If you ever sell a domain to a TM Owner.

[namestrands]

If you ever sell a domain to a TM Owner then please use this letter to protect yourselves from any future legal action.

I hope it helps. Any Questions Please let me know

DOMAIN NAME SETTLEMENT AND RELEASE AGREEMENT

This Domain Name Settlement and Release Agreement (the “Agreement”) is made effective as of the ___ day of _______, 2006 (the “Effective Date”) by and between: ______ , a resident of _________ (hereinafter referred to as “REGISTRANT”) and __________., an entity organized and existing under the laws of the (insert country) (hereinafter referred to as “____”).

WHEREAS, _____ has certain rights in the famous trademarks ______ and seeks the transfer of the domain name ____________ (the “Domain Name”);

WHEREAS, REGISTRANT represents that REGISTRANT is the owner of the Domain Name;

NOW, THEREFORE, effective as of the Effective Date, by this document, and for good and valuable consideration, the parties hereto agree as follows:

1. In consideration of the following items and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, REGISTRANT agrees to, and hereby does:

1.1 Release any and all rights, title, and interest he has in and relating to the Domain Name, whether past, present, or future, and assign all such rights, title, and interest to __________ free and clear of any and all claims, liens, and encumbrances;

1.2 Authorize the current registrar of the Domain Name to execute this transfer immediately;

1.3 Forever discharge and release __________, and its affiliates, officers, directors, subsidiaries, shareholders, employees, agents, sureties, insurers, successors, and assigns, from any and all costs, claims, lawsuits, liabilities, demands, actions or causes of action of any kind or character whatsoever, whether at law or equity, whether known or unknown, which REGISTRANT, or any of REGISTRANT’s owners, officers, directors, subsidiaries, shareholders, employees, agents, sureties, insurers, successors, and assigns, have or may ever have had, now, in the future, or in the past, arising out of or related to the Domain Name.

2. In consideration of the foregoing items and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, __________ agrees to:

2.1 Pay to REGISTRANT the sum of $________; and

2.2 Take no legal action against REGISTRANT, or against REGISTRANT’s affiliates, officers, directors, subsidiaries, shareholders, employees, agents, sureties, insurers, successors, and assigns, relating to REGISTRANT’s registration or use of the Domain Name. All of paragraph 2, including subparagraphs, is subject to the provisions of paragraph 4 below and does not apply in the event of any breaches by REGISTRANT, or by any of REGISTRANT’s employees, management, owners, or agents, of any of the representations contained in this Agreement or in the event of the failure of REGISTRANT, or of any of REGISTRANT’s employees, management, owners, or agents, to effect or honor the releases and discharges provided herein.

3. REGISTRANT represents and warrants to __________ as of the Effective Date:

3.1 That there are no prior agreements of any nature affecting REGISTRANT’s right and ability to make the aforementioned releases, discharges, and assignment in respect of the Domain Name, and that REGISTRANT has not made and will not make commitments to others inconsistent with or in derogation of rights granted to __________ in this Agreement;

3.2 That REGISTRANT is the exclusive owner of the Domain Name, free of all liens, security interests, and other encumbrances.

4. REGISTRANT, at his own expense, will defend, indemnify, and hold harmless __________ and its affiliates, and its employees, officers, directors, agents, representatives, successors, and assigns, from and against any and all liability, loss, cost, expense, damage, claims, or demands, including reasonable attorneys’ fees, arising as a direct or indirect result of a breach of any of REGISTRANT’s representations or as a direct or indirect result of the failure of REGISTRANT, or of REGISTRANT’s employees, management, owners, or agents, to effect or honor the releases, discharges, or assignment provided above.


REGISTRANT and __________ have caused this Agreement to be duly executed below, on this the ___ day of __________, 2006.


REGISTRANT __________________
_________________________________ ________________________________

Name: __________________________

Title: ___________________________