Auction Submission

• PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. RIGHTOFTHEDOT AUCTION AND BROKERAGE TERMS OF SERVICE AND THE GODADDY AUCTION MEMBERSHIP AGREEMENT TERMS OF SERVICE Updated: November 14, 2019 Key Terms Highlights for the NamesCon Auction and Brokerage (which are part of the Terms of Service as further outlined below): · For the RightOfTheDot (ROTD) Auctions at NamesCon YOU understand and acknowledge that ROTD has the right to deny any premium renewal priced domains - designated as premium priced renewal domains by the applicable registry or otherwise subject to premium renewals. Even if a Domain is not designated as premium, Sellers may not list domains with transfer/renewal costs over one hundred Dollars USD ($100.00) without ROTD approval; · YOU understand and agree that all domains sold in conjunction with the ROTD Auction at NamesCon are to be provisioned to their respective Buyers through GoDaddy.com, LLC. Pre-bidding and the extended auction will be taking place at GoDaddy Auctions - https://auctions.godaddy.com/ YOU MUST HAVE A GODADDY ACCOUNT - https://sso.godaddy.com/account/create TO PARTICIPATE AS A POTENTIAL SELLER IN THIS AUCTION. YOU MUST SET UP A GODADDY PAYEE ACCOUNT HERE: https://www.godaddy.com/help/set-up-a-payee-account-3884. As such, once a Domain is paid by the winning bidder / buyer YOU ARE required to transfer the Domain to your account at the GoDaddy.com Registrar, whereby YOU ARE responsible for the related transfer fee, although discounted transfer fee pricing may be available. Please note that YOU ARE responsible for the transfer of the Domain and the transfer fee, regardless of how much time is left on the current registration period; & · Sellers are typically paid within thirty (30) days from the date an Auction is paid by the Buyer and the Domain is delivered to the Buyer. I agree and understand: This document governs your participation in any live or online or extended auction of internet domain names, ("Domain” and/or “Domains") including silent auctions, extended online auctions, and/or brokered sales conducted by RightOfTheDot.com, LLC and/or a third party partner in conjunction with RightOfTheDot.com, LLC, including GoDaddy.com LLC (collectively referred to herein as "ROTD", "RightoftheDot.com, LLC", "we," "us" or "our") of Domains submitted by you (in such capacity, a "Seller") for inclusion in a Live Auction, Online Auction, Extended Auction and/or Brokered Sale (any and all of which are referred to herein as a “ROTD Auction” and/or “Auction”). By creating a Seller account or submitting any Domains for sale in any ROTD Auction you are agreeing to be bound by these terms of service (the "ROTD Terms"), which includes all of our terms and conditions and policies referenced herein such as our Fee Schedule and Policies, and ROTD’s Privacy Policy ("Privacy Policy") referenced in Paragraph 8 herein. We strongly encourage you to read these Terms of Service as well as the terms of service of any other linked information referenced herein. In the event ROTD utilities a third party to conduct or assist in the ROTD Auction, such as GoDaddy.com, LLC, such third party will have it’s own Terms of Service, attached or linked in the Addendum and are incorporated herein (both the ROTD Terms as well as those attached or linked in Addendum are herein referred to as the “ROTD Terms of Service” and/or “Terms of Service”). In the event of any conflict between these Terms of Service and the terms of such a third party, the ROTD Terms shall control. In order to participate in any ROTD Auction you MUST first agree to be bound by these Terms of Service. ROTD reserves the right to change any of the terms and conditions contained in these Terms of Service, our Fee Schedule and Policies and our Privacy Policies at any time with or without notice. You are responsible for complying with any changes to these documents within ten (10) days of the date of change. 1. Seller Responsibilities A. In order to list a Domain/s in a ROTD Auction, Seller agrees to the following: i. Seller shall submit to ROTD one or more Domains to sell at such Auction or along with a minimum reserve price for each Domain. Submission maybe made at ROTD discretion electronically through ROTD.com website and/or by email, or other online submission process including a third party service. By submitting one of more Domains, the Seller agrees to ROTD Terms of Service. As used herein, the term "reserve price" means the minimum price that the Seller is willing to accept, EXCLUDING the net of commissions and fees for a Domain. ii. The Seller shall promptly upon request by ROTD, provide ROTD with complete and accurate information regarding Seller, the Domains and such other information and data as ROTD may reasonably request from time to time in order to permit ROTD to perform its duties hereunder. This requested information may include all previous and future offers or bids you have received through email or phone, traffic data, domain parking related data, revenue generation, trademark, and / or any other relevant information that will help ROTD sell your domains. iii. For the ROTD Auction at NamesCon, Seller understands and acknowledges that ROTD may be unable to auction domains designated as premium by the applicable registry or otherwise subject to premium renewals. Even if a Domain is not designated as premium, Sellers may still not list domains with transfer/renewal costs over One Hundred Dollars USD ($100.00) unless approved by ROTD. B. In the event any Domains submitted to ROTD have been accepted by ROTD for Brokerage, Live, Extended or Online Auctions, the Seller is bound to the following terms, from the date of submission and / or acceptance by ROTD until the Brokerage, Live, Online and/or Extended auction is completed and for Sixty (60) days thereafter: (the "Exclusive Sale Period"). Seller agrees not to (a) sell, or offer for sale, the Domains except for a sale through ROTD in Brokerage, Auction or private/public sale or (b) use, appoint or engage any person or entity other than ROTD to act as its agent, sales representative or in a similar capacity with respect to the Domain(s) during the term of this Agreement. In accordance with the foregoing, Seller shall: i. Refer to ROTD all previous, pending and future inquiries from brokers, agents, purchasers or others interested in the Domains; ii. Assist ROTD with the marketing and sale of the Domains as may reasonably be requested (such assistance shall be at ROTD sole expense unless Seller provides express written authorization in advance); iii. The Seller may not increase the reserve price under any circumstances or withdraw the Domain from auction. The Seller Agrees that if it attempts to adjust the reserve price or withdraw the Domains from the Auction ROTD will have, in addition to any other rights it may have at law, have the right to file an action for Declaratory Judgment seeking that the Domains maybe sold at the submitted net reserved price or demand the owed commission based on the Auction Reserve price (minimum net price to seller plus ROTD commissions) for such domain. In such event the Seller shall bear all court costs as well as all the reasonable legal fees of ROTD regardless of if the Domains actually sells in any auction or the Broker Exclusive Period (date of submission through 60 days after the Extended Auction ends). However ROTD reserves the right, but is under no obligation to lower its fees to consummate a transaction at Sellers Reserve Price; iv. In the event that (i) Seller fails to honor its obligation to deliver a Domain which has been purchased in an Auction or if Seller has accepted an offer, written or oral, presented in ROTD Brokerage or if (ii) Seller erroneously submits a Domain(s) to ROTD which Seller does not in fact own or otherwise have the right to sell and such error is not discovered by ROTD or by Seller prior to the sale of such Domain(s) or (iii) Seller sells, or otherwise transfers the Domain(s) prior to during of for the 60 days after then end of the Live, Online or Extended auction, the Seller acknowledges and Agrees that they are obligated to pay to ROTD the fee equal to the amount that ROTD would have earned hereunder if the sale had it occurred at the reserve price (See Fee Schedule and Policies), in addition to any other remedies that ROTD may have at law or in equity; v. Not under any circumstance bid on Domains it has submitted at Auction, either directly or through an agent or engage in any conduct that could be considered bid rigging and/or bid tampering or collusion within the meaning of the laws of the United States; and 2. ROTD Responsibilities A. In selling a Domain submitted by Seller for sale at an Auction or private Brokerage sale and accepted by ROTD for inclusion in such Auction or for Brokerage, ROTD shall: i. Use commercially reasonable efforts to secure buyers for such Domain(s) at or above the reserve price, provided that in ROTD sole discretion it may choose not to sell or list a particular Domains for sale or Auction for any reason; ii. To not consummate the sale of a Domains on Seller's behalf (i) unless and until the minimum reserve price has been met or if an offer is presented to and accepted by the Seller (via email or phone) between ROTD and Seller, (ii) in the event that the reserve price has been agreed upon, but is not met, unless and until Seller has given its written or verbal consent (which may be accomplished by phone, e-mail or text) to the proposed sales price for such Domain below the reserve price and (iii) if the buyer of the Domain has defaulted in its obligation to consummate the sale of the Domain; iii. Handle customer billing, collections and order fulfillment and payment to the Seller (unless ROTD uses the Services of a third party and / or an Escrow company for this purpose); iv. Work directly with or third party work with Seller and Buyer to attempt to quickly resolve disputes, if any arise; and v. Perform its responsibilities in a diligent, competent and professional manner. B. Seller acknowledges that nothing in these Terms of Service require ROTD to render services solely to Seller or to devote its entire business time and effort to the performance of its duties hereunder. In furtherance of the foregoing, Seller further agrees that ROTD shall have the right to act as an agent, sales representative, distributor and/or marketing agent for persons and entities other than Seller, including, without limitation, persons and entities who are or whom may be in competition with Seller. 3. Non-Circumvention A. In addition to any other rights ROTD may have, if a Domain is accepted for a ROTD Auction or Brokerage during the Exclusive Sales Period, and for a period of one year following the termination of the Exclusive ROTD Sale Period, Seller shall not, directly or indirectly: i. Make contact or attempt to make contact, solicit or attempt to solicit, negotiate or attempt to negotiate, enter into or attempt to enter into any agreement, and/or transact or attempt to transact any business with any potential purchaser (or such purchaser's attorneys, agents (other than ROTD), representatives, employees, officers, directors, principals, owners, shareholders, members, managers or any person or entity that is connected, directly or indirectly, with such purchaser) procured by or introduced to Seller by ROTD, except to the extent such contact is through, or with the prior written consent of, ROTD; or ii. Commit any other acts, directly or indirectly, which would affect in any way whatsoever, circumvent the restrictive covenant stated herein. B. In the event that Seller violates the provisions of this Section, ROTD shall be entitled to receive its full fee as if such Domain were sold for the auction reserve price, or an offer otherwise accepted by the seller (See Addendum 1 Fee Schedule and Policies). 4. Domain Transfer For all Sellers who submit Domain(s) for sale using the ROTD Auction, all Domains to be sold using the ROTD Auction Services (and if privately brokered within the 60 day period after) will be transacted through ROTD or through it’s designated partner for transfer and escrow services (the "Transfer Service"). Further terms and conditions applicable to the designated Transfer Service are set forth in the designated “Transfer Service” Policies and Procedures (See Addendum) and such terms and conditions are deemed a part of these Terms of Service. ROTD provides the links or TOS of the designated transfer service as part of the submission and selection process and are attached as Addendum. Sellers agree to transfer all Domains sold promptly following the sale of any such Domain. You understand and agree that all domains sold in conjunction with the ROTD Auction at NamesCon are to be provisioned to their respective Buyers through GoDaddy.com, or other registrar designated by GoDaddy.com. As such, once a Domain is paid by buyer / bidder, you are required to transfer the Domain to your account at the registrar designated by GoDaddy.com, whereby you are responsible for the related transfer fee, although discounted transfer fee pricing may be available. Please note that you are responsible for the transfer of the Domain and the transfer fee, regardless of how much time is left on the current registration period; & 5. Fees and Taxes A. For every Domain submitted by Seller which is accepted by ROTD and sold in a ROTD Auction or Privately Brokered (i) ROTD shall be entitled to a fee in accordance with the Fee Schedule and Policies, and (ii) ROTD shall use commercially reasonable efforts to remit the sale price, net of all applicable fees, to the Seller within thirty (30) days following the consummation of the sale and completed transfer of an applicable Domain, it being understood that in certain circumstances it may not be possible or practical to remit such sale price within such period and a longer period of time may be required to remit the applicable purchase price. B. Seller understands and agrees that taxes and or VAT with respect to any sales of Domains will not be withheld or paid directly or indirectly by ROTD. Seller understands and agrees that it is Seller's responsibility to pay all local, state, federal, and/or foreign taxes on the proceeds received by it from any sale of a Domain at an Auction, other than any Fees collected and retained by ROTD. ROTD understands and agrees that it is its responsibility to pay all local, state, federal, and/or foreign taxes on the Fees received by it with respect to the sale of any Domain. 6. Representations, Warranties and Covenants A. Seller hereby represents warrants and covenants as follows: i. It has the full power and authority to perform its obligations set forth herein, including the power to sell, transfer, convey and deliver, good, valid and marketable title to the Domains proposed to be sold by it in the Auction; ii. To the best of the Seller's knowledge, the Domains do not infringe upon or violate the intellectual property rights of any third party including Trademarks, Copyrights, etc; iii. The Domains are not subject to any legal threats including but not limited to any UDRP, URS, litigation, arbitration, claims, disputes or other legal proceeding, either pending or threatened; iv. Seller has full right, title and interest and the authority to sell to the Domains free and clear of all liens, claims, encumbrances, licenses and security interests, and that Seller is not insolvent or in Bankruptcy Court. If the Domains are owned by a company, Seller agrees it has the full corporate authority to submit the Domains on behalf of the corporate owner; v. No action or relationship described or contemplated by these Terms of Service (including the sale of Seller's domain by ROTD) infringes, or will cause to be infringed, the intellectual property rights of any third person; vi. Any material information provided by Seller about any Domains submitted for sale at an Auction, including but not limited to traffic statistics, previous purchase prices, and/or pay per click advertising earnings, is accurate to the best of Seller's knowledge; vii. Seller's performance under this Agreement shall comply with all applicable laws, regulation and policy; and viii. Seller shall not use jointly produced marketing materials without written permission. B. ROTD hereby represents warrants and covenants as follows: i. It has the full power and authority to perform its obligations set forth herein; ii. It will perform its obligations under this Agreement in a timely manner, in good faith and with all due skill and care; and iii. Its performance under this Agreement shall comply with all applicable laws, regulation and policy. C. Limitations on Representations and Warranties SELLER ACKNOWLEDGE THE ADVANCED AND SPECULATIVE NATURE OF DOMAIN SALES AND AUCTIONS AND FURTHER UNDERSTANDS THAT NO GUARANTEES OR WARRANTIES CAN BE MADE OR EXPECTED WITH RESPECT TO SUCH CONCEPT OR THE SERVICES CONTEMPLATED HEREIN. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER THEREFORE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR THE PARTICULAR PURPOSE OR USE, AND EACH PARTY AGREES THAT THERE ARE NO WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROTD AND ITS PARTNERS SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING (A) THE SUCCESS OF A SALE OF ANY DOMAIN, (B) THE NUMBER OF PERSONS, IF ANY, WHO MAY VIEW THE DOMAIN FOR SALE, AND (C) THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF THE SERVICES OFFERED HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROTD OR ITS PARTNERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE INABILITY OF A DOMAIN TO BE SOLD, EVEN IF ROTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ROTD FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SELLER. 7. Indemnification; Remedies A. Seller agrees to indemnify, defend and hold harmless ROTD and its parent and its respective subsidiaries and their respective officers, directors, shareholders, affiliates, employees, agents, successors and assigns as well as any of ROTD’s partners or third parties that ROTD utilizes to conduct or assist in the ROTD Auction (the "ROTD Parties"), at its expense, from and against any and all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by the ROTD Parties, known or unknown, contingent or otherwise, directly or indirectly arising from or related to any breach of a warranty by Seller or failure to perform any covenants required of Seller under these Terms of Service. B. Seller agrees that irreparable damage would occur in the event that any of the provisions of these Terms of Service were not performed by Seller in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the ROTD Parties shall be entitled to an injunction or injunctions to prevent breaches of these Terms of Service by Seller and to enforce specifically the terms and provisions of these Terms of Service, this being in addition to any other remedy to which the ROTD Parties are entitled at law or in equity. 8. Privacy Policies The ROTD Privacy Policy, if any, is hereby incorporated by reference into these Terms of Service. The ROTD Privacy Policies provide your rights and ROTD’s responsibilities with regard to your personal information. ROTD shall not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policies. For purposes of these Terms of Service, information about the Domains provided by Seller and the transactions those Domains generate, including pricing, reserve prices, and actual sales prices shall not be considered personally identifiable information or confidential information subject to any duty of confidentiality. ROTD may also share this information with its auction partners for the purposes of promoting, selling, brokering, auctioning, and completing the sale of any domains submitted to auction or brokerage. 9. Intellectual Property As between ROTD and Seller, ROTD shall own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), including but not limited to, all software, technology, materials, guidelines, documentation (and any derivative works or enhancements thereof), relating in any way to the conduct of the Auction and the Services provided hereunder. For purposes of the Agreement, "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide. 10. Modifications and Waivers ROTD reserves the right to change any of these terms and conditions at any time without notice. Seller is responsible for complying with any changes to the terms and conditions within ten (10) days of the date of change. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Service shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by ROTD in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 11. Governing Law; Jurisdiction and Venue These Terms of Service will be governed by, and construed in accordance with, the laws of the State of Florida, without reference to conflict of laws principles thereof. Any claim, dispute or litigation based hereon, or arising out of, under, or in connection with these Terms of Service, shall be brought and maintained exclusively in the state or federal courts located in Florida. Seller hereby expressly and irrevocably consents to, and waives all defenses of lack of personal jurisdiction and forum non-convenes with respect to, venue and jurisdiction in the state and federal courts of Florida. Seller irrevocably consents to the service of process by personal service within or without the State of Florida. SELLER AND ROTD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 12. Attorney’s Fees ROTD or any of its partners prevail or not prevail in any action, suit, or proceeding arising from or based upon these Terms of Service, ROTD shall be entitled to recover from Seller ROTD’s reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or collection proceeding, even if ROTD does not prevail in such dispute or action. 13. No Joint Venture/No Assignment ROTD (and its partners) and Seller are independent contractors and do not intend to create any partnership, joint venture, agency, franchise, sales representative or employment relationship between them. Seller may not assign any of its rights or delegate any of its duties under these Terms of Service without the prior written consent of ROTD. Despite such consent, no assignment shall release Seller of any its obligations or alter any of its primary obligations to be performed under these Terms of Service. These Terms of Service shall bind and inure to the benefit of Seller's and ROTD successors, permitted assigns, heirs, executors and administrators of the parties to these Terms of Service. 14. Force Majeure If ROTD or any of its partners, such as NameJet, fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused. ROTD and its partners reserve the right it their sole judgment, to temporally postpone or extend the closing time for an auction in the event of Internet connectivity issues, or system failures or similar issues. 15. Severability If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Except as may be set forth in an written agreement signed between ROTD and Seller which specifically amend or supplement these Terms of Service, these Terms of Service constitute the final, complete, and exclusive statement of the terms of the use of the Services between the parties and supersedes all prior and contemporaneous agreements, negotiations or understandings or agreements with respect hereto. 16. Notices. Notice must be given to ROTD at the address set forth on its respective website and to Seller via any contact information Seller includes with any Domain submission, including but not limited to the email address provided by Seller. 17. Headings, Miscellaneous These Terms of Service are made solely for the benefit of ROTD and its partners and Seller and their respective successors and permitted assigns, and no other person or entity shall have or acquire any right by virtue of these Terms of Service. The headings in these Terms of Service are included for convenience only and shall neither affect the construction or interpretation of any provision in these Terms of Service nor affect any of the rights or obligations of the parties these Terms of Service. Addendum 1 Auction and Brokerage Seller Fees & Policies It is free to submit a domain for consideration in brokerage, a live, online or extended auction. Fees are only charged for sold Domains at the completion of a sale. ROTD Private Sale and Premium Auction Fee Schedule and Policies Submission Fee: Free Commission Fees (ROTD may at lower its commission to consummate a sale at approved net to seller price): 25% of the final selling price on auction Domain submission; or 20% of agreed sale price if sold through private brokerage only. Auction Commission & Payout Example: Your desired Net Payout: $75,000 Reserve Price Before 25% Commission: $100,000 minimum Winning Sales Price: $200,000 Commission Fee @ 25%: ($50,000) Your Net Payout: $150,000 Policies Please review the policies before submitting or scheduling a domain for auction. Sellers should promote Domains for sale through brokerage and / or auction by referring ALL previous offers, bids, interested parties and inquiries to the ROTD Services, to Monte Cahn (monte@rightofthedot.com) and forwarding all leads and inquiries to your ROTD Broker representative. Sellers cannot do the following: · Take any action to avoid fees while under non-circumvent or exclusivity terms. Examples of circumvention of the ROTD and fees include, but are not limited to: o Contacting potential buyers or bidders with the intention of avoiding fees by selling a domain outside of the ROTD brokerage, live or online auction; o Requesting an brokerage or auction cancellation or removing a domain submitted for consideration in an auction; o Setting a reserve price above the market value in an attempt to gain exposure for a sale outside of the ROTD services; or o Directly selling a domain to an interested party within one year that was a direct or indirect result of sales and marketing efforts of a Brokerage, Live or Extended Auction; such as exposure generated from social media, third party marketing efforts, articles, press releases, advertising and sales any other activities. o Attempt to avoid paying any applicable fees on the sale of a domain outside of the ROTD services while under an exclusivity period. o Accept a Bid through auction or private brokerage communications and then later renege/cancel the acceptance of the sale for any reason. o Bid on a domain that is owned or represented by the Seller, often referred to as shill bidding. o Misrepresent any data or information provided about the domain including, legal action, threats of any kind, traffic statistics, revenue, use complaints, ownership rights, or legal proceedings. (See the Terms of Service for additional exclusivity and non-circumvention details.) If a policy violation occurs, commission fees are immediately due, an auction or brokerage may be ended and parties involved may be prevented from participating in the ROTD Auctions or services. All site contents 2019, RightOfTheDot, LLC. All rights reserved. Addendum 2 GoDaddy.com LLC Terms of Service and Agreement: AUCTIONS MEMBERSHIP AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. 1. OVERVIEW This GoDaddy Auctions Membership Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company ("GoDaddy") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of GoDaddy’s Auctions services in relation to the Namescon Global Event on January 29, 2020 – February 1, 2020 (“Namescon 2020”), which includes a pre-bidding period, an extended auction and a post auction period (collectively referred to as “GoDaddy Auctions” or the “Services”). For the avoidance of doubt, this Agreement only governs auctions related to domains names listed on GoDaddy’s landing page dedicated to Namescon 2020, and do not in any event supersede or override any other agreements you may have entered into with GoDaddy for similar auction services. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with GoDaddy’s Universal Terms of Service Agreement, https://www.godaddy.com/legal/agreements which is incorporated herein by reference. The terms “we”, “us” or “our” shall refer to GoDaddy. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. GoDaddy may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. GoDaddy assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. 2. DESCRIPTION OF SERVICES The Services are provided to facilitate the buying and selling of currently registered domain names only, submitted via Namescon Auction Submission Form located at http://rotd.com/auction-submission/ and listed on GoDaddy’s landing page dedicated to Namescon 2020. GoDaddy provides a venue and a transaction facilitation process. GoDaddy is not an auctioneer or an escrow agent. Although the process occurs in an “auction-style” format, GoDaddy is not the owner of the domain names listed on the website. As result, GoDaddy has no control over the quality, safety or legality of the domain names listed. Domain names listed may be withdrawn at any time by Seller or by GoDaddy. By using Services, you give GoDaddy permission to disclose personally identifiable information about you to our partners, Right of the Dot and Proxibid.com, for the sole purpose of facilitating Namescon 2020 auctions. You understand and agree that certain domain names, to be determined in our sole discretion, may be selected to participate in a live auction event at Namescon 2020 on January 30, 2020, which is separate from GoDaddy Auctions and independently held on a third party auction website, Proxibid.com (“Live Auction”). You acknowledge and agree that your transaction will be handled by GoDaddy’s “Transaction Assurance” process. GoDaddy will remit payment of the purchase price, less the applicable commission and fees, to the Seller approximately 7 days after receiving funds from the Buyer. By using GoDaddy's “Transaction Assurance” process, you authorize GoDaddy to perform tasks on your behalf in order to complete the transaction. GoDaddy will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge and agree that GoDaddy is not a bank, and the “Transaction Assurance” process is a payment processing service rather than a banking service. You further acknowledge and agree that GoDaddy is not acting as a trustee, fiduciary, or escrow agent with respect to your funds. GoDaddy is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by the Buyer or Seller or failure of the Buyer or Seller to complete the transaction. Buyer does not obtain any rights in the registration of a domain name until completion of the transaction. You acknowledge and agree that we may, in our sole discretion, extend the length of the auction if bids are submitted in the final moments of the auction, to allow potential buyers the opportunity to bid prior to the end of the auction. You acknowledge and agree that we may, in our sole discretion, shorten the length of any auction if domain names are selected for the Live Auction. We reserve the right to screen domain names prior to listing and we may exclude, in our sole discretion, any domain name for any reason, including, but not limited to: a) violation of this Agreement or the Universal Terms of Service; or b) infringement, or potential infringement, of a third party intellectual property right. Should you choose payment by paper check, you acknowledge and agree that a Twenty-Five Dollar ($25 USD) check processing fee will be assessed to you each time a U.S. based check is printed. Gift cards may not be used to purchase auction memberships or auction items. FOR THE PURPOSE OF FACILITATING THE CHANGE OF REGISTRANT INFORMATION DURING AND AFTER THE SALE OF ANY DOMAIN NAME, WHETHER AS BUYER OR SELLER, AND IN ACCORDANCE WITH ICANN'S CHANGE OF REGISTRANT POLICY, YOU AGREE TO APPOINT GODADDY AS YOUR DESIGNATED AGENT FOR THE SOLE PURPOSE OF EXPLICITLY CONSENTING TO MATERIAL CHANGES OF REGISTRATION CONTACT INFORMATION ON YOUR BEHALF. “DESIGNATED AGENT” MEANS AN INDIVIDUAL OR ENTITY THAT THE PRIOR REGISTRANT OR NEW REGISTRANT EXPLICITLY AUTHORIZES TO APPROVE A CHANGE OF REGISTRANT REQUEST ON ITS BEHALF. 3. YOUR OBLIGATIONS (SELLER AND BUYER) You agree to thoroughly, accurately and honestly complete all forms and requests for information provided by GoDaddy throughout the process. You agree GoDaddy will not be responsible for any false or misleading information you provide, whether intentionally or unintentionally. You agree to notify GoDaddy within five (5) business days when any of the information you provided as part of the listing/buying process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide GoDaddy with accurate and reliable information on an initial and continual basis, shall be considered a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by GoDaddy to determine the validity of information provided by you, shall also be considered a material breach of this Agreement. 4. PROVISIONS SPECIFIC TO SELLING/LISTING DOMAIN NAMES You may use the Services to list domain names to which you have ownership rights for sale and are able to transfer in accordance with your obligations under this Agreement. By using the Services for such purposes, you represent and warrant that: i. You have all rights, titles and interests in the domain name necessary to complete the transaction; ii. You have the ability to transfer the domain name free and clear of any obligations, liabilities, liens or encumbrances; iii. The domain name does not infringe on the intellectual property rights of anyone else; and iv. You have the right to transfer the domain name in accordance with your obligations under this Agreement. You further agree the domain name is not currently or will not in the foreseeable future be associated with a Uniform Dispute Resolution Policy dispute or other such litigation. In the event you are unable to comply or fail to comply with your obligations under this Agreement, GoDaddy expressly reserves the right to delist any or all of your domain names immediately upon GoDaddy becoming aware of your failure to comply. You agree to pay the listing fee associated with the duration period you choose at the time of the listing. You may choose to supplement the listing with various additional services such as Additional Category listings, Featured Category listings, or Buy Now options. By using the additional services, you agree to pay any additional charges that GoDaddy may associate with the additional services. GoDaddy reserves the right to modify its pricing structure at any time. If you find a Buyer using the Services, the transaction must be completed within the Services. For each transaction completed within the Services, you agree to pay GoDaddy a transaction fee according to the fee schedule published here. Such transaction fee will be payable directly to GoDaddy unless the transaction is processed using a third-party escrow service, in which case all fees will be paid to such third-party escrow service. In addition to any transaction fees, you agree to pay GoDaddy or the third-party escrow service, as the case may be any intermediary or other banking fees charged by Buyer’s banking institution in connection with the transaction in question. You agree not to sell any domain name to any Buyer found through the Services without using the Services to complete the transaction. Should GoDaddy find that you are circumventing the Services, GoDaddy reserves the right to terminate your account and cancel all of your listings. You acknowledge and agree that country code top level domain names (“ccTLDs”) may have unique eligibility requirements. Accordingly, before you sell or list any ccTLD via GoDaddy Auctions, you should review the applicable registry rules, policies, and agreements for the ccTLD in question to ensure that you are in compliance with all eligibility requirements (including those listed in the Domain Name Registration Agreement, if any) and will be able to transfer the domain name upon a successful purchase or bid on GoDaddy Auctions. As a Seller, you are not allowed to bid on any domain names you have listed. If you bid or have someone else bid on a domain name that you have listed, your listing will be removed from the site and administration fees may be assessed per listing. Your account will be locked while we investigate you for “Inappropriate Bidding”, which is defined as the act of bidding on your own listing against other bidders, or bidding by individuals who have knowledge of or access to Seller’s item information, in order to raise the price at which your item will eventually sell. Inappropriate Bidding is strictly forbidden and GoDaddy will take all actions GoDaddy deems appropriate in the event GoDaddy detects Inappropriate Bidding. As a Seller, you are obligated to complete the transaction if Buyer commits to purchase the domain name through a fixed price, Buy Now format, or if Buyer meets or exceeds the minimum bid or reserve price. Should you fail to complete the transaction for any reason (including, but not limited to, failing to move the domain name to GoDaddy’s account if Buyer commits to purchase the domain name through a fixed price, Buy Now format, or if Buyer meets or exceeds the minimum bid or reserve price), GoDaddy reserves the right to (i) charge you a fee or (ii) terminate your membership with GoDaddy Auctions (as determined by GoDaddy in it sole and absolute discretion). Should you elect to use the “Push to Auction” feature you will be unable to cancel the sale of your domain name, and must accept the initial “offer” if no other bids are made once the domain name is listed on Auction. If you are a domestic Member, funds over a minimum of five dollars ($5.00) may be paid via your PayPal® Account or your Good As Gold Account (“Deposit Account”). It is your responsibility to provide a valid PayPal Account number. Failure to provide valid Deposit Account information will cause your payments to be withheld pending receipt by GoDaddy of proper deposit instructions. If the payment amount exceeds twenty thousand dollars ($20,000.00), it will be split into two PayPal payment transactions. Please refer to the PayPal account set-up requirements for your country, which may be found here, to ensure your PayPal account has the ability to receive payments from third parties. You hereby authorize GoDaddy to initiate and post (i) credit (positive) entries for payments to the Deposit Account and (ii) debit (negative) entries to the Deposit Account to reverse erroneous payments and/or make adjustments to incorrect payments. You acknowledge and agree that the amount initiated and posted to the Deposit Account will represent payment for domain names sold using the Services, less any applicable fees. If the domain name sold is registered with GoDaddy and eligible for transfer from Seller to Buyer via GoDaddy’s change of account (“COA”) process, GoDaddy will initiate the payment of proceeds approximately five (5) days after receipt of Buyer’s funds. If the domain name sold is not registered with GoDaddy, GoDaddy will initiate the payment of proceeds approximately twenty (20) days after receipt of Buyer’s funds. In either event, you acknowledge and agree that there may be a delay of several days between the time that GoDaddy initiates the payment of proceeds and the time that the proceeds are actually posted to the Deposit Account, and GoDaddy expressly disclaims any liability or responsibility regarding the same. The authority granted to GoDaddy by the Deposit Account owner herein will remain in full force and effect until GoDaddy has received written notification from the Deposit Account owner that such authority has been revoked, but in any event, such writing shall be provided in such a manner as to afford GoDaddy a reasonable opportunity to act on such revocation, or until GoDaddy has sent notice to terminate this Agreement. In the event of a payment chargeback, GoDaddy will deduct the amount of the Payment from Seller’s Payment Method on file. In the event that chargeback experience is high, as determined by GoDaddy, GoDaddy reserves the right to hold back twenty percent (20%) of all Seller’s Payments for ninety (90) days from the date the Payment was to be paid. GoDaddy will not release the domain name to Buyer until receipt of confirmation that the funds have been verified. Notwithstanding anything to the contrary in this Agreement or in the terms and conditions then in effect on GoDaddy’s website (“Site”), GoDaddy domain sales will be guaranteed for payment if the Buyer does not perform and the Buyer is not an associate of the Seller. In the event of a breach by the Buyer of any of its responsibilities related to payment under the completed sale, the Seller agrees to immediately transfer all of Seller’s right to the respective domain name to GoDaddy and GoDaddy agrees to pay Seller the final sales price less agreed upon commission. For purpose of this limited warranty a “completed sale” means an auction that closes with a winning bid and where payment is made by GoDaddy and transfer of the domain name to GoDaddy’s control. 5. PROVISIONS SPECIFIC TO PURCHASING/BIDDING ON DOMAIN NAMES All bids and purchases are subject to the Bid/Buy/Offer Agreement, which is hereby incorporated by reference. As a Buyer, you are obligated to complete the transaction if you purchase the domain name through a fixed price, Buy Now format, or if you are the highest bidder at the end of an auction and your bid meets or exceeds the minimum bid or reserve price. Should you fail to complete the transaction for any reason (including, but not limited to, failing to pay the purchase price if you purchase the domain name through a fixed price, Buy Now format, or if you are the highest bidder at the end of an auction and your bid meets or exceeds the minimum bid or reserve price), GoDaddy reserves the right to (i) charge you a fee or (ii) terminate your membership with GoDaddy Auctions (as determined by GoDaddy in it sole and absolute discretion). Sellers who list their domain name as an “Offer/Counter Offer” may, once an offer is made, use the “Push to Auction” feature, to convert their domain name listing to an Auction listing. If Seller utilizes that feature on your offer, your offer will become the first bid on that listing. If no other (higher) offer is made, you will be deemed to be the purchaser of that domain name. If your offer is not “accepted” for the “Push to Auction” feature, you will be notified and have the option of bidding on that domain name on the Auction site. You acknowledge some listed domain names may be subject to an additional renewal fee. For those domain names, the renewal fee will be added to your bid or Buy Now price to form the purchase price. You agree by completing the transaction, you are responsible for payment of the renewal fee. GoDaddy may in our sole discretion require you to tender payment to us in a manner of our choosing, including but not limited to credit card or wire transfer. Once you send payment, GoDaddy will hold those funds for a prescribed period of time based on the type of transaction, at which time GoDaddy will remit the payment to Seller. At no time will you be able to withdraw those funds or send the funds to another recipient unless the initial transaction is cancelled. Should Seller refuse payment, the funds, minus the administration fee as outlined in the pricing structure, will be returned to you. You agree GoDaddy is not responsible for payments refused by Seller. For Expired Auctions, GoDaddy will obtain the funds first by the Payment Method you have designated. If there are insufficient funds or invalid credit card information, GoDaddy may obtain the remaining funds by charging any Payment Method you have on file.In the event of a charge reversal or chargeback by a credit card company or other payment provider, or if we determine in our sole discretion that we are unable or unlikely to collect payment, any associated domain registration will immediately terminate and/or the domain name registration will be transferred to GoDaddy as the paying entity for the registration. GoDaddy may, in our sole discretion, award the reclaimed domain name to the next highest bidder in the relevant auction and charge such bidder their highest bid amount, or make the domain name subject to a new auction among bidders determined by GoDaddy, or otherwise dispose of the name. You acknowledge and agree that GoDaddy may publish your unique bidder number once an auction in which you have participated has been closed or ended. As a Buyer, you are responsible for ensuring that your use of the domain name does not infringe on third-party rights or any relevant laws or regulations. Some domain name listings may include traffic data (“Traffic Data”) and a valuation amount ("Valuation"). The Traffic Data and Valuation are provided “AS IS” and are for informational purposes only. The Traffic Data and Valuation both reflect internally calculated data and do not represent a guarantee of continued traffic or actual value of the domain name. You agree not to purchase any domain name found through the Services without using the Services to complete the transaction. Should GoDaddy determine (which determination shall be made by GoDaddy in its sole and absolute discretion) that you are circumventing the Services, GoDaddy reserves the right to terminate your account and cancel all of your listings. You acknowledge and agree that ccTLDs may have unique eligibility requirements. Accordingly, before you purchase or bid on any ccTLD via GoDaddy Auctions, you should review the applicable registry rules, policies, and agreements for the ccTLD in question to ensure that you are in compliance with all eligibility requirements (including those listed in the Domain Name Registration Agreement, if any) and will be able to register the domain name upon a successful purchase or bid on GoDaddy Auctions. Under all circumstances, a Seller is prohibited from bidding on his or her own listing. Additionally, “Shill bidding” is strictly prohibited. Shill bidding is bidding by anyone—including the Seller, family, friends, roommates, employees, or online connections—that artificially increases a domain name’s price or apparent desirability. Violations of the above policy may result in the following actions being taken by GoDaddy, including: * Listing cancellation * Account suspension * Referral to Law Enforcement 6. GODADDY NAMESCON AUCTION DOMAIN NAMES By bidding on the Domain Name, Buyer acknowledges and agrees that GoDaddy shall not be obligated to offer a third-party escrow service to facilitate transactions involving these Domain Names. A one (1) year renewal or transfer fee may be added to the purchase price for each Domain Name purchased. The successful bid amount plus the transfer fee, if needed, plus ICANN fee, if applicable, is due within forty-eight (48) hours of auction close or the form of payment you used to purchase your Go Daddy Auctions membership, or any valid payment method associated with the account, will be charged on the third day following the auction close. If the winning bidder does not complete their purchase, you may be offered the Domain Name for purchase. You must complete the purchase of the Domain Name within twenty-four (24) hours of notification of the Domain Name being offered to you. If you elect to purchase the Domain Name, you acknowledge the Domain Name may have a transfer fee added to the final auction price in order to complete the domain purchase and fulfill it to your account. be renewed upon purchase. A one (1) year renewal fee will be added to the purchase price for each Domain Name purchased. Your bid amount plus the one (1) year renewal or transfer fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, is due within twenty-four (24) hours of the notification of option to purchase the Domain Name and if payment is not received within twenty-four (24) hours, GoDaddy may offer the Domain Name to others for purchase. 6. TERM AND TERMNINATION Term. The term of this Agreement will begin when you click on “Submit” after completing the Namescon Auction Submission Form located http://rotd.com/auction-submission/ where these terms were presented to you and will continue until March 31, 2020. 7. CHANGE OF OWNERSHIP GoDaddy is not the owner of the domain names listed on the website and, accordingly, cannot guarantee immediate change of ownership from Seller to Buyer. If the domain name sold is registered with GoDaddy and eligible for transfer via GoDaddy’s COA process, change of ownership will begin upon completion of the check-out process and receipt of Buyer’s funds. For all Member to Member auctions, payment is due within five (5) days from the close of the listing. For all Domain Name auctions, payment is due within forty-eight (48) hours from the close of the auction. To facilitate the change of registrant information associated with the listed domain names, and in accordance with ICANN’s Change of Registrant policy, Seller, at the time of listing the domain names, specifically authorizes and directs GoDaddy to act as its Designated Agent. As Designated Agent, GoDaddy will facilitate the transfer and change of domain name contact information for the sold domain names. As such, Seller grants GoDaddy the power to explicitly consent to the material change of registrant contact information to facilitate transfer of the sold domain names. Additionally, Buyer specifically authorizes and directs GoDaddy to act as its Designated Agent. As Designated Agent, GoDaddy will facilitate the transfer and change of domain name contact information for purchased domain names. As such, Buyer grants GoDaddy the power to explicitly consent to the material change of registrant contact information to facilitate transfer of the purchased domain names. While Seller may use the Services to facilitate the selling of domain names that are not registered with GoDaddy, GoDaddy requires the Seller to transfer any domain names that are not registered with GoDaddy to GoDaddy upon receipt of a final/successful bid so the registrar of record for the domain name in question will be GoDaddy. If the change of ownership from Seller to Buyer is not able to be completed (i) due to either party’s fraudulent activity or (ii) for any other reason, Buyer and Seller acknowledge and agree that GoDaddy shall have no liability or responsibility regarding the same. In all cases, whether the domain name in question is registered with GoDaddy or with another registrar, the change of ownership from Seller to GoDaddy is done without representation or warranty of any kind (including, but not limited to, any representation or warranty that a domain name does not infringe upon the intellectual property or other rights of a third party), and GoDaddy expressly disclaims any liability or responsibility regarding the same. Please note that any domain name registered with GoDaddy may not be transferred away from GoDaddy to another registrar for a period of sixty (60) days following the change of ownership date. 8. GODADDY’S RIGHT TO MONITOR GoDaddy has no obligation to monitor the Services, but reserves the right to do so. GoDaddy reserves the right to edit the descriptions and comments on listings. You acknowledge and agree that GoDaddy shall have the right to make public and share with third parties certain information in connection with the sale or purchase of domain names on the website, including but not limited to (a) the name of the domain name sold or purchased, (b) the sale or purchase price of the domain name sold or purchased, and (c) information relating to the timing of the sale or purchase. 9. DISPUTE POLICY Occasionally, a dispute might arise regarding a transaction begun or completed through the Services. In such instance, you agree to be bound by GoDaddy’s Dispute Policy. GoDaddy reserves the right to modify the Dispute Policy at any time, without notice. Filing a Dispute To file a dispute, you must submit an email to AuctionDisputes@GoDaddy.com. The email must include: Your account number; Your name and contact information; The order number associated with the transaction; The domain name over which the dispute arises; and A detailed account of the dispute. Such email must be received within four (4) days from the sale date. Once a dispute has been received, GoDaddy will place the transaction into a “Hold” status while it investigates the dispute. GoDaddy reserves the right, in its sole discretion, to close any dispute it deems invalid or resolved. After investigation, GoDaddy will notify Buyer and Seller of the outcome of the investigation and complete or terminate the transaction as GoDaddy, in its sole discretion, deems appropriate. GoDaddy reserves the right to charge an administration fee to cover the costs associated with investigation of a dispute. As such, you agree GoDaddy may charge an Administration fee to the Payment Method it has on file for you if a dispute is filed involving a domain name which you have listed or purchased through the Services. Should GoDaddy receive multiple complaints regarding transactions in which you are involved, GoDaddy, in its sole discretion, may cancel your account and terminate all listings you have. In the event you have a dispute with one (1) or more members, you release GoDaddy, its affiliates, officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute. 10. REMEDIES AND RIGHT TO CANCEL Without limiting other remedies, if: i. You breach this Agreement or any document incorporated by reference; ii. GoDaddy determines your actions may pose a risk to GoDaddy or its members; or iii. GoDaddy determines your use of the Services infringes on the intellectual property or legal rights of others. GoDaddy may immediately: Warn its members of your actions; Place a hold on any pending transactions associated with your account(s); Limit funding sources and Payments; Limit your access to your account(s) or to any functionality of your account(s); or Indefinitely suspend or close your account(s) and refuse to provide our Services to you. In addition, GoDaddy reserves the right to hold funds beyond normal distribution periods for transactions it deems suspicious or for account(s) conducting high transaction volumes to ensure integrity of the funds. If GoDaddy closes your account(s), GoDaddy will provide notice and pay you all of the unrestricted funds in your account(s) due to you. Also, where in GoDaddy's estimation, it believes you owe it money for any reason, GoDaddy reserves the right to offset any payments into your Account until GoDaddy is made whole. 11. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. 12. DEFINITIONS; CONFLICTS Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control. Copyright © 2006-2019 GoDaddy.com, LLC All Rights Reserved. For all ROTD Auctions utilizing or otherwise held in conjunction with GoDaddy.com LLC online auction platform (https://auctions.godaddy.com/), the Terms of Use found online at the following link also apply: https://www.godaddy.com/legal/agreements?ci=