The Domain Name Sale Agreement is a crucial legal instrument used when transferring ownership of domain names in Canada. This document is essential for businesses and individuals engaged in buying or selling domain names, whether as part of a business acquisition, brand expansion, or digital asset management strategy. The agreement complies with Canadian federal and provincial electronic commerce laws, including PIPEDA and relevant provincial e-commerce legislation. It typically includes detailed provisions for transfer procedures, payment terms, warranties about domain ownership and usage rights, and compliance with CIRA requirements for .ca domains. This document is particularly important for protecting both parties' interests by clearly defining the transfer process, establishing ownership rights, and addressing potential disputes.
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1. Parties: Identification of the Seller and Buyer, including full legal names and contact details
2. Background: Context of the sale, including current ownership status and intention to transfer
3. Definitions: Key terms used throughout the agreement, including 'Domain Name', 'Registration Authority', 'Transfer Date'
4. Sale and Purchase: Core transaction terms, including the domain name details and purchase price
5. Transfer Process: Specific steps and timeline for transferring the domain name
6. Payment Terms: Payment amount, method, and timing details
7. Seller's Warranties: Warranties regarding ownership, right to sell, no encumbrances, and domain status
8. Buyer's Warranties: Warranties regarding legitimate intended use and ability to pay
9. Completion: Actions required at completion and post-completion obligations
10. Governing Law and Jurisdiction: Specification of Canadian law and jurisdiction for dispute resolution
1. Escrow Arrangements: Details of escrow service if used for the transaction
2. Domain History: Historical information about the domain's use and ownership, relevant for high-value domains
3. Intellectual Property Rights: Additional provisions regarding associated intellectual property, particularly if the domain includes trademarks
4. Confidentiality: Confidentiality obligations if the transaction details are to remain private
5. Domain Revenue Transfer: Provisions for transferring existing revenue streams if the domain generates income
6. Technical Support: Post-transfer technical support obligations, if any
7. Non-Competition: Restrictions on seller's future domain activities if agreed
8. Force Majeure: Provisions for unforeseen circumstances affecting the transfer
1. Domain Details Schedule: Technical details of the domain including registration dates, hosting information, and authentication credentials
2. Transfer Procedure: Step-by-step technical procedure for domain transfer
3. Associated Assets: List of any associated assets included in the sale (e.g., logos, content, social media accounts)
4. Payment Schedule: If payment is to be made in installments, detailed payment timeline and conditions
5. Domain Analytics: Historical traffic data, revenue data, and other relevant analytics
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