Domain License Agreement for Germany

Domain License Agreement Template for Germany

A Domain License Agreement governed by German law is a comprehensive legal document that establishes the terms and conditions under which a domain name owner (licensor) grants usage rights to another party (licensee). The agreement complies with German civil law requirements, particularly the German Civil Code (BGB) and relevant telecommunications regulations. It covers essential aspects such as license scope, duration, fees, technical requirements, and usage restrictions, while ensuring compliance with German data protection laws (DSGVO) and domain registration requirements specified by DENIC for .de domains.

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What is a Domain License Agreement?

The Domain License Agreement is essential when one party wishes to grant another party the right to use a domain name while retaining ownership. This document is particularly relevant in scenarios such as brand licensing, corporate restructuring, or strategic partnerships under German jurisdiction. The agreement must comply with German legal requirements, including the Civil Code (BGB), telecommunications laws, and DENIC regulations for .de domains. It typically includes comprehensive provisions covering license scope, technical requirements, usage restrictions, fees, and compliance obligations. The document is crucial for protecting both parties' interests while ensuring clear allocation of responsibilities and rights in domain name usage.

What sections should be included in a Domain License Agreement?

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms including 'Domain Name', 'License Period', 'Permitted Use', and other relevant terms

4. Grant of License: Scope of the domain license, including permitted uses and restrictions

5. Term and Termination: Duration of the license, renewal terms, and termination conditions

6. License Fees: Payment terms, amounts, and payment schedule for the domain license

7. Domain Management: Responsibilities for domain registration, renewal, and technical management

8. Representations and Warranties: Parties' assertions regarding domain ownership, rights, and compliance

9. Domain Usage Requirements: Technical requirements and acceptable use policies

10. Intellectual Property Rights: Protection of IP rights and handling of trademark issues

11. Compliance with Laws: Obligations to comply with applicable laws and regulations

12. Limitation of Liability: Limitations on parties' liability in accordance with German law

13. Confidentiality: Protection of confidential information exchanged during the agreement

14. Notices: Method and addresses for formal communications between parties

15. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Domain License Agreement?

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 technical availability requirements are critical

4. Domain Transfer Procedures: Include when specific procedures for potential future domain transfers need to be detailed

5. Dispute Resolution: Include when parties want to specify alternative dispute resolution methods

6. Marketing Rights: Include when parties need to address brand usage and cross-promotion

7. Data Protection: Include detailed section when personal data processing is involved

8. Competition Restrictions: Include when parties need to address non-compete or market restrictions

What schedules should be included in a Domain License Agreement?

1. Schedule 1 - Domain Names: List of all domain names covered by the agreement with registration details

2. Schedule 2 - Technical Requirements: Detailed technical specifications and requirements for domain operation

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees and payment terms

4. Schedule 4 - Acceptable Use Policy: Detailed policies regarding acceptable use of the domain

5. Appendix A - Contact Information: Technical and administrative contacts for both parties

6. Appendix B - Domain Transfer Protocol: Technical procedures for domain transfers

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

E-commerce

Digital Media

Telecommunications

Marketing and Advertising

Professional Services

Financial Services

Entertainment

Healthcare

Education

Retail

Manufacturing

Consulting

Relevant Teams

Legal

Information Technology

Digital Marketing

Brand Management

Compliance

Technical Operations

Commercial

Risk Management

Intellectual Property

Business Development

Relevant Roles

Legal Counsel

IT Director

Digital Marketing Manager

Brand Manager

Intellectual Property Attorney

Domain Manager

Chief Technology Officer

Compliance Officer

Commercial Director

Digital Operations Manager

Technical Operations Manager

Business Development Director

Risk Manager

Contract Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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