Domain Name Transfer Agreement

A domain name is a name used to identify the location of a website on the internet. The registrant of a domain name has rights to use that particular domain name rather than any particular intellectual property rights in the name itself. These rights are granted by a registrar (under the Domain Name Server (DNS) system) and are usually granted for a specific period of time such as 1, 3, 5 or 10 years. Once registered, a domain name can be transferred or assigned to a third party using a Domain Name Transfer Agreement.

If you transfer a domain name, you will need to go through the DNS transfer process via the registrar of the domain name in order to legally transfer the domain name. In addition, you should also use a deed of transfer or assignment to formally transfer any rights associated with the domain name which the existing registrant may have – which may simply be rights to a brand name, business name or trade name. These associated rights may well be independently valuable. For example, lastminute.com uses its domain name “lastminute.com” as its business and trading name.

Companies with brand names such as Enodare will usually consider it important to register domain names which contain references to its own name such as enodare.ie and enodare.com. Similarly, if Enodare engaged a third party to register the domain name on its behalf and to develop a website, it will want to have that third party transfer the domain name to it on completion of the project and, in addition, assign any and all rights in the domain name and website to it so as to obtain the full value of all the intellectual property rights or other rights associated with them. A domain name without the associated IPR can be hugely problematic; as can the IPR in a name without the domain name! Therefore the transfer of the domain name and associated rights can be very important.

In order to transfer a domain name, the parties will enter into a deed of assignment/transfer of a domain name. Enodare’s deed of assignment provides for the transfer of all rights in relation to the domain name and, amongst other things, obliges the transferor to provide all assistance that the transferee reasonable requires to facilitate the transfer of the domain name – this would include any assistance in relation to the official re-registration of the domain name with the registrar.

Detailed information in relation to each clause of this agreement and on how to complete the agreement are contained in the notes that accompany the agreement.

Clauses Included in this Domain Name Transfer Agreement:

• Defined Terms Clause
• Transfer Clause
• Warranties Clause
• Further Assurance Clause
• Indemnity Clause
• Notices Clause
• Confidentiality Clause
• Counterparts Clause
• Entire Agreement Clause
• Governing Law and Jurisdiction Clause

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