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Domain Name Acquisition Agreement Template for United States

A Domain Name Acquisition Agreement is a legal contract governed by U.S. law that facilitates the transfer of ownership rights to an internet domain name from one party to another. This agreement outlines the terms and conditions of the sale, including purchase price, transfer mechanics, warranties about ownership and usage rights, and compliance with ICANN regulations. It incorporates protections under federal laws such as the Anticybersquatting Consumer Protection Act and relevant trademark legislation.

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What is a Domain Name Acquisition Agreement?

A Domain Name Acquisition Agreement becomes necessary when an entity wishes to purchase a domain name from its current owner. This contract type ensures a secure and legally binding transfer of domain ownership while complying with U.S. federal and state laws, ICANN policies, and relevant trademark regulations. The agreement typically includes provisions for purchase price, payment terms, transfer process, warranties about domain ownership, and dispute resolution mechanisms. It's particularly important for protecting both parties' interests in high-value domain transactions and ensuring compliance with digital property transfer requirements.

What sections should be included in a Domain Name Acquisition Agreement?

1. Parties: Identification of buyer and seller with full legal names and addresses

2. Background: Context of the transaction and current ownership status of the domain

3. Definitions: Key terms used throughout the agreement including Domain Name, Transfer Date, ICANN, Registrar

4. Purchase Price and Payment Terms: Amount and method of payment for the domain including payment schedule and currency

5. Transfer Process: Steps for transferring domain ownership including registrar requirements and timelines

6. Representations and Warranties: Statements about domain ownership, rights, encumbrances, and compliance with laws

7. Closing Conditions: Requirements for completing the transaction including documentation and verification

What sections are optional to include in a Domain Name Acquisition Agreement?

1. Escrow Arrangements: Terms for using an escrow service for securing the transaction and payment

2. Transition Services: Support services during domain transfer including technical assistance and data migration

3. Non-Competition: Restrictions on seller's future domain registration activities and similar names

What schedules should be included in a Domain Name Acquisition Agreement?

1. Domain Details Schedule: Technical details of the domain including registration information, DNS settings, and hosting details

2. Transfer Protocol: Detailed step-by-step process for domain transfer including technical requirements and timeline

3. Payment Schedule: Detailed breakdown of payment installments, dates, and payment methods if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use

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