereof, Client shall pay Registrant
an amount equal to $50.00 to cover the fee for initial registration of such
domain name.
3.
Registrant acknowledges and agrees that the Registrant
shall not own any right, title or interest in and to any registered domain
name pursuant to this Agreement and that the domain name register[portion
deleted - included in fully licensed version]ent and not by the Registrant.
Client acknowledges that this agreement can only be made as between the potential
rights of Client and Registrant and that Registrant cannot represent that
a third party will not have [portion deleted - included
in fully licensed version]main name that is registered under the terms
of this Agreement.
4.
Client shall be responsible for, within ten (10)
business days from [portion deleted - included in fully
licensed version]ement, providing Registrant with a list of five (5)
and no more than ten (10) desired domain names, listed in order of preference.
5. Upon receipt
of the above referenced list of desired domain names, Registrant shall search
such names for availability in order of preference stated by the Client. Registrant
shall search such des[portion deleted - included
in fully licensed version]such name
is shown to be available. Upon determining that the first such name is available,
Registrant is hereby given the authority as Client’s agent and attorney in
fact, to take all steps necessary to register[portion deleted - included
in fully licensed version] name.
6.
In the event that none of the domain names on Client’s list
are available for r[portion deleted - included
in fully licensed version]hall inform Client of this fact. Thereafter, Client shall be
responsible for providing another listing of 5 to 10 desired names. Upon receiving
the second list of desired names, Registrant shall s[portion deleted - included
in fully licensed version]er the first available name based upon the Client’s ordered
preference. If no name is available following the search of the second list
of names, Registrant shall so inform the Client and the Registrant shall have
no further obligations to the Client with respect to the domain name. Upon
receipt of such notif[portion deleted - included
in fully licensed version]t whether to continue with the search process, in which event
another service fee shall be payable to the Registrant, less any amount paid
to the registrant for the price of the domain name. Upon election to continue
with the process, Client shall submit another list of desired names listed
in order of preference along with payment of the second service fee. Upon
rec[portion deleted - included
in fully licensed version]s not wish to go forward upon receipt of the notice that the
desired names are not available after providing two desired lists, the service
fee shall be retained by the Registrant for services rendered and the Client
shall be en[portion deleted - included
in fully licensed version]f any amount paid to Registrant for the actual cost of paying
for the registration to a third party.
7.
Following registration of a desired domain name, Registrant
shall inform the Client and provide the Client with all relevant registration
information, numbers and passwords.
8.
Client represents, warrants, acknowledges and agrees that Registrant
cannot guarantee that any desired name will be available for registration.
Registrant is not responsible fo[portion deleted - included
in fully licensed version]hts in and to such names by any third party.
9.
The Client represents and warrants to the Registrant that the
names provided on any preference list shall not infringe upon the trademarks
or other proprietary rights of any other party and that the Client is the
bona fide owner of all proprietary rights associated with each such name.
Client acknowledges that Registrant has informed Clie[portion deleted - included
in fully licensed version]nt that a comprehensive common law trademark search should
be performed prior to selecting any domain name for registration to determine
whether such name could infringe upon the proprietary or trademark rights
of any third party. The Client hereby represents, warrants and agrees that
it has[portion deleted - included
in fully licensed version]search performed with respect to such name and that Client
assumes any and all responsibility or liability that may arise from the registration
and/or use of any domain name registered. Client shall indemnify and hold
registrant harmless from and agai[portion deleted - included
in fully licensed version]rietary rights by any third party, including but not limited
to attorney fees in addressing any such situation. Notwithstanding the above,
Registrant does not assume [portion deleted - included
in fully licensed version]sibility for addressing any claimed infringement that may arise
from the registration or use of any domain name that is registered.
10.
Client shall be responsible for renewing any domain nam[portion deleted - included
in fully licensed version]egistrant shall have no obligation to provide renewal services
or to inform Client of any necessary renewals.
11.
CLIENT AKNOWLEDGES AND AGREES THAT REGISTRANT’S
SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTY
OF ANY [portion deleted - included in fully licensed
version]TED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY FURTHER AGREES THAT REGISTRANT
SHALL NOT BE LI[portion deleted - included in fully
licensed version]F PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR
ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND TO ANY
PARTY, INCLUDING BUT NOT LIMITED TO THE CLIENT.
12.
This Agreement states the entire agreement and
understanding between the parties with respect to the subject matter hereof
and supercedes all other agreements, whether oral or in writing, bet[portion
deleted - included in fully licensed version]he subject matter hereof.
This agreement may only be amended by a written amendment executed by authorized
representatives of both parties. This Agreement shall be interpreted[portion
deleted - included in fully licensed version]_______ and any legal
action instituted hereunder shall be brought in the courts of ____________County,
State of ____________.
IN
WITNESS WHEREOF, the parties hereby execute this Agreement with full knowledge
of its binding nature and significance.
REGISTRANT:
By: ____________________________________
Its: ____________________________________
CLIENT:
_______________________________________
Name of Client
By: ____________________________________
Its: ____________________________________