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DOMAIN NAME LEASE AGREEMENT

Version No. 08032018


This Agreement is made as of the time Lessee clicks the box marked "OK" or "I Accept" during the checkout process (the "Auction Won Date") and is by and between Dot Expert Brands, and the party making such click or selection ("Lessee").


1. Definitions

“Domain Name” means:  {WonDomainName.EXPERT} .

"Auction Won Date" means: The date the domain auction was won and Activation Fee is paid at RealEstateExpert.Domains auction website checkout.

"Effective Date" means: The date the Monthly Auto-Payments are initiated by the Lessee at the Domain Registrar Service Provider website checkout.

“Activation Fee” means: One-Hundred-Fifty U.S. dollars (US $150.00), minus any Referral Partner Reward discount or promotional code for the first Won Domain and One-Hundred U.S. dollars (US $100.00), minus any promotional code for any additional Won Domains at auction.

“Monthly Fee” means: The auction won price, subject to an annual increase of ten percent (10%) annually for domains leased at fifty dollars (US $50.00) or more per month, and five dollars (US $5.00) annually for domains leased at less than fifty dollars (US $50.00) per month beginning on the first day of the 12th month after the Effective Date of this Agreement.

Processing Fee” means: 3.5% of the total costs at checkout.

Domain Registrar Service Provider” means: “Epik.com”, the ICANN accredited domain name management platform chosen by Dot Expert Brands for payment processing of the Monthly Fee, and provide secure access rights to Lessee for Domain Name Services (DNS) of the Domain Name via private website registration.

1.1 Ownership of Domain Name

  1. (a) The Lessor shall remain registered to the Lessor throughout the Term of this Lease and retains full title to the Domain Name notwithstanding the Lease of the same to the Lessee subject only to the right only to use the Domain Name in accordance with the terms of this Lease, and subject to any valid exercise of the Option.

2. Grant of Rights

(a) Lease. Dot Expert Brands grants to Lessee the right to use the Domain Name solely in connection with Lessee’s licensed real estate services during the term of this Agreement, subject to the terms and conditions set forth herein.

(b) DNS Records. To enable use of the Domain Name by Lessee, Dot Experts Brands may make available to Lessee private access through a registration process for Lessee to make DNS changes that are necessary and appropriate for Lessee to use the Domain Name.

3. Restrictions

(a) Lessee agrees that it will use the Domain Name solely in connection with the sale or rental of real estate by Licensee.

(b) Nothing in this Agreement shall be construed as granting to Lessee any right, title or interest in or to the Domain Name other than the right to use the Domain Name on the terms described herein. Any goodwill in the Domain Name accrued during the term of this Agreement shall enure solely to the benefit of Dot Expert Brands as registrant of the Domain Name. Lessee will not take any action, directly or indirectly, to contest Dot Expert Brands’ registration of and rights in and to the Disputed Domain Name, during or after the term of this Agreement.

(c) Lessee agrees that it will use the Domain Name only for lawful purposes and that it will comply with all applicable laws, regulations and policies. Lessee will immediately notify Dot Expert Brands in writing if, at any time, Lessee is notified or becomes aware of any allegation or claim by a third party questioning Dot Expert Brands’ registration, or Lessee’s use, of the Domain Name, including but not limited to any claims or allegations of trademark infringement or dilution or violation of any applicable domain name dispute policy, including but not limited to the Uniform Domain Name Dispute Resolution Policy or the Uniform Rapid Suspension System.

(d) Without limiting the foregoing, Lessee agrees that it will not use the Domain Name in connection with spamming (including the sending of unsolicited bulk email and/or commercial messages), profanity, defamation, pornography, obscenity, abuse, hacking (including the unauthorized access or attempted access of computers, accounts or networks), viruses, worms, Trojan horses, malware or any other disruptive activity.

4. Fees

(a) On the Auction Won Date of this Agreement, Lessee shall pay to Dot Expert Brands the Activation Fee.

(b) In consideration for the rights granted by Dot Expert Brands to Lessee in this Agreement, Lessee shall pay to Dot Expert Brands or to an agent appointed by Dot Expert Brands the Monthly Fee on the Effective Date of this Agreement for successive one (1) month terms pursuant to paragraph 5.(a) of this agreement.

(c) Lessee shall pay a Processing Fee on all payments, fees and amounts.

(d) Lessee shall pay to Dot Expert Brands or its agent all taxes that Dot Expert Brands is required by law to collect from Lessee or to remit to a governmental authority for or on behalf of Lessee.

(e) All amounts specified in this Agreement are in U.S. currency and are payable in U.S. currency.

(f) If Lessee fails to pay the Monthly Fee within five (5) days after the due date, (i) the domain name will be removed from the Lessee’s account and returned to the Lessor, (ii) Dot Expert Brands may pursue any collection costs incurred by Dot Expert Brands or its agent, including without limitation, any arbitration, and legal fees and reasonable attorneys’ fees incurred by Dot Expert Brands, and its agent, and (iii) may immediately enter into a lease or other agreement with any third party with respect to the Domain Name.

5. Term and Termination

(a) The initial term of this Agreement shall commence on the Effective Date and shall expire on the same calendar day of the following calendar month.  This Agreement may be renewed by Lessee for successive one (1) month terms, provided that Lessee has made all payments to Dot Expert Brands as required under this Agreement.   To be clear, if the Effective Date is May 5th, the Agreement would be renewed the following month on June 5th with payment or it would expire.

(b) Dot Expert Brands may immediately terminate this Agreement upon occurrence of any of the following: (i) Lessee fails to submit any payments when due to Dot Expert Brands under this Agreements, (ii) Lessee violates any of its warranties or representations in this Agreement, (iii) Lessee uses the Domain Name in a manner that is forbidden by this Agreement, (iv) the Domain Name is subject to a domain name dispute; or (v) Dot Expert Brands ceases to be the registrant of the Domain Name as a result of any circumstance beyond Dot Expert Brands’ control or as a result of an order or direction issued by a court, arbitrator or administrative panel in any legal proceeding. In the event of such termination, Dot Expert Brands shall have no further obligation to Lessee or any other party with respect to the Domain Name, and Lessee’s sole remedy shall be a release from its obligation to submit any Monthly Fees to Dot Expert Brands that would be due after the date of termination.

(c) If Dot Expert Brands should at any time receive notification from any third party that Lessee’s use of the Domain Name violates any applicable law, regulation or policy, or if Dot Expert Brands determines in its sole discretion that Lessee has used or is using the Domain Name in violation of any term or condition of this Agreement, then Dot Expert Brands may immediately terminate this Agreement without further obligation to Lessee, and any and all fees payable by Lessee to Dot Expert Brands under this Agreement during the term of this Agreement shall become immediately due.

(d) Following termination or expiration of this Agreement for any reason, and unless Dot Expert Brands has actually transferred the Domain Name to Lessee in exchange for payment by Lessee of the Purchase Price, Dot Expert Brands may use or grant to a third party the right to use the Domain Name in any manner.

(e) 6 Month Money-Back Guarantee (6MG) - Certain domains may offer a Risk-Free 6-Month Money-Back Guarantee. For only these domains, the Lessee may cancel the lease agreement for any reason, within 14 days of the Guarantee expiration date or extended expiration date as defined in the Bidder's Dashboard and on the Paid Invoice for a full refund of up to 6 months lease payments paid (Activation Fee, Processing Fee and Sales Tax are excluded)

(f) Lessee may cancel the domain lease for any reason or no reason at any time. Canceling the domain lease agreement is a 2 step process as follows:

Cancel the Lease Agreement

Log in to RealEstateExpert.domains and go to the Bidder Dashboard. Find the domain you wish to cancel located under the “Bids Won” or “Lease Now” tabs. Select “Cancel My Lease”. Confirm cancellation. Your lease agreement will be immediately terminated.

Terminate the monthly recurring auto-payments

Log in to your account at Epik.com, the Domain Registrar Service Provider. Locate your leased domain under “My Domains”, click the “Terminate” button and confirm. The domain will be immediately removed from your account by the Domain Registrar Service Provider and returned to the owner’s account. All future recurring payments will be immediately terminated.

Other than as described herein, there are no refunds for any payments made prior to the effective date of cancellation, including but not limited to previous monthly lease payments; registration fees or charges; partially used periods; and bank/merchant fees.

6. Warranties and Representations

(a) Dot Expert Brands warrants that: (A) it has all requisite power and authority to execute, deliver and perform its obligations under this Agreement; and (B) it (or its designee) is the registrant of the Domain Name and Dot Expert Brands (or its designee) will renew and not voluntarily relinquish registration of the Domain Name during the term of this Agreement. Nothing in this Agreement compels Dot Expert Brands to defend any legal action brought by a third party regarding the Domain Name, or to take any action other than as described in this Agreement. If at any time Dot Expert Brands (or its designee) is no longer the registrant of the Domain Name for any reason, Lessee’s sole remedy shall be termination of this Agreement.

(b) DOT EXPERT BRANDS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE) RELATED TO THE DOMAIN NAME AND USE OF THE DOMAIN NAME BY LESSEE, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR RESULTS AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LESSEE IS SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE DOMAIN NAME TO ACHIEVE LESSEE’S DESIRED RESULTS, AND DOT EXPERT BRANDS DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT THE DOMAIN NAME WILL MEET LESSEE’S REQUIREMENTS OR THAT LESSEE’S USE OF THE DOMAIN NAME WILL ACHIEVE ANY SPECIFIC RESULTS.

(c) By Lessee. Lessee warrants and represents that it: (i) has read and understood every clause of this Agreement; (ii) will use the Domain Name only as specified in this Agreement; (iii) is eligible to enter into this Agreement according to all applicable laws.

7. Indemnification

Lessee agrees to indemnify, defend and hold harmless Dot Expert Brands and its affiliates, employees, agents, suppliers and licensors (the Dot Expert Brands Indemnified Parties) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against Dot Expert Brands or any of the Dot Expert Brands Indemnified Parties arising out of or relating to (i) Lessee’s use of the Domain Name, (ii) any breach or violation by Lessee of this Agreement; or (iii) any of Lessee’s acts or omissions. The terms of this section shall survive any termination of this Agreement.

8. Limitation of Liability

EACH PARTY’S LIABILITY (IF ANY) TO THE OTHER PARTY ARISING FROM, CONNECTED WITH OR RELATING TO THIS AGREEMENT OR THE DOMAIN NAME OR ANY RELATED MATTER (INCLUDING THE USE OR INABILITY TO USE THE DOMAIN NAME) IS LIMITED TO DIRECT DAMAGES SUFFERED BY THE OTHER PARTY ONLY, AND IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE, OR ANY LOSS OF DATA, LOSS OF INFORMATION, LOSS OF BUSINESS, LOSS OF MARKETS, LOSS OF SAVINGS, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF USE, LOSS OF PRODUCTION OR LOSS OF GOODWILL, ANTICIPATED OR OTHERWISE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL DOT EXPERT BRANDS’ TOTAL AGGREGATE LIABILITY TO TENANT ARISING FROM, CONNECTED WITH OR RELATING TO THIS AGREEMENT OR THE DOMAIN NAME OR ANY RELATED MATTER (INCLUDING THE USE OR INABILITY TO USE THE DOMAIN NAME) EVER EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY LESSEE TO DOT EXPERT BRANDS DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE LIABILITY AROSE.

9. Miscellaneous

(a) Headings. The headings herein are for convenience only and are not part of this Agreement.

(b) Choice of Law and Jurisdiction. This Agreement will be governed by and construed under the laws of the state of Florida without regard to the principles of choice of law. The parties agree that any legal action brought under or in conjunction with this Agreement shall be brought in a federal or state court of appropriate jurisdiction in or closest to Collier County, Florida, and venue shall be proper in that court.

(c) Entire Agreement. This Agreement represents the entire understanding and agreement of the parties regarding the subject matter of this Agreement and supersedes all prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may not be modified or amended, except by a written document duly executed by both parties.

(d) Assignment. Lessee may not assign this Agreement without the prior written consent of Dot Expert Brands.

(e) Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns.

(f) Severability. If any provision of this Agreement is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of this Agreement, which shall remain in full force and effect. of the other provisions of this Agreement, which shall remain in full force and effect.

(g) No Waiver. If a party fails or is delayed in exercising any right, power or privilege under this Agreement, it shall not be considered a waiver.

(h) Counterparts. This Agreement may be executed in counterpart signature pages. The parties may exchange signature pages by facsimile, email or other electronic means.

The Parties acknowledge that this Lease Agreement is made by the Lessor and the Lessee using online, electronic processes available through the RealEstateExpert.Domains and Registrar Service Provider (Epik.com) websites, and that no further action or formality (such as a signed paper contract) is required for this Lease Agreement to be valid and binding.