Moniker - 2 year exclusive?

[havlock]

Hi Folks,
We are considering using Moniker for a few of our premium domains and while reviewing the contract sent to use we found something we thought very strange.

In section 1. of the agreement it states an exclusive term of 120 days as outlined below;

"TERM OF THE AGREEMENT: Seller grants Buyer/Seller Agent the exclusive right and authority to sell the Name(s) for one hundred and twenty (120) calendar days from the date of submitting/declaring one of the Name(s) on the ADDENDA to this Agreement or sixty (60) days from the conclusion of the first auction or private sale taking place after the submission/declaring of the Name(s) on the ADDENDA, whichever occurs later (the “Exclusive Sale Period”). The ADDENDA to this Agreement shall consist of, but are not limited to, those items submitted by Seller for selection and acceptance by Buyer/Seller Agent to secure purchasers. This exclusive right and authority to sell period will automatically renew at the end of each term unless Buyer/Seller Agent is notified by Seller in writing within 15 days of expiration that Seller is terminating the Agreement. "


But, in section 3, it changes the term to 2 full years, as outlined below;

"NON CIRCUMVENTION: In addition to any other rights Buyer/Seller Agent may have, during the term of this Agreement and for a period of two (2) years following the termination of this Agreement, Seller shall not, directly or indirectly:

1. 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 Moniker), 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 Moniker, except to the extent such contact is through, or with the prior written consent of, Moniker;"

So, when I asked the rep, Keith Soifer, about this I really didnt get much of a straight answer that we were comfortable with. The scenario I presented was;

1. We list the name with Sedo, 300k reserve, get lots of bidders including bidder X, but no sale
2. 6 months later we list the name with Moniker with a 300k reserve, get bids including bidder X, but no sale
3. 18 months later we list the name with Sedo again and the domain sells for 300k to bidder X
4. Moniker claims they are still entitled to their full commission.

Moniker seems to want to claim that if a bidder bids on a name while at Moniker that Moniker introduced them to the name. Regardless, 2 years seems like an extremly long time for an exclusive commission due.

Since many of you here seem to recommend Moniker and have used them, we thought we would try to get some feedback from you regarding this issue.

Thoughts appreciated