Auction Submission

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. RIGHTOFTHEDOT, LLC AUCTION AND BROKERAGE TERMS OF SERVICE Updated: January 14, 2020. Key Terms Highlights for any Auction and Brokerage (which are part of the Terms of Service as further outlined below): · For the RightOfTheDot (ROTD) Auctions and Brokerage YOU understand and acknowledge that ROTD has the right to deny any premium or tiered 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 ROTD are to be provisioned to their respective Buyers through a ROTD Registrar of its choice which may involve a push inside the existing registrar or via authorization / transfer code to another registrar. ROTD may use its own corporate bank account and its own registrar account for the escrow of funds and domains as needed. Pre-bidding and the extended online auction will be taking place at ROTD’s HiBid.com auction site with the link https://rotd.hibid.com. You must supply to ROTD your full and complete payee information including full bank wire information and / or other information requested by ROTD along with a copy of your valid and legal ID / Drivers License / Passport etc. As such, once a Domain is paid by the winning bidder / buyer YOU ARE required to either transfer or push the Domain to a ROTD directed / designated registrar account, whereby YOU ARE responsible for the related applicable transfer fee. You understand and acknowledge that discounted transfer fee pricing may or may not be available. Please note that YOU ARE responsible for the transfer or push 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 brokerage, 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, (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 or brokerage, 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 utilizes a third party to conduct or assist in the ROTD Auction, such third party will have its own Terms of Service, attached or linked in the Addendum and are incorporated herein or accessible on that third party’s website (both the ROTD Terms as well as those attached or linked or accessible via third party or 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 and / or brokerage 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. Seller Responsibilities: In order to list a Domain/s in a ROTD Auction / Brokerage, Seller agrees to the following: 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 may be 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 NET minimum price that the Seller is willing to accept, EXCLUDING the net of commissions and fees for a Domain. ROTD commission fees will be added to the NET reserve price, not taken from that price. 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 (You agree to send and forward any and all previous, current and future offers to ROTD through the entire submission and exclusivity periods), traffic data, domain parking related data, name server changes, revenue generation, trademark, and / or any other relevant information that will help ROTD sell your domains. For the ROTD Auction / Brokerage, Seller understands and acknowledges that ROTD may be unable to auction / sell 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. 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 / will 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 may be 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 / Online 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 sold and purchased in an Auction / Brokerage 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, in room acknowledgement, any messenger, Skype, WhatsApp, text, etc) 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 the domain or 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 / brokerage 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 / Brokerage, 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 / Brokerage are to be provisioned to their respective Buyers through ROTD via a registrar ROTD chooses or designates. As such, once a Domain is paid by buyer / bidder, you are required to transfer or push the Domain to an account at the registrar designated by ROTD, whereby you are responsible for the related transfer fee, although discounted transfer fee pricing may or may not 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, fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, sickness / Covid, 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 a 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: Commission Fees (ROTD may at lower its commission to consummate a sale at approved net to seller price): Sellers retain 75% of the final selling price at or above reserve price on auction Domain sales; or 80% of agreed gross 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: Contacting potential buyers or bidders with the intention of avoiding fees by selling a domain outside of the ROTD brokerage, live or online auction; Requesting an brokerage or auction cancellation or removing a domain submitted for consideration in an auction; Setting a reserve price above the market value in an attempt to gain exposure for a sale outside of the ROTD services; or 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. Attempt to avoid paying any applicable fees on the sale of a domain outside of the ROTD services while under an exclusivity period. Accept a Bid through auction or private brokerage communications and then later renege/cancel the acceptance of the sale for any reason. Bid on a domain that is owned or represented by the Seller, often referred to as shill bidding. 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 2020, RightOfTheDot, LLC. All rights reserved.