Domain Name Licence Agreement (India)

Domain Name Licence Agreement for use in India.

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This kit includes information and tools that will assist you in drafting a domain name licence agreement. A domain name licence may be given for a specific duration or may be perpetual (having no termination date) during which the licensee pays the holder a licence fee for the use of the URL address. Once the term of the licence is over, all rights in the domain name revert back to the domain name holder.

Among others, this form includes the following provisions:
  • Grant of Licence
  • Term
  • Payments
  • Licensorís Representations and Warranties
  • Assignment Clause
This lawyer-prepared form contains:
  1. General Instructions
  2. Step-by-Step Instructions
  3. Domain Name Licence Agreement for India
Law Compliance: This form complies with the laws of the states and territories of India
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Domain Name Licence Agreement
(India)










This Packet Includes:
   1. General Instructions
   2. Step-by-Step Instructions
   3. Domain Name Licence Agreement







General Instructions
 Domain Name Licence Agreement

   This kit includes information and tools that will assist you in drafting a domain name licence agreement, licensing the use of a registered domain name.

   A domain name licence may be given for a specific duration or may be perpetual (having no termination date), during which the licensee pays the holder a licence fee for the use of the URL address.  Once the term of the licence is over, all rights in the domain name revert back to the domain name holder.

   Included in this kit is a sample form for drafting a domain name licence agreement, along with general instructions explaining the significance and operation of each provision in the agreement.  The kit should be used to draft your own agreement, but you are advised to have a competent lawyer review the agreement before you sign.




Step-by-Step Instructions
Domain Name Licence Agreement

   Licence Agreements can be extremely complex.  The sample agreement included in this kit is a basic agreement addressing the key elements to licensing a domain name and receiving a fee in return for that licence.  If your situation requires treatment of more complex issues, you should consult a competent lawyer who can assist you in drafting a more suitable agreement.

Grant of Licence

   The licence granted in this type of agreement spells out the kinds of rights that the licensee will be able to enjoy. When granting a licence to a licensee, it is important to state clearly which particular rights will be afforded to the licensee.  Is the licence exclusive?  Who retains ownership of the goodwill associated with the domain name?  It is important to specify clearly what rights the licensee will enjoy, thus clearly establishing the scope and boundaries of the licence.

Term

   The term of the licence agreement, and of the licence granted therein, is generally for a fixed period of years, all rights under the copyright will revert back to the licensor.

Payments

   Typically the licensee will pay the licensor a flat fee per year for the use of the domain name.  The payment schedule should be clearly described in the agreement to avoid any future problems.

Licensors Representations and Warranties

   The most basic representation that a licensor will generally be expected to make is that it has the ownership interest in the domain name that it claims to have, and that it therefore has the right to grant the licence in the first place.  The terms of the sample agreement below state that the licensor will guarantee theses basic representations by indemnifying the licensee against any damages that the licensee might suffer due to the failure of the licensor to live up to those representations.







DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer can provide legal advice.  A lawyer should be consulted for all serious legal matters.  No Lawyer-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



Licence Agreement for Domain Name

THIS AGREEMENT is made this        day of       , 20   , by and between                       (“Licensor”) and                             (“Licensee”, and collectively, the “Parties”).

WHEREAS, Licensor is the owner of the domain name          (list the domain name)          (the “Domain Name”);

WHEREAS, Licensee is the owner of the business _________________(describe the business) (the “Licensees Business”);

AND WHEREAS, Licensor wishes to permit Licensee to use the Domain Name under the terms set forth in this Agreement;

NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:

1.   Grant of Licence.  Licensor hereby grants to Licensee a non-transferable, exclusive, worldwide licence to use, execute, reproduce, display, transfer, or distribute the Domain Name in connection with Licensee's Business and all other business connected or associated therewith, including but not limited to any advertising, merchandising of products, use in print, broadcasting in any other medium, including television, internet, radio, satellite, cable, videocassette or otherwise (the Licence”).
 
Licensor shall remain the sole owner of the Domain Name.  Licensee shall enjoy only the rights set forth above, and nothing in this Agreement shall entitle Licensee to make any claim to ownership of the Domain Name.  Licensee may not make any other use of the Domain Name other than those authorised above without prior written approval from Licensor.

2.  Term.  

a.   The term of this Agreement shall begin on the date written above and shall continue in full force and effect for a period of               years (the “Term”), unless terminated earlier pursuant to this Section 2.

      b.   Licensor shall have the right to terminate this Agreement should: (i) Licensee materially breaches any provision, term, or condition under this Agreement and such breach remains uncured _____ days after Licensees receipt of written notice of such breach or immediately if such breach is of an incurable nature; (ii) Licensee be subject to the commencement of proceedings of any nature against it under bankruptcy, insolvency or debtor's relief laws (which proceeding is not vacated or set aside within sixty (60) days of commencement), (iii) Licensee voluntarily file a bankruptcy petition, or otherwise seeks relief under bankruptcy, insolvency or debtor's relief laws (which filing is not withdrawn within one hundred twenty (120) days of filing.  
      In order to terminate this Agreement pursuant to Subsection (b)(ii) or (b)(iii) above, Licensor must provide written notice to Licensee or to Licensees successor in interest within 30 days of the date of termination stating Licensors intent to terminate and the intended date of termination.

d.   In the event that this Agreement is terminated pursuant to this Section 2, Licensee shall cease using the Domain Name in the course of Licensees business as soon as is commercially feasible.

e.   At the end of the Term, or upon any termination of this Agreement, all rights, interest and ownership of the Domain Name shall revert to Licensor, and shall be the sole property of Licensor.

3.  Payments.  Licensee shall pay to Licensor a fee of __________________________________ Rupees (Rs. _______________________) per year (the “Fee”).  Licensee shall pay the Fee upon the execution of this Agreement and on the first year anniversary and each year thereafter until the termination of this Agreement

4.  Licensors Representations and Warranties.  

a.   Licensor represents and warrants that it is the sole and exclusive owner of the Domain Name, and owns all right, title and interest in the Domain Name.
b.   Licensor represents and warrants that it has the legal authority to grant Licensee the Licence, and that no other person or entity is required to give its consent for the Licence to be valid.
c.   (if Licence is exclusive) Licensor represents and warrants that Licensor has not licensed the Domain Name to any person or entity other than Licensee, nor will it licence the Domain Name to any person or entity other than Licensee for the duration of this Agreement.

5.  Domain Name Registration Agreement.  Licensee agrees to comply with all the provisions of the Domain Name Registration Agreement attached hereto as Exhibit A, on its own behalf and on behalf of Licensor, including paying all amounts due thereunder for renewals, or otherwise, to maintain the registration and validity of the Domain Name.

6.    Ownership of Content.  Licensor shall have no rights, title or interest in or to the content Licensee displays, broadcasts or otherwise makes available or uses, through or in connection with the Domain Name.  

6.   Indemnification.  Licensor agrees to indemnify and hold harmless Licensee for any claims, suits, damages, actions, or other costs arising out any breach of Licensors warranties set forth in Section 4 above.

7.   Assignment.   Licensee may not assign its rights, duties or obligations under this Agreement without the prior written approval of Licensor.  Licensee may, however, assign this Agreement without Licensors prior written approval if such transfer is to a purchaser of all or substantially all of Licensees assets, or to a purchaser or other transferee of a controlling equity interest in Licensees business.  Licensor shall have the right to transfer its interest in this Agreement and in the Domain Name without the consent of Licensee.  Licensor must notify Licensee in writing in the event of that Licensor assigns all or a material part of this Agreement (the “Licensors Notice of Assignment”).  The Licensors Notice of Assignment must be sent to Licensee within 30 days of such assignment.

8.   Governing Law.  This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the honourable courts of ____________, India, without regard to conflicts of law principles.

9.   Counterparts.   This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

10.   Severability.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

11.   Notice.   Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

   If to Licensor:      
      
      
      

   If to Licensee:         
         
      
      

12.   Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

13.   Entire Agreement.   This Agreement constitutes the entire agreement between Licensor and Licensee, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.


IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.


LICENSOR

                  
Signature
                  
Print Name
LICENSEE

                  
Signature
                  
Print Name

EXHIBIT A

Domain Name Registration Agreement

Number of Pages9
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33661
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Domain Name Licence Agreement
(India)










This Packet Includes:
   1. General Instructions
   2. Step-by-Step Instructions
   3. Domain Name Licence Agreement







General Instructions
 Domain Name Licence Agreement

   This kit includes information and tools that will assist you in drafting a domain name licence agreement, licensing the use of a registered domain name.

   A domain name licence may be given for a specific duration or may be perpetual (having no termination date), during which the licensee pays the holder a licence fee for the use of the URL address.  Once the term of the licence is over, all rights in the domain name revert back to the domain name holder.

   Included in this kit is a sample form for drafting a domain name licence agreement, along with general instructions explaining the significance and operation of each provision in the agreement.  The kit should be used to draft your own agreement, but you are advised to have a competent lawyer review the agreement before you sign.




Step-by-Step Instructions
Domain Name Licence Agreement

   Licence Agreements can be extremely complex.  The sample agreement included in this kit is a basic agreement addressing the key elements to licensing a domain name and receiving a fee in return for that licence.  If your situation requires treatment of more complex issues, you should consult a competent lawyer who can assist you in drafting a more suitable agreement.

Grant of Licence

   The licence granted in this type of agreement spells out the kinds of rights that the licensee will be able to enjoy. When granting a licence to a licensee, it is important to state clearly which particular rights will be afforded to the licensee.  Is the licence exclusive?  Who retains ownership of the goodwill associated with the domain name?  It is important to specify clearly what rights the licensee will enjoy, thus clearly establishing the scope and boundaries of the licence.

Term

   The term of the licence agreement, and of the licence granted therein, is generally for a fixed period of years, all rights under the copyright will revert back to the licensor.

Payments

   Typically the licensee will pay the licensor a flat fee per year for the use of the domain name.  The payment schedule should be clearly described in the agreement to avoid any future problems.

Licensors Representations and Warranties

   The most basic representation that a licensor will generally be expected to make is that it has the ownership interest in the domain name that it claims to have, and that it therefore has the right to grant the licence in the first place.  The terms of the sample agreement below state that the licensor will guarantee theses basic representations by indemnifying the licensee against any damages that the licensee might suffer due to the failure of the licensor to live up to those representations.







DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer can provide legal advice.  A lawyer should be consulted for all serious legal matters.  No Lawyer-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



Licence Agreement for Domain Name

THIS AGREEMENT is made this        day of       , 20   , by and between                       (“Licensor”) and                             (“Licensee”, and collectively, the “Parties”).

WHEREAS, Licensor is the owner of the domain name          (list the domain name)          (the “Domain Name”);

WHEREAS, Licensee is the owner of the business _________________(describe the business) (the “Licensees Business”);

AND WHEREAS, Licensor wishes to permit Licensee to use the Domain Name under the terms set forth in this Agreement;

NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:

1.   Grant of Licence.  Licensor hereby grants to Licensee a non-transferable, exclusive, worldwide licence to use, execute, reproduce, display, transfer, or distribute the Domain Name in connection with Licensee's Business and all other business connected or associated therewith, including but not limited to any advertising, merchandising of products, use in print, broadcasting in any other medium, including television, internet, radio, satellite, cable, videocassette or otherwise (the Licence”).
 
Licensor shall remain the sole owner of the Domain Name.  Licensee shall enjoy only the rights set forth above, and nothing in this Agreement shall entitle Licensee to make any claim to ownership of the Domain Name.  Licensee may not make any other use of the Domain Name other than those authorised above without prior written approval from Licensor.

2.  Term.  

a.   The term of this Agreement shall begin on the date written above and shall continue in full force and effect for a period of               years (the “Term”), unless terminated earlier pursuant to this Section 2.

      b.   Licensor shall have the right to terminate this Agreement should: (i) Licensee materially breaches any provision, term, or condition under this Agreement and such breach remains uncured _____ days after Licensees receipt of written notice of such breach or immediately if such breach is of an incurable nature; (ii) Licensee be subject to the commencement of proceedings of any nature against it under bankruptcy, insolvency or debtor's relief laws (which proceeding is not vacated or set aside within sixty (60) days of commencement), (iii) Licensee voluntarily file a bankruptcy petition, or otherwise seeks relief under bankruptcy, insolvency or debtor's relief laws (which filing is not withdrawn within one hundred twenty (120) days of filing.  
      In order to terminate this Agreement pursuant to Subsection (b)(ii) or (b)(iii) above, Licensor must provide written notice to Licensee or to Licensees successor in interest within 30 days of the date of termination stating Licensors intent to terminate and the intended date of termination.

d.   In the event that this Agreement is terminated pursuant to this Section 2, Licensee shall cease using the Domain Name in the course of Licensees business as soon as is commercially feasible.

e.   At the end of the Term, or upon any termination of this Agreement, all rights, interest and ownership of the Domain Name shall revert to Licensor, and shall be the sole property of Licensor.

3.  Payments.  Licensee shall pay to Licensor a fee of __________________________________ Rupees (Rs. _______________________) per year (the “Fee”).  Licensee shall pay the Fee upon the execution of this Agreement and on the first year anniversary and each year thereafter until the termination of this Agreement

4.  Licensors Representations and Warranties.  

a.   Licensor represents and warrants that it is the sole and exclusive owner of the Domain Name, and owns all right, title and interest in the Domain Name.
b.   Licensor represents and warrants that it has the legal authority to grant Licensee the Licence, and that no other person or entity is required to give its consent for the Licence to be valid.
c.   (if Licence is exclusive) Licensor represents and warrants that Licensor has not licensed the Domain Name to any person or entity other than Licensee, nor will it licence the Domain Name to any person or entity other than Licensee for the duration of this Agreement.

5.  Domain Name Registration Agreement.  Licensee agrees to comply with all the provisions of the Domain Name Registration Agreement attached hereto as Exhibit A, on its own behalf and on behalf of Licensor, including paying all amounts due thereunder for renewals, or otherwise, to maintain the registration and validity of the Domain Name.

6.    Ownership of Content.  Licensor shall have no rights, title or interest in or to the content Licensee displays, broadcasts or otherwise makes available or uses, through or in connection with the Domain Name.  

6.   Indemnification.  Licensor agrees to indemnify and hold harmless Licensee for any claims, suits, damages, actions, or other costs arising out any breach of Licensors warranties set forth in Section 4 above.

7.   Assignment.   Licensee may not assign its rights, duties or obligations under this Agreement without the prior written approval of Licensor.  Licensee may, however, assign this Agreement without Licensors prior written approval if such transfer is to a purchaser of all or substantially all of Licensees assets, or to a purchaser or other transferee of a controlling equity interest in Licensees business.  Licensor shall have the right to transfer its interest in this Agreement and in the Domain Name without the consent of Licensee.  Licensor must notify Licensee in writing in the event of that Licensor assigns all or a material part of this Agreement (the “Licensors Notice of Assignment”).  The Licensors Notice of Assignment must be sent to Licensee within 30 days of such assignment.

8.   Governing Law.  This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the honourable courts of ____________, India, without regard to conflicts of law principles.

9.   Counterparts.   This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

10.   Severability.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

11.   Notice.   Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

   If to Licensor:      
      
      
      

   If to Licensee:         
         
      
      

12.   Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

13.   Entire Agreement.   This Agreement constitutes the entire agreement between Licensor and Licensee, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.


IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.


LICENSOR

                  
Signature
                  
Print Name
LICENSEE

                  
Signature
                  
Print Name

EXHIBIT A

Domain Name Registration Agreement

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