What is "an authorised reseller" of domain names

[Markz]

I came across this article via domaining.com
It's by Carroll & O’Dea Lawyers (Sydney) where they talk about domain names.
http://www.codea.com.au/property-bl...medium=syndication&utm_campaign=View-Original
One part of the article I found very interesting:
"If a domain name is registered by someone who is not an authorised reseller (including as an auDA authorised re-seller) and that person is simply holding the domain with the intention of reselling rather than using the domain name for a legitimate business purpose (a practice known as cybersquatting), auDA may be able to investigate and cancel the registration of the domain name if cybersquatting is found."

Authorised reseller? What are they talking about? I have a few .com.au domains that I would like to sell. If I get a buyer, can I sell them? Can't say that I'm an authorised reseller. And how one becomes that? Can I put my .com.aus on Netfleet and sell? With .coms is easy but am not sure I understand the rules here, in Australia. Could someone please advise and help? Thanks in advance.

 

[Andrew Wright]

This is written by someone who doesn't know what they are talking about.

Sometimes to have the name transferred to you is simply a matter of purchasing the domain name but this only applies if the domain name is held by an authorised re-seller. Authorised re-sellers (which may also be auDA authorised Registrars) are allowed by auDA to register the domain name in their name and keep it unused until the right purchaser comes along.

The above is factually inaccurate, in fact it is against auDA policy for regsitrars to "register the domain name in their name and keep it unused until the right purchaser comes along". Remarkable that this is a law firm.

 

[Andrew Wright]

Here's auDA policy re domain sales and transfers - https://www.auda.org.au/policies/index-of-published-policies/2011/2011-03/

The section that is of interest...

3. CIRCUMSTANCES OF TRANSFER

3.1 A registrant may:

a) offer their domain name licence for transfer (or “sale”) to another eligible entity, by any means; and

b) transfer their domain name licence to another eligible entity, for any reason.

Please Note: Under the Domain Name Eligibility and Allocation Policy Rules for Open 2LDs, a registrant may not register a domain name for the sole purpose of resale or transfer to another entity. Where a registrant is found to have breached this policy rule, auDA reserves the right to cancel the domain name licence and delete the domain name.

So as long as you haven't registered a domain "for the sole purpose of resale" you are okay - provided you comply with this policy...

2012-04 - Domain Name Eligibility and Allocation Policy Rules for the Open 2LDs
https://www.auda.org.au/policies/index-of-published-policies/2012/2012-04/

 

[Markz]

Thanks Andrew, appreciate your help! There are few areas I'm still not clear about. Like these 2:
1) How can a person have say 50 different niche related domains (.com.au) for sale in Netfleet (that's just an example) and at the same time not to have them registered "for the sole purpose of resale".
2) How to do outbounds? That can easily conflict with not to have a domain registered "for the sole purpose of resale" rule.

 

[Joel]

1) How can a person have say 50 different niche related domains (.com.au) for sale in Netfleet (that's just an example) and at the same time not to have them registered "for the sole purpose of resale".

The key is for the "sole purpose" of resale. Using them for other things, ie. monetisation, is the easiest way to get comply with the policy.

 

[DomainNames]

I came across this article via domaining.com
It's by Carroll & O’Dea Lawyers (Sydney) where they talk about domain names.
http://www.codea.com.au/property-bl...medium=syndication&utm_campaign=View-Original
One part of the article I found very interesting:
"If a domain name is registered by someone who is not an authorised reseller (including as an auDA authorised re-seller) and that person is simply holding the domain with the intention of reselling rather than using the domain name for a legitimate business purpose (a practice known as cybersquatting), auDA may be able to investigate and cancel the registration of the domain name if cybersquatting is found."

Authorised reseller? What are they talking about? I have a few .com.au domains that I would like to sell. If I get a buyer, can I sell them? Can't say that I'm an authorised reseller. And how one becomes that? Can I put my .com.aus on Netfleet and sell? With .coms is easy but am not sure I understand the rules here, in Australia. Could someone please advise and help? Thanks in advance.

Looks like they may need to learn a lot more about domain names and policy.

Erhan give them a call and invite to your training sessions.. looks like they could use some help.

Hopefully they do not make the RDNH errors also.

I've never read such inaccurate information from anyone let alone a lawyer.

 

[Markz]

Thanks Joel. What about outbounds? How to do them the right way in Oz domaining market and "the "sole purpose" of resale" thing?

The key is for the "sole purpose" of resale. Using them for other things, ie. monetisation, is the easiest way to get comply with the policy.

 

[Scott7]

Thanks Joel. What about outbounds? How to do them the right way in Oz domaining market and "the "sole purpose" of resale" thing?

By monetising your domains and doing outbound marketing, resale isn't your sole purpose, as your other purpose is monetisation. This complies with the rules and is perfectly acceptable.

 

[Markz]

Thanks!

By monetising your domains and doing outbound marketing, resale isn't your sole purpose, as your other purpose is monetisation. This complies with the rules and is perfectly acceptable.