Domain Name Lease Agreement Sample
DOMAIN NAME LEASE AGREEMENT
THIS LEASE AGREEMENT made effective the [effective date] between [LESSOR], the owner of the Domain Name (as hereinafter defined), of [city, state/province, country] (the “Lessor”), and [LESSEE], the party wishing to obtain the use of the Domain Name, of [city, state/province, country] (the “Lessee”).
THE LESSOR AND THE LESSEE HEREBY AGREE as follows:
1. Lease
The Lessor shall lease to the Lessee and the Lessee shall lease from the Lessor the domain name [domain name] (“the Domain Name”) for the term and at the rental payable and on the terms and conditions
2. Term
The term of this Lease shall be for a period of [term], commencing on [effective date] and expiring on [expiry date].
3. Rental
The Lessee shall pay the [monthly/annual] rental for the Domain Name to the Lessor as follows:
(a) rental payments shall be paid without deduction whatsoever by [##] equal monthly payments in advance on the [1st day] of each month during the term of this Lease with the first payment falling due on [effective date];
(b) the rental payable is $[rental amount] per [month/year (including applicable sales tax(es)].
4. Rent Review
The Lessor may review the rental from time to time throughout the term of the Lease by giving notice to the Lessee specifying the [monthly/yearly] rental considered by the Lessor to be the current market rental for the Domain Name, provided however, in no case shall the reviewed rental exceed ____% of the rental payable immediately prior to the rental review.
5. Place of Payment
The Lessee shall make all payments directly to the Lessor [by credit card, automatic payment, etc] at [address of Lessor or Lessor’s bank information for automatic payment].
6. Ownership of Domain Name
(a) The Lessor retains full title to the Domain Name notwithstanding the Lease of the same to the Lessee subject only to the rights of the Lessee as a mere bailee of the Domain Name with the right only to use the Domain Name in accordance with the terms of this Lease.
(b) The Lessee acknowledges that no option provided or representation, either express or implied written or oral has been made by or on behalf of the Lessor to the Lessee that the Domain Name may be purchased from the Lessor by the Lessee or by any nominee of the Lessee at any time.
7. Lessee’s Compliance
The Lessee, in its use of the Domain Name, shall comply with all applicable laws whether state, provincial, federal, national or international which apply to the use by the Lessee of the Domain Name.
8. Indemnity
The Lessee shall indemnify and save harmless the Lessor against all damages, losses or liabilities which may arise in respect of the Domain Name or its use or operation by the Lessee or by any other party.
9. Default
(a) The Lessor and the Lessee agree that each of the following events amounts to a default by the Lessee under this Lease:
(i) if the Lessee fails to pay any rental payment or other amount payable under this Lease on the due date for payment;
(ii) the Lessee fails to perform or observe any of the covenants or provisions of this Lease on the part of the Lessee to be performed or observed;
(iii) if a writ of execution is issued against the Lessee’s property under a judgment in any court of competent jurisdiction;
(iv) if a distress warrant is issued against the Lessee’s property under a judgment in any court of competent jurisdiction;
(v) If the Lessee becomes bankrupt or if the Lessee makes an assignment or composition with the Lessee’s creditors or if the Lessee is a body corporate and a resolution is passed or a petition filed for the winding up of the Lessee other than for the purposes of reconstruction or amalgamation or if the Lessee becomes subject to the appointment of a receiver.
(b) In the event default occurs, the Lessor may immediately or at any time thereafter without giving any notice to the Lessee re-take possession of the Domain Name and terminate this Lease Agreement but without releasing the Lessee from any liability in respect of any breach or nonobservance of any of the provisions contained or implied in this Lease and without prejudice to the Lessor’s right to retain all money paid to the Lessor pursuant to this Lease and the Lessor’s right to claim damages pursuant to subparagraph (c) below.
(c) If this Lease is terminated for any reason other than its due fulfillment by the Lessee or other than with the express consent of the Lessor in writing then without prejudice to its other rights at law or in equity the Lessor may at any time demand immediate payment of all of the following:
(i) All arrears of rent and other money then due and payable by the Lessee under the Lease.
(ii) The Lessor’s loss on the Lease to be notified by the Lessor to the Lessee.
(iii) All costs and expenses incurred by the Lessor enforcing this agreement.
(iv) Interest on all money payable under this provision from the date of termination, the date of payment at the rate of ____% per year above the [bank] prime lending rate at the date of termination.
10. Invalidity or Severability
If any Article, Section, paragraph or provision of this Agreement is determined to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of any other provision of this Agreement. Any provisions of this Agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement, it being the intent and purpose that this Agreement should survive and be valid to the maximum extent permitted by applicable law. For greater certainty, this Agreement shall be read as if the invalid, unenforceable or illegal provision had never formed part hereof, and a “provision” for these purposes shall include the smallest severable portion of sections, paragraphs or clauses, or sentences contained therein, and not, unless the context absolutely requires, the whole thereof.
11. Waiver
No party to this Agreement shall be deemed to have waived any of its rights, powers or remedies under this Agreement unless such waiver is expressly set forth in writing. No consent or waiver, express or implied, by a party of any breach or default by the other party in the performance of such other party of its obligations shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations under this Agreement of such other party. Failure on the part of a party to complain of any act or failure to act of another party or to declare another party in default, irrespective of how long such failure continues, shall not constitute a waiver by the first mentioned party of its rights under this Agreement.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [jurisdiction] and the parties hereby attorn to the jurisdiction of the courts of [jurisdiction].
13. Notices
All notices required or permitted to be given pursuant to this Agreement shall be delivered by hand to the party for which it is intended, or sent by telex, fax, telegram, electronic email or other form of transmitted or electronic message or sent by prepaid courier directly to such party at the following addresses, respectively:
If to Lessor:
[address]
[fax number]
If to Lessee:
[address]
[fax number]
or at such other address as either party may stipulate by notice to the other. Any notice delivered by hand or prepaid courier or sent by facsimile or electronic email shall be deemed to be received on the date of actual delivery thereof. Any notice so sent by telex, telegram or similar form of transmitted message shall be deemed to have been received on the next day following transmission.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first above
[LESSOR] [LESSEE]
Per: Per:
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Domain Name Lease Agreement Sample: Courtesy by Henry Alvarido
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