Listing Agreement with Broker for Commercial Property

Listing Agreement with a Broker to Sell Internet Domain Site – Exclusive Listing

of , hereinafter called Seller, hereby engages , of , hereinafter referred to as Broker, as Seller’s exclusive Broker to sell the following described Internet Domain Name, hereinafter referred to as known the Domain. Seller is the current registrant or Agent of this Domain Name through the Internet Corporation for Assigned Name & Numbers.

1. Said Domain is to be sold at a price of not less than $ and upon the following terms:

2. This Agreement shall be for a period of commencing on and ending on . If Seller notifies Broker on or before 30 days prior to the end of said period that Seller does not wish to continue this Agreement, then this Agreement shall terminate at the end of such period. In the absence of such notice, this Agreement shall continue on a month to month basis following such period. However, after the initial period of year(s), either party may elect to terminate this Agreement by giving the other party thirty (30) days written notice of such election.

3. Seller agrees to refer all prospects for, or persons inquiring about, the sale of said Domain to Broker, and Broker shall conduct all negotiations for the sale of said Domain.

4. In the event Broker procures a party ready, willing and able to purchase the Domain upon the foregoing terms and conditions, or upon other terms and conditions acceptable to Seller, during the term of this Agreement (or up to days after the termination of this Agreement), or to persons with whom Broker has, during the term of this Agreement, negotiated offered or presented subject Domain, or who has inspected subject Domain with Broker, then Seller agrees to pay to Broker a commission of % of the gross selling price.

5. In consideration of this exclusive listing, Broker agrees:

A. To carefully inspect said Domain and secure complete information regarding it;

B. To direct the efforts in bringing about a sale;

C. To advertise said Domain as Broker deems advisable;

D. To keep Seller informed as to the progress being made toward consummation of a sale; and

E. To make all reasonable efforts to find a purchaser for said Domain.

6. Broker is authorized to accept on behalf of Seller a non-interest bearing deposit (not to exceed % of the purpose price) to be applied against the sale price, which deposit may be placed in any bank in pending consummation of the sale, without liability on Broker’s part in the event of failure or suspension of said bank. In the event Buyer fails to perform the deposit shall be retained as liquidated damages, 50% thereof shall to be paid to the Broker in full consideration for Broker’s services including costs experienced by Broker, and the balance shall be paid to Seller. In no event shall the retained deposit paid to Broker, exceed the total commission due for the pending sales transaction.

7. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

8. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

9. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

10. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

11. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

12. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

13. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

14. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

15. Compliance with Laws

In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

16. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures this the day of , 20 .