Monetization™ Terms of Service

This Monetization™ Terms of Service Agreement (“Agreement”) governs your access to and use of the services, features, and functionality offered by Above.com Pty Ltd (“Above,” “we,” “us,” or “our”) under the Monetization™ program (the “Services”). By creating an account, accessing, or using the Services, you agree to be legally bound by this Agreement.

1. Acceptance of Terms

Use of the Services requires acceptance of this Agreement. Acceptance is effected by creating an Above user account or by accessing or using the Services. If you do not agree to these terms, you must not use the Services.

2. Changes and Modifications

Above reserves the right to make technical, interface, operational, or service changes to the Services at any time, with or without notice. Your sole remedy in the event of such changes is to discontinue use of the Services. Continued access to or use of the Services after any modification constitutes your irrevocable acceptance of the revised terms. If you do not agree, your sole remedy is to immediately discontinue use of the Services.

3. Pricing and Subscription

Above reserves the right to introduce new fees, usage-based pricing, minimums, or service tiers without notice. Failure to cancel to use the service, constitutes acceptance of such changes.

4. Service Availability

Above does not guarantee continuous, uninterrupted, or error-free operation of the Services. Service interruptions may occur due to maintenance, platform enforcement, technical failures, or third-party actions.

To the maximum extent permitted by law, Above shall have no liability for downtime, delays, lost revenue, lost business opportunities, data loss, or reputational harm.

Service unavailability shall not give rise to any refunds, credits, or offsets except as expressly agreed in writing by Above.

5. Access and Use

Access to public portions of the Above website is provided at no cost. Access to password-protected areas requires a valid account. Use of the Services for domain monetization is subject to Above approval.

Automated tools or systems used to access Above accounts are prohibited without prior written authorization.

Above reserves the right to refuse service, suspend or terminate accounts, modify or discontinue Services, or block domains or traffic that may disrupt the Services or violate this Agreement.

Above may take any action it deems reasonably necessary to protect its platforms, partners, or reputation, including traffic throttling, revenue holds, domain blocking, account suspension, or termination, with or without notice.

6. Third-Party Services

The Services integrate with third-party advertising platforms and technology providers (“Third-Party Services”), each governed by their own terms and policies. You acknowledge that compliance with such third-party terms is required and that monetization eligibility is dependent on ongoing compliance.

Above disclaims all responsibility and liability for any action, inaction, enforcement decision, suspension, clawback, payment delay, or policy interpretation by Third-Party Services. Any resulting impact on monetization, revenue, or account status shall not constitute a breach of this Agreement.

7. Advertising Platform Policy Compliance

Compliance with advertising platform policies is a material condition of this Agreement. Above may rely on platform guidance, signals, audits, or its own reasonable assessment when determining compliance.

Only organic, user-initiated traffic is permitted. Any form of paid, incentivized, redirected, automated, manipulated, or artificially generated traffic is strictly prohibited, including but not limited to traffic sourced from Meta, TikTok, Taboola, Outbrain, GDN, DSPs, pop networks, redirects, push notifications, toolbars, extensions, or similar mechanisms.

No intent, ignorance, or third-party involvement shall excuse a violation.

Above may, in its sole discretion, immediately suspend monetization, withhold or reverse revenue (including previously accrued revenue), block domains or traffic, or terminate this Agreement if Above reasonably believes continued monetization may violate platform policies or expose Above or its partners to enforcement, financial loss, or reputational harm.

Above reserves the right, at any time and in its sole discretion, to monitor, review, audit, or analyze domains, traffic sources, referrer data, logs, performance metrics, and related records to verify compliance with this Agreement and applicable advertising platform policies.

You agree to cooperate fully with any such review and to promptly provide information or documentation reasonably requested by Above.

Failure to cooperate or provide accurate information may result in immediate suspension, revenue withholding, or termination.

Above is not obligated to disclose specific detection methods, thresholds, partner feedback, or confidential enforcement information used in making compliance or enforcement determinations.

8. Direct-to-Advertiser Services

Above may offer monetization through direct advertiser relationships or third-party partners. You grant Above the right to redirect domain traffic, collect performance data, and disclose such data to advertisers for monetization purposes.

You acknowledge that advertiser demand, pricing, routing, and allocation decisions are controlled solely by Above or its partners and may change at any time without notice.

Nothing in this Agreement shall be deemed to create any partnership, joint venture, agency, fiduciary, or employment relationship between the parties.

You have no authority to bind Above or make representations on its behalf.

9. Restrictions

You represent and warrant that you own or control all domains submitted and that such domains do not infringe third-party intellectual property rights or contain unlawful, defamatory, malicious, or deceptive content.

You further represent that your domains, traffic, and use of the Services do not violate any advertising platform policies, consumer protection laws, privacy laws, or regulations in any applicable jurisdiction.

You shall not, directly or indirectly, reverse engineer, decompile, disassemble, analyze, derive, attempt to discover, or otherwise seek to determine the underlying structure, algorithms, logic, methods, pricing, routing, monetization strategies, or operation of the Services or any related technology, except to the extent expressly permitted by applicable law.

You shall not use the Services for the purpose of developing, benchmarking, replicating, or facilitating a competing product or service, nor to circumvent, manipulate, or optimize around the Services in a manner inconsistent with this Agreement.

10. Payments

Domain revenues actually received by Above, net of adjustments, clawbacks, fees, chargebacks, and partner deductions through the Services shall be paid monthly within forty-five (45) days after the end of the month in which Above receives payment from advertisers or partners, subject to a minimum payout threshold of USD $100.

Above may withhold, offset, adjust, or permanently forfeit any revenue associated with violations, suspected violations, advertiser clawbacks, invalid traffic, enforcement actions, chargebacks, or non-payment by partners, even if such revenue was previously reported or accrued.

Above may reconcile revenue, apply adjustments, offsets, or clawbacks, and recover amounts owed for a reasonable period following termination or expiration of this Agreement.

11. Confidentiality

Each party agrees to keep confidential any non-public information disclosed in connection with the Services and to use such information solely for purposes of performing under this Agreement.

In connection with the Services, Above may collect, process, and use technical, traffic, device, performance, and usage data, including data relating to end users, domains, and advertising interactions, for purposes of providing, operating, securing, analyzing, improving, and monetizing the Services.

You acknowledge that Above acts as an independent service provider or processor with respect to such data and that data processing practices are consistent with industry-standard monetization and advertising operations.

You are solely responsible for ensuring that your domains, traffic, and data collection practices comply with applicable privacy, data protection, and consumer protection laws and regulations, including without limitation GDPR, CCPA/CPRA, and similar laws, as applicable.

To the extent required by law, Above will process personal data in accordance with its privacy policy and applicable legal requirements. Nothing in this Agreement shall be construed to impose on Above obligations inconsistent with its role as a monetization platform or advertising intermediary.

12. Indemnification

You agree to indemnify, defend, and hold harmless Above, its affiliates, officers, directors, employees, and partners from and against any and all claims, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your domains, traffic, use of the Services, or breach of this Agreement.

13. Limitation of Liability

To the maximum extent permitted by law, Above shall not be liable for indirect, incidental, consequential, special, or punitive damages. Above’s total liability shall not exceed the fees paid by you to Above in the three (3) months preceding the claim. The foregoing limitations apply regardless of the theory of liability and even if Above has been advised of the possibility of such damages.

You agree that any claims arising out of or relating to this Agreement shall be brought solely on an individual basis and not as part of any class, collective, or representative action.

14. Disclaimer of Warranties

The Services are provided “as is” and “as available,” without warranties of any kind, express or implied.

Above does not provide legal, financial, tax, or traffic acquisition advice, and you are solely responsible for ensuring your domains and traffic comply with applicable laws and platform policies.

15. Termination

Above may terminate this Agreement or any portion of the Services immediately, with or without notice, for breach, suspected breach, policy risk, legal or regulatory concerns, partner requirements, or business reasons.

You may not assign or transfer this Agreement, in whole or in part, without Above’s prior written consent.

Above may assign this Agreement freely, including in connection with a merger, acquisition, restructuring, sale of assets, or change of control.

Termination shall not entitle you to any damages, compensation, or continued access to the Services.

16. Governing Law and Venue

This Agreement shall be governed by the laws of Victoria, Australia, and subject to the exclusive jurisdiction of its courts.

17. Force Majeure

Above shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including acts of God, governmental actions, platform enforcement, network failures, labor disputes, or third-party service disruptions.

18. Entire Agreement

This Agreement, including any appendices or exhibits referenced herein, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings relating to its subject matter.

19. Severability and Waiver

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.

Failure by Above to enforce any provision shall not constitute a waiver of future enforcement.

20. Survival

The provisions of this Agreement that by their nature should survive termination or expiration shall survive indefinitely, including without limitation provisions relating to revenue withholding, offsets, adjustments, clawbacks, audits, confidentiality, indemnification, limitation of liability, disclaimers, governing law, and dispute resolution.

For clarity, termination or expiration of this Agreement shall not create any obligation for Above to make payments not otherwise due under this Agreement, nor limit Above’s right to withhold or reverse revenue in accordance with this Agreement.

Appendix A: Risk, Policy, and Enforcement Framework

Above.com Registrar Terms of Service

• Domain Registration Agreement
• Dispute Policy
• Registrar Terms

This Agreement governs your use of Above.com Pty Ltd and Above.au Pty Ltd (hereinafter referred to as "Above.com") Domain Registrar Services (Registrar Services). By using the Registrar Services, you are agreeing to be bound by Above.com Domain Registrar Terms of Service, which agreement is achieved by creating and/or using an Above.com Domain Registrar user account.

Changes and Modifications

Above.com reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the Service following changes and modifications will constitute your binding acceptance.

Pricing

Above.com reserves the right to make pricing change displayed on our website without notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect.

During the 30 days notice period, existing customers have the ability and right to cancel or unsubscribe Services before the new pricing is set.

Above.com offers an optional automatic renew billing service, where ongoing Registrar Services are provided in exchange for yearly fees. You have the ability to unsubscribe or cancel Registrar Services provided at any time. Cancellations need to be made at least 2 days before the current subscription expiry date to avoid renewal charges.

Service Levels and Access

We will use our best endeavors to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We cannot accept liability for any cases of its unavailability.

Access to the website is free to all. Access to password protected sections of the website is limited and can be accessed with a valid Above.com user account.

Automated solutions, including tools, software applications and online systems used to access Above.com user accounts, whois details and any other domain related information, can only be used with permission. Please contact us to obtain permission.

We reserve the right to (i) refuse the provision of Registrar Services to any user, (ii) cancel user accounts and (iii) cancel, change and modify Registrar Services offered to users.

Notices

Notices shall be in the form an email, system message alerts or as a post on the Above.com forum/blog.

By opening an Above.com account you agree to receive emails from Above.com and related entities. You have the ability to unsubscribe at any time.

Termination

Termination for Cause. This Agreement may be terminated by one of the parties for cause immediately by providing notice upon the occurrence of any of the following events; (i) If the other ceases to do business, or otherwise terminates its business operations; or (ii) If the other shall fail to promptly secure or renew any license registration, permit, authorization or approval for the conduct of its business in the manner contemplated by this Agreement or if any such license, registration, permit, authorization or approval is revoked or suspended and not reinstated within thirty (30) days; or (iii) If the other breaches any material provision of this Agreement and fails to fully cure such breach within thirty (30) days (ten (10) days in the case of failure to pay) of written notice describing the breach; or (iv.) If the other becomes insolvent or seeks protection under any bankruptcy receivership trust deed, creditor's arrangement composition or comparable proceeding, or if any such proceeding is instituted against the other and not dismissed within thirty (30) days.

Termination for Convenience. You may terminate and cancel your service at any time with the discontinued use of this website.

Warranty

The Above.com Registrar Service relies on many third party Domain Registries, including but not limited to: Verisign, Neustar, PIR, Afilias, Nominet and others.

Above cannot be held liable for delays, data skews or inconsistencies provided by third party providers.

Above cannot accept any liability for interruption of services due to third party service interruptions.

We also warrant that Above.com will not violate any third party contractual obligations in relation to third party providers.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

If for any reason we are held liable, our liability is limited to the amount paid by you for applicable Registrar Services concerned.

Release and Indemnification

Above.com customers releases and forever discharges Above and any related entities from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Above services.

Force Majeure

Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.

Governing Law

This Agreement shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. Above will comply with all applicable laws under this jurisdiction.

Severability

If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.

Inconsistent terms

The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.

Abuse & Complaints Handling

DNS Abuse reporting and handling process

Please feel free to submit any abuse via our contact form.

We accept abuse reports through email submissions to our designated abuse contact and telephone calls to our abuse hotline. Upon receipt, each report is assigned a unique ticket number and documented in our internal abuse management system, including details of the report, date received, and supporting evidence provided.

Well-founded reports of illegal activity are reviewed within 24 hours by a qualified member of our abuse team who is empowered to take necessary and appropriate actions. Our abuse team evaluates each report and responds accordingly, with all correspondence tracked within our ticket system. We maintain records of all abuse reports and responses for two years or the longest period permitted by applicable law, whichever is shorter, and provide these records to ICANN upon reasonable notice.

All actions taken in response to abuse reports comply with applicable law and this terms of service.

WHOIS Inaccuracy

The complaint should be submitted via our contact form with the Complaint option selected. Be sure to enter the domain name, your email address, your name and describe the whois inaccuracy with as much detail as possible.

Process for Whois Inaccuracy Complaint Handling

The Above.com Abuse team will review your complaint within 24 hours and contact the Registrant of the domain name, asking them to correct the whois details of their domain name within the 7 days.

If the Registrant fails to modify the whois details and/or fails to provide Above.com with sufficient proof that existing or modified whois details are accurate; the domain name will be suspended after the allotted 7 day period has elapsed.

Spam, Malware & Phishing

For domains using name servers containing *.hostingbyabove.com which is used for our cPanel hosting refer to these additional terms. The Above.com Monetization and the Parking Manager service does not provide website or an email hosting service, so the hosting service provider should be contacted regarding any Spam, Malware or Phishing complaints. We are generally unable to action spam complaints regarding domains registered with Above.com or using our Parking Manager service.

Process for Spam Complaint Handling

If you believe the domain owner is actively sending spam emails, please contact the domain's website/email hosting provider regarding any spam complaints.

If the website/email hosting service is uncooperative, please submit a contact form with the Complaint option selected and provide as much information as possible, including the email message and headers.

We will review the email message and headers to determine the origin and suggest how to proceed with reporting the complaint to the appropriate service(s).

If we determine that the domain owner is deliberately hosting malware, phishing or otherwise attempting to scam users in some way, their domain will be suspended immediately.

Fake Pharmaceutical Websites

Above.com understands the danger of websites selling fake pharmaceuticals and takes any such complaints very seriously. Any complaints should be submitted via our contact form by selecting the Complaint option and providing as much information as possible. You should also submit a complaint to the service hosting the website.

Process for Fake Pharmaceutical Website Complaint Handling

The Above.com Abuse team will review your complaint within 24 hours and contact the Registrant of the domain name, asking them to provide copies of appropriate licenses and authorization to sell pharmaceuticals online, within the 7 days.

If Above.com Abuse team receives proof and copies of appropriate documents, we will take measures to determine the authenticity of these documents and if necessary ask for further proof and documents. If we are satisfied that the pharmaceutical website is genuine and legitimate, we may forward the documents and proof to the complainant if authorized by the Registrant.

If the Registrant fails to provide Above.com with sufficient proof that they are authorized to sell pharmaceuticals online, the domain name may be suspended after the allotted 7 day period has elapsed.

Feedback & Complaints Regarding Above.com's Services

Please feel free to submit any feedback via our contact form. We always welcome suggestions and feedback; it helps us improve our services.

If you have a complaint regarding our service, please chat to us via live chat (available during US and Australian business hours) or submit your complaint via our contact form. Complaints submitted via email or our contact form are replied to within 1 business day.

If you are unhappy with the outcome of your complaint, you can request it is escalated. Our senior staff will review the complaint and respond within 5 business days.

Marketplace and Brokerage Terms of Service

1. Definitions. As used in this Agreement, the following terms shall have the following meanings:

• "Company" refers Above.com Pty. Ltd.
• "Buyer" refers to the person(s), entity(ies) or association(s) contracting for the purchase of the domain(s).
• "Seller" refers to the person(s), entity(ies) or association(s) contracting for the sale of the domain(s).
• "Reserve price" is the minimum price in USD that Seller will accept, net of brokerage and escrow fees.
• "BIN price" is the preferred price in USD that Seller will accept, net of brokerage and escrow fees
• "Auction" refers to the sale of Domain Name(s) through a BID or BIN process run by Company for the purpose of Domain Sale(s) of Domain Name(s) covered under this Agreement.
• "Closing of a Sale" or "Close a Sale of a Domain Name" refers to when the following has been completed:
  1. Buyer deposits with the Escrow Company the Purchase Funds based on the Sale Price agreed to between Buyer and Seller in a Domain Sale Agreement, or as a result of an Auction;
  2. the Purchase Funds have cleared;
  3. Seller has transferred the subject Domain Name(s) to Escrow Company for transfer to Buyer or Buyer's designee;
  4. Escrow Company has disbursed the Purchase Funds to Seller or Seller's designee minus the Commission and any other deductible amounts specifically authorized in this Agreement, the Domain Sale Agreement, Escrow Company agreement, or as required by law; and
  5. Escrow Company has distributed the Commission to Company or its designee, and has distributed any other deductible amounts to their appropriate payee(s).
• "Commission(s)" refers to money due to Company from Seller as a result of Domain Sale(s) covered under this Agreement. Commission(s) is/are calculated based on Sale Price(s) except as otherwise stated herein.
• "Escrow Company" refers to Company, or any third party designated and approved by Company to handle the financial and other transactions pertaining to Domain Sale(s).
• "Term of this Agreement." - This Agreement commences on the Effective Date and continues for a period of fifteen (15) calendar days from close of auction.

2. Sellers Representations and Obligations

• Seller represents and warrants that it is the lawful and exclusive registrant of the Domain Name and no other party has any right to registration of the Domain Name or has otherwise made any claim to the Domain Name. Seller further represents and warrants that it has the exclusive authority to enter into this transaction and transfer the Domain Name, free of the claims of any third parties.
• Seller shall ensure that all Domain Name(s) remain in good standing and do not expire before the expiration of Term of this Agreement.
• Upon notification of a Domain Sale, Seller will expeditiously take all actions required to effectuate the Closing of Sale, including compliance with all of Seller's obligations pursuant to this Agreement, the Domain Sale Agreement, the terms of any Auction, and the Escrow Agreement, as applicable within five working days; If you refuse or fail to do so, you agree that a Legally Binding Contract of Sale has been entered into and you acknowledge that the Company is entitled to seek damages and/or restitution under applicable legal statues and you take full liability for all costs, interest, and attorney's fees for such breach of Contract."
• You may not place any bids or offers to purchase the Domain Name that you have listed for sale, either under your own Name, an alias, or any entity in which you maintain a controlling interest.
• Once the Auction has begun, you are bound to an exclusive sales period with the Company, whereby the Seller is obligated to sell the Domain Name(s) if a Buyer agrees to the BIN Price or the Sellers Reserve Price has been met or surpassed.
• You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights. You further recognize that Above.com has no responsibility to determine whether domain names monitored or acquired by others through our site infringe upon any trademarks rights, and you agree to release Above.com and any associated entity from any legal claims asserting such a responsibility.
• Sellers are required to follow the specific rules of domain name registries. Some registries do not allow auctioning or the sale of domains for any amount significantly higher than the registration fee.It is the seller's responsibility to comply with all registries' rules.

3. Buyer Obligations and Warrants

• You warrant that all bids you make are done in good faith and that you have no knowledge of any information, which would affect the validity of the bid.
• You are obligated to pay the Sellers BIN price, should you execute that option in the Above.com Marketplace system.
• Buyer agrees to deposit with the Escrow Company the Purchase Funds based on the Sale Price agreed to between Buyer and Seller in a Domain Sale Agreement, or as a result of an Auction within five working days; If you refuse or fail to do so, you are fully liable for such amounts and hereby authorize Company to pursue you for collection of such amount including your full liability for all costs, interest, and attorney's fees for such collection.
• You are obligated to pay the Sellers the Offer value you have submitted, should the Seller accept your Offer.
• By submitting this contact and any offers, I confirm that neither I, nor the organization on whose behalf I am acting (if applicable), claims any form of legal right to the domain listed. I confirm that my use of this Service and any contact or offers constitutes an express waiver of any applicable intellectual property rights to the domain name and I acknowledge that the domain name owner and registrants are relying on this waiver when electing to receive any contact, any offers and to engage in communications regarding the potential purchase and sale of the domain name.

4. Above.com's Responsibilities

• Company shall have the authority to broker and Close a Sale of Domain Name(s) covered under this Agreement, for an amount equal to or in excess of the Reserve Price or at the BIN Price, without any further authorization necessary by Seller.
• Company shall not be authorized to Close a Sale of Domain Name(s) if the Reserve Price has not been met or exceeded without the written consent of Seller.
• Company shall provide seller provided data to buyer through the auction platform. Company does not warrant or verify any such Seller provided information.
• Company will provide VERIFIED Seller Traffic and Parking Revenue through auction platform, when Sellers domains are in Above.com Monetization system, and Seller authorizes the data's release.
• Company will manage the Escrow Process. Purchased domains will be pushed into the Buyers Above.com Registrar account upon a successful Close of Sale.
• Company will act as "Designated Agent" and is authorized to initiate and approve a Change of Registrant on behalf of the Prior Registrant (seller) and New Registrant (buyer).

5. Brokerage Service

• By opting into the Above.com Broker Service, Sellers agree to pay the Company a brokerage fee of 15% or as agreed of the total sale price for each domain, in the event the domain is sold during the period this Agreement is in effect.
• The Above Brokerage service can be opted in for specific domains and/or for all your domains added to your Above.com user account, and you have the ability to opt out at any time with a 30 day cooling off period so that any pending to be closed domain sales can be finalized.
• Sellers agree to promptly respond to any broker contacts made relating to offers received by prospective buyers.
• You agree and understand that any brokered sales already initiated and started prior to opt out that are completed during the cooling off period, the standard brokerage fee will still be applicable and charged.
• Domain offers received via the Above.com Marketplace are used by our in-house brokers to reach out to both Buyers and Sellers and will negotiate on your behalf to close a sale. Offers in the Above.com Marketplace will still be visible and fully tracked, brokers will however have the ability to make any offer and counter offer adjustments while in the brokerage term of service.
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6. Limitations

• Company reserves the right to reject or decline the brokerage of any domain name, prior to or during the term of this Agreement, at its sole discretion.
• Without limitation of any other remedy, Company reserves the right to suspend, terminate and remove your listing at any time and without prior notice if it reasonably believes that you have engaged in any fraudulent activity in connection with your posting or if Company is of the opinion that you have breached any of your representations under this Agreement, or violated any of the terms of this Agreement or of any of Company policy.
• By submitting a contact form and/or any offers, I confirm that neither I, nor the organization on whose behalf I am acting (if applicable), claims any form of legal right to the domain listed. I confirm that my use of this Service and any contact or offers constitutes an express waiver of any applicable intellectual property rights to the domain name and I acknowledge that the domain name owner and registrants are relying on this waiver when electing to receive any contact, any offers and to engage in communications regarding the potential purchase and sale of the domain name.

7. Fees and Payments

• By entering this Agreement, Seller agrees to pay the Company a domain sales commission fee the greater of either USD$20, EUR€18, AUD$30, GBP£16 or 3% for all TLDs; or a brokerage fee of 15% of the total sale price for each domain, in the event the domain is sold during the period this Agreement is in effect.
• In the event legal action, suit, or proceeding become necessary due to a breach or failure to abide by any provisions of this Agreement, Company will be entitled to recovery of reasonable costs and expenses (including reasonable attorneys' fees and expenses in addition to connection with the costs of such action, suit, or proceeding fees, in addition to connection with the costs of such action, suit, or proceeding.
• You agree and understand that it is your responsibility to pay any local, state, federal, and/or foreign taxes as that may be due by you as a result of the sale or acquisition of a domain name. Company will not withhold/pay any taxes due by the Seller or Buyer as part of this Agreement.
• Australian clients are subject to Australian GST on top of listed pricing.