Afternic Terms and Conditions

Afternic Terms & Conditions, Webnames.ca terms & conditions

NOTE: The following Afternic terms and conditions are applicable only to domains you buy or sell through the Afternic aftermarket platform. These terms are not applicable to new domain registrations, transfers, or renewals, nor any other Webnames products or services.

Last published: 3/06/2017

Afternic Membership Agreement (Instant Transfer Only)

INSTANT TRANSFER TERMS OF SERVICE FOR AFTERNIC SELLERS

By offering one or more domain names that seller owns for sale via Instant Transfer (each, a "Listed Domain"), seller signifies its agreement to the applicable Instant Transfer Terms of Service in addition to our Membership Agreement, available at: https://www.afternic.com/legal , and incorporated herein by reference.

Please review these terms carefully. Some Instant Transfers are e-commerce only, without sales assistance or guidance, and these terms contain important rights and responsibilities for Afternic sellers who use Instant Transfer. To the extent that these terms of service conflict with our Membership Agreement, the conflicting terms here shall supersede the Membership Agreement but only with respect to Instant Transfers and only to the extent of such conflict.

A.a

Afternic Terms & Conditions, Webnames.ca terms & conditions

1. Seller must be an Afternic member. The terms of the Afternic Membership Agreement apply to all Instant Transfer transactions. To become a member, and participate in Instant Transfer, seller must join Afternic. The new user registration page is available at: https://www.afternic.com/join.php.
2. Seller must enroll in the Afternic DLS Premium Promotion service. For information on enrolling, go to the DLS Premium Promotion page. Specific terms related to Instant Transfer may be found at that internet address. Seller must enroll and accept the terms before seller can sell a Listed Domain via Instant Transfer.
3. Seller must register each Listed Domain with one of our Instant Transfer partners or, seller may transfer the Listed Domain to one of our Instant Transfer partners now. It must be registered with an Instant Transfer partner before seller is permitted to list a domain under the Instant Transfer process. A list of Instant Transfer partners is available at: DLS Premium Promotion page.
4. Seller must provide Afternic a Buy Now Price. Instant Transfer is primarily an e-commerce transaction, and may not involve the assistance of a salesperson. Seller must provide Afternic pricing information in advance. If seller does not supply a Buy Now Price and a Minimum Offer, the posting will either fail, or seller will experience a delay in having a Listed Domain posted for sale. Seller's name may be listed only after seller has provided Afternic a Buy Now Price and Afternic has taken reasonable steps to ensure the validity of the Listed Name.
5. Seller must provide Afternic prompt notice. Until seller notifies Afternic that a seller has sold the Listed Name(s) outside the scope of the Instant Transfer partners and/or process, Afternic and its Instant Transfer partners shall retain the right to sell the seller's Listed Name(s) until seller confirms that Afternic is in receipt of seller's notification.

B. Additional Instant Transfer Terms and Conditions for Sellers

1. Seller acknowledges and agrees that Afternic has the right to verify any proposed Listed Domain sale transaction or the underlying registration of such Listed Domain. Verification may delay the posting of a Listed Domain. Afternic, as a regular practice, will verify all proposed Listed Domains with a listing price of $10,000 USD or more. By posting a Listed Domain with a Sale Price equal to or exceeding $10,000 USD, seller agrees that a reasonable verification delay may occur.
2. Afternic reserves the right to withhold from posting a Listed Domain for any reason.
3. Seller specifically authorizes and directs Afternic to sell a Listed Domain for the Buy Now Price at any time.
4. Seller makes the following representations and warranties to Afternic:
1. Seller represents and warrants that it is in fact the legal registrant and owner of each of its Listed Names, each free and clear of any encumbrances, liens of any nature, including third party intellectual property claims or registration fees due the Transferring Registrar (other than those created by the applicable registration agreement) ("Liens");
2. Seller hereby authorizes and legally empowers Afternic to offer each Listed Name for sale via Instant Transfer, and upon completion of the sale, seller shall pass good and marketable title to buyer free and clear of any Liens;
3. each Sold Domain shall be immediately transferable from the Transferring Registrar, without restriction; and
4. Seller has no actual knowledge that any Listed Domain is the subject of an intellectual property claim of any third party.

Seller acknowledges that Afternic is relying upon these representations in offering the Listed Domain for sale via Instant Transfer.

1. Seller is prohibited from rejecting/cancelling a completed sale to a buyer once a buyer commits to the purchase of a Listed Domain by clicking the 'confirmation' button on the Afternic, BuyDomains or Reseller/Partner site.
2. Seller may change the Buy Now Price at any time; provided however, seller understands and agrees that by changing the Buy Now Price, the Listed Domain(s) is subject to a new valuation by Afternic. In addition, due to the nature of e-commerce and the internet, Afternic is unable to guarantee that any change to the Buy Now Price shall be published on Afternic and its reseller sites before an offer is received. Seller is obligated to complete a transaction with a confirmed buyer for the posted price even if seller tried to increase the Buy Now Price prior to the time of the purchase.
3. Seller understands and agrees that the Listed Domain will be made available to Afternic's Instant Transfer reseller partners. Afternic does not warrant or guarantee that a specific Listed Domain will be displayed or offered for sale by a particular Reseller Partner.
4. Seller shall pay Afternic the applicable commission according to the fee schedule available at http://www.AFTERNIC.COM/fees.php. Sales are not final until seven (7) days after the transaction has been completed.

C. Afternic Payment Terms; Fraud Notices

1.                   Afternic will remit payment of the purchase price for a Sold Domain to the seller after the expiration of seven (7) days of the purchase of the Sold Domain, net of the twenty applicable commission according to the fee schedule available at http://www.AFTERNIC.COM/fees.php, except where Afternic has received a Fraud Notice from its reseller partner.

2.                   In the case where a Fraud Notice has been issued, within seven (7) days, Afternic or its Reseller Partners shall cancel the sale transaction and make reasonable commercial efforts to return the Listed Domain back to the Transferring Registrar and under seller's control.

3.                   In the event that a credit card company notifies Afternic or one of our Instant Transfer partners of a chargeback, upon prompt notification and return of the sold name in question to Afternic, Afternic or one of our Instant Transfer partner shall have the right to request a refund of the sale price minus the commission already received, or, in the alternative, a refund of the actual amount remitted to Afternic for the sold name, provided, however, that such request is made within one-hundred eighty (180) days from the date of purchase of the relevant name(s). In such cases, our Instant Transfer partners shall return the listed name(s) to Afternic. Our Instant Transfer partners may neither seek a refund nor return the sold name(s) to Afternic one-hundred eighty (180) days after the date of purchase.

4.                   Seller acknowledges that it understands and agrees that seller's sole remedy, and Afternic's sole liability, in the event that the sale transaction is cancelled, or a Fraud Notice is received, is a return of the Sold Domain to seller's control. Afternic provides no warranty of any kind to seller. Seller acknowledges and agrees that in the event of a cancelled sale, Afternic's sole obligation, and seller's sole remedy, is limited to the return of the Sold Domain to seller's control unless Afternic is barred from taking such action due to legal or registry requirements.

Webnames.ca Premium Promotion Terms and Conditions

1. Webnames.ca is partnering with Afternic® to provide Webnames.ca's customers with a means to sell their domain name(s) to interested buyers through a network of selected registrars. If you chose to list your domain name for sale through Afternic's DLS Premium Promotion service, you expressly acknowledge, understand and agree that: (i) Webnames.ca shall not have any liability or obligations to you regarding the listing and sale of your domain name through Afternic's DLS Premium Promotion service; (ii) Webnames.ca has no control over buyers or the Premium Promotion 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 a domain name; and (iii) Webnames.ca does not collect, retain or have access to any credit card information of buyers nor does it process the payment of funds between you and a buyer and therefore cannot be held liable for any non-payment by the buyer or any unauthorized disclosure of any personal or credit card information concerning the buyer. All terms and conditions related to the transfer of funds between buyers and sellers are covered in the Afternic Terms of Service located at https://www.afternic.com/legal .

2. We do not and cannot guarantee the sale or purchase of any domain name through the Afternic Premium Promotion service. Transfer of a domain name to a buyer is not instantaneous at the time of sale and may take several days to occur.

3. When you register your domain name with Webnames.ca and list your domain for sale as part of Afternic's Premium Promotion service, you agree to provide advance non-terminating authorization for your domain name to be transferred to another Registrar as part of the completion of sale.

4. You also agree that Webnames.ca may "opt out" your domain name from the Afternic DLS Premium Promotion 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.

5. Pursuant to the ICANN Transfer Policy, which requires a Registrar of Record to confirm the intent of the Registered Name Holder when a notice of a pending transfer is received from the Registry, you explicitly authorize Webnames.ca to act as your temporary Designated Agent for receiving and approving any such confirmations, as part of a completion of sale. This does not provide expressed or implied authorization for Webnames.ca Inc to act as your Designated Agent in any other future capacity.

6. You agree to release, indemnify, defend and hold harmless Webnames.ca 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 Afternic's Premium Promotion service; b) any third party claim for trademark or copyright infringement by any person or entity concerning your domain name; (c) any violation of any of Webnames.ca rules or policies relating to the services provided; (d) any information or data you supplied to Webnames.ca. 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. 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 Webnames.ca 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.

7. In addition to the foregoing Terms of Use, you agree be bound by all Webnames.ca Terms and located at https://www.webnames.ca/terms/terms.aspx