ENOM Premium Listing Terms and Conditions
1. eNom, Incorporated ("eNom," "we," or "our") is partnering with Afternic and Sedo (each, a "Premium Listing Service") to provide eNom's customers with a means to sell their domain name(s) to interested buyers through a network of selected registrars. If you ("you" or "your") chose to list your domain name(s) for sale through a Premium Listing Service, you (1) represent and warrant that you have full right, power, and authority to list and sell such domain name(s); and (2) expressly acknowledge, understand and agree that: (i) eNom shall not have any liability or obligations to you regarding the listing and sale of your domain name(s) through the Premium Listing Service; (ii) eNom has no control over buyers or the Premium Listing Service and makes no representations as to the reliability or capability of the listing service, or the qualifications of any potential buyer or the ability of any buyer to pay for any domain name(s); (iii) eNom will not be held liable for any non-payment by the buyer or any unauthorized disclosure of any personal or credit card information concerning the buyer; and (iv)eNom reserves the right to charge you a reasonable administrative fee (the "Administrative Fee"), such fee which will not exceed fifteen percent (15%) of the sale price you elect to list and/or sell your domain name for. You acknowledge, understand, and agree that eNom may mark up the sale price you elect to list and/or sell your domain name for by an amount equal to the Administrative Fee. With respect to Afternic, all terms and conditions related to the transfer of funds between buyers and sellers are covered in the Afternic Agreement (as defined below). With respect to Sedo, all terms and conditions related to the transfer of funds between buyers and sellers are covered in the Sedo Agreement (as defined below).
2. With respect to Afternic, you agree to all terms and conditions located at http://www.afternic.com/agreement.php (the "Afternic Agreement"). With respect to Sedo, you agree to all terms and conditions located at https://sedo.com/us/about-us/policies/purchase-and-sale-agreement/ (the "Sedo Agreement"). The Afternic Agreement and Sedo Agreement are hereby incorporated by reference.
3. eNom does not and cannot guarantee the sale or purchase of any domain name through a Premium Listing Service. Unless expressly stated otherwise, transfer of a domain name to a buyer is not instantaneous at the time of sale and may take several days to occur. Following the sale of your domain name, the domain name registration information will be modified in such a way which constitutes a "Change of Registrant" under ICANN’s Transfer Policy (the "Transfer Policy"). As such, you explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant.
4. When you register your domain name with eNom and list your domain for sale as part of the Premium Listing Service, you agree to allow eNom to disable any transfer lock feature associated with your domain name. You also agree that eNom may opt out your domain name from the Premium Listing Service for any reason, without prior notification, including, but not limited to: non-payment of fees, expiration of domain name, fraud, restrictions on transfer, or in the event of a transfer of the domain name to another registrar. When you list your domain for sale as part of a Premium Listing Service, you expressly acknowledge, understand and agree that any domain name successfully sold in a Premium Listing Service may be instantly transferred away from your account, at any point, without further notification.
5. You agree to release, indemnify, defend and hold harmless eNom and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of: a) your use of a Premium Listing Service; b) any third party claim of by any person or entity concerning your domain name, including but not limited to trademark and copyright infringement claims and right of publicity claims; c) any violation of any of eNom's rules or policies relating to the services provided; and d) any information or data you supplied to eNom. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of these terms and conditions. We shall have the right to participate in any defense by you of a third party claim related to your use of any of the eNom services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of these terms and conditions.
6. In addition to the forgoing terms and conditions, you agree be bound by the terms and conditions of the eNom Registration Agreement located at http://www.enom.com/terms/agreement.aspx, which is hereby incorporated by reference.