The Domain License Agreement is a crucial legal instrument used when a domain owner wishes to grant another party the right to use their domain name while retaining ownership. This agreement type is particularly relevant in Hong Kong's dynamic digital economy, where domain licensing facilitates various business arrangements including white-labeling, digital partnerships, and brand licensing. The agreement must comply with Hong Kong's legal framework, particularly the Trade Marks Ordinance (Cap. 559) and Electronic Transactions Ordinance (Cap. 553). It typically includes comprehensive provisions for domain usage, technical requirements, maintenance responsibilities, and termination procedures, while addressing specific considerations of Hong Kong's digital commerce landscape.
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1. Parties: Identifies and defines the Licensor and Licensee with full legal names and addresses
2. Background: Sets out the context of the agreement, ownership of the domain, and general purpose
3. Definitions: Defines key terms used throughout the agreement including Domain Name, Licensed Rights, Term, etc.
4. Grant of License: Details the specific rights being granted, including scope, territory, and any restrictions
5. Term and Renewal: Specifies the duration of the license and any renewal options
6. License Fees: Outlines the payment terms, amounts, and payment schedule
7. Domain Name Usage: Specifies permitted uses, restrictions, and requirements for domain usage
8. Maintenance and Technical Requirements: Addresses responsibility for domain maintenance, hosting, and technical operations
9. Representations and Warranties: Contains warranties about domain ownership, right to license, and compliance with laws
10. Intellectual Property Rights: Clarifies ownership of IP rights and any limitations
11. Termination: Sets out grounds for termination and consequences
12. Post-Termination Obligations: Describes obligations after agreement ends, including domain transfer procedures
13. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.
1. Sub-licensing Rights: Include when licensee is permitted to sub-license the domain to third parties
2. Content Requirements: Include when specific content restrictions or requirements apply to the domain
3. Service Level Agreement: Include when specific performance metrics or uptime guarantees are required
4. Security Requirements: Include when specific security measures or certifications are required
5. Dispute ReΊμΠΣΦ±²₯: Include when specific arbitration or mediation procedures are preferred over standard court proceedings
6. White Label Provisions: Include when the domain will be used for white label services
7. Geographic Restrictions: Include when usage is restricted to specific geographic regions
1. Schedule 1 - Domain Details: Technical details of the domain including registration information, DNS settings, and hosting specifications
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, payment schedules, and pricing terms
3. Schedule 3 - Acceptable Use Policy: Detailed policies regarding acceptable content and usage of the domain
4. Schedule 4 - Technical Requirements: Specific technical requirements for domain operation and maintenance
5. Schedule 5 - Service Level Agreement: Detailed performance metrics and service levels if applicable
6. Appendix A - Domain Transfer Procedure: Step-by-step procedure for domain transfer at termination
7. Appendix B - Branding Guidelines: Guidelines for use of branding elements if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
E-commerce
Digital Marketing
Retail
Financial Services
Professional Services
Media and Entertainment
Telecommunications
Education
Healthcare
Manufacturing
Real Estate
Relevant Teams
Legal
Information Technology
Digital Marketing
Brand Management
Compliance
Operations
Business Development
E-commerce
Technical Operations
Intellectual Property
Relevant Roles
Legal Counsel
IT Director
Digital Marketing Manager
Brand Manager
Compliance Officer
Chief Technology Officer
Domain Administrator
Intellectual Property Manager
Business Development Director
E-commerce Manager
Operations Manager
Contract Manager
Chief Digital Officer
Website Manager
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