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ARCHIVE FEATURE ARTICLE (ie. old info)
Exclusive: A Domain
Name Success Story
I have been invited to share this story with you, but
the author asked me not to reveal the name of the domain he sold or the exact price. I
respected his wishes in the story below. Therefore names have been changed -- but the
information remains very valuable. It has lots of useful tips for people seeking to sell
names directly! I have commented his story below. - E.H.
NOTE: This story was sent to me
by Jeremy Elson. I suggest you contact him if
you need more information.
I recently sold the domain name '<domain>.com'. I registered it about 2 or 3
years ago for a computer dating service I was running - after thinking of every possible
permutation of "love" (love.com, match.com matchmaker.com, etc.) I finally went
to the WordPerfect 5.1 Thesauraus, typed "love", got "<domain>"
- which I loved - and immediately registered it when I saw no one else had taken it.
This is a great hint. Look for permutations of a name
if you can't get the first name you think of.
Of course, this was before URLs would appear at the bottom of every commercial on TV
and I'm now kicking myself for not registering more domains when I had the chance. I could
retire!
A French company that apparently wants to run some sort of other French dating service
wrote us e-mail one day out of the blue, in August of 97, asking if we were interested in
selling our domain name. We eventually settled on a price (low 5 figures).
Low 5 figures is pretty good for a domain name sale.
We used a financial insturment called an "International Letter of Credit" to
execute the transaction. It's kind of like an escrow account, but can be done for
international transactions and apparently doesn't even cost that much. Basically, the
French company deposited the money into their bank in France, and asked their bank to send
an International Letter of Credit to some random bank of their choice in the U.S. The
money was then transferred from the French company's bank to this random (3rd party) bank.
We then got official legal-looking documents from the 3rd party bank informing us that
they had xxx dollars waiting in an account and guaranteed they would transfer it to us if
we could prove we had met the "conditions" of the Letter of Credit. (The French
company and our company had, of course, mutually agreed on the exact wording of the
"conditions" -- the acceptable forms proof that we had transferred the domain to
them.)
I asked Jeremy what was in that letter. He replied:-
Here is the email from my partner who arranged the deal to the
company that bought our domain name. I've changed the names to preserve our privacy. The
company that received the doman name was called "S5 Productions". Our company is
called the Frost Group. Our bank is First National Bank. The domain to be sold is
<domain>.com.
THIS IS THE TEXT
OF THE EMAIL
The wording below is what I suggest for the condition statement. It is a little long,
so let me explain the reasons. First of all, I am not sure what will be the easiest way
for the bank to confirm transfer, so I have included several ways. One of these ways is
simply for you to tell your bank that you have received the name-- this is the easiest and
quickest way, I think. But we need to make sure that we can prove independently of you
that the name has been transferred, if for some reason you do not tell your bank, so I
have included InterNIC search and email from InterNIC. Also, just in case you decide to
immediately sell "<domain>.com" to someone else, I have included the
sentence saying that we only need to prove that domain.com HAS BEEN OWNED by S5 (or
designate) at some point. This way the transaction is still payed if you give domain.com
to someone else before the bank finds out that S5 received domain.com in the first place.
Here it is:
"Condition for payment in full by wire transfer to Frost Group Account 1509-3945
at First National Bank, USA shall be confirmation that the Internet domain name
"<domain>.com" has been transferred to S5 Production or its designate.
Method of confirmation of transfer shall be EITHER evidence of an authentic email from
InterNIC stating that "<domain>.com" is owned by S5 Production or its
designate; AND/OR that an Internet search of the InterNIC domain name registry, which may
be conducted by any party to the transaction, shows that "<domain>.com" is
owned by S5 Production or its designate; AND/OR assertion by Marc Fazio of S5 Productions
that S5 Production or its designate has obtained the <domain>.com domain name. If S5
Production or its designated owner chooses to transfer "<domain>.com" to
another party, it will be sufficient condition for payment in full to show, through any of
the methods described above, that "<domain>.com" has been
owned/transferred to S5 Production or designate at some point in the past.
"<domain>.com" must be transferred by November 19, 1997." |
Which bank was used?
The company that bought our domain name chose to use the Bank of
New York as a neutral 3rd party. I don't know why; they didn't tell us and we never
bothered asking. Bank of NY just acted as a 3rd party bank in this transaction. The domain
buyer's company's bank forwarded the money and the International Letter of Credit to the
Bank of NY; then the Bank of NY forwarded the Letter of Credit to us, telling us they had
the money waiting for us if we satisfy the conditions described above. After transferring
the domain name to them we forwarded the Internic registry database entry for our domain
to Bank of NY, which then wired the money ($xx,000 less about $300 in fees) to our bank.
But back to the story...
We then wrote to Internic to get the domain transferred, and once the transfer was
executed we printed a copy of the registry info for the domain and sent it to the 3rd
party bank. The bank inspected the documents, accepted them as proof that we had met the
agreed-upon conditions, and then did a wire transfer of the money to our bank, less about
$250 in legal expenses. I'm not sure how much the French company was charged on the
"sending end" to execute the transaction.
Jeremy had a lot more to say about the actual process
to transfer the domain name. This is perhaps THE MOST
VALUABLE INFORMATION OF ALL.
The most important thing that I found out is that the InterNIC's
guidelines for transferring a domain name are flexible. They explicitly say on their web
page that the the current holder of the domain name should fill out a template for
deletion of their domain and forward that template to the new owner; and that the owner
should then append their New Domain Name Registration template on to the old owner's
Deletion template, and that the *recipient* should then forward the combined template to
InterNIC with a subject line of TRANSFER DOMAIN.
We didn't like this because it would mean we would have to give
our Guardian password to their company, which we would prefer to keep private. (Of course,
I'm assuming that anyone who wants to sell a domain name has first protected their domain
registration using a Guardian password; otherwise an evil attacker can trivially steal the
domain name away!)
If you haven't protected your domain name
registration, it is a good idea to do so immediately!
So, I called InterNIC and asked their customer service people if
it was okay if the *current* owner of the domain, instead of the *new* owner, could send
the combined "delete" and "new" transfer templates. Much to my
surprise, they said that it was absolutely fine to do it that way. So, the domain name
sale went like this:
1) We and the recipient of the domain name agreed on a price, and
agreed on the conditions that I described above.
2) The recipient filled out an InterNIC domain template for
Registration of a New Domain, complete with their DNS servers' IP addresses, company name,
etc. They then sent this template to us (not InterNIC!).
3) The recipient deposited the money into their local bank and
arranged for an International Letter of Credit. Their bank then wired the money and the
letter of credit to an arbitrary 3rd party bank in the US -- they chose the Bank of New
York.
4) Upon receiving the Letter of Credit, the Bank of NY sent
official notice to both us and *our* bank, telling us that they had the money waiting and
it was guaranteed to us as long as we could meet the conditions specified (that we had
agreed to in step 1).
5) We filled out a Domain Name Deletion template with our private
guardian password, appended the recipient's New Domain template that they'd sent to us in
step 2, and sent the combined email to hostmaster@internic.net with a subject of TRANSFER
DOMAIN domain.com.
Note that this is
the step in which we deviated from InterNIC's official guidelines; they say on their web
site that the combined registration should be sent by the *recipient*, not the current
owner, but InterNIC customer service told us that the current owner was also allowed to
send the domain transfer. We chose to send it so that we would not reveal our Guardian
password to the company receiving our domain name.
6) After InterNIC effected the domain name transfer we printed a
copy of "whois domain.com" and sent it to the Bank of NY. After several days
they accepted the documents and wired the money to our bank.
7) Celebrate!
Note also that the
transfer won't go through unless the DNS servers that the recipient specifies on the
template are up and running, and correctly identify themselves as the SOA for the domain.
BTW, the entire process (from first contact to final payment)
took a little more than 4 months.
Jeremy had one final comment...
I noticed that there are certain companies that offer domain name sale escrow services;
my first reaction is: why trust an unknown 3rd party when you can trust a bank instead? We
sold our domain name with complete legal protection (the Letter of Credit both guaranteed
that the French company would get their money back if we didn't come through, and
guaranteed that we would be paid if we did transfer the domain) -- and didn't have to rely
on some shady domain name broker. I would trust this amount of money to a bank *long*
before I'd trust it to some unknown run-in-a-basement domain name broker who popped on to
the scene 6 months ago.
That is a very valid point, and indeed brokers seem
to spring up like mushrooms these days. I do not feel that all brokers can be grouped into
the shady category. Look at their sites in detail, ask questions, ask for testimonials from satisfied customers,
etc... Now that you are armed with all the fantastic information Jeremy provided above,
you can decide for yourself whether to go through a broker or go it alone. You can also go
halfway if you already have a buyer but you want to simplify the process still further: GreatDomains for instance offers escrow and transfer services for a flat $500 fee.
It remains only for me to thank Jeremy very warmly
for his amazingly useful story. - E.H.
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