Domain Name License Agreement for India

Domain Name License Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions under which a domain name owner (licensor) grants permission to another party (licensee) to use a specific domain name. The agreement covers essential aspects including usage rights, technical requirements, maintenance responsibilities, fee structures, and compliance with Indian IT laws and regulations. It incorporates provisions from the Information Technology Act, 2000, and addresses trademark considerations under the Indian Trade Marks Act, 1999, while ensuring alignment with international domain name policies and ICANN requirements.

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What is a Domain Name License Agreement?

The Domain Name License Agreement is essential in situations where an entity wishes to grant another party the right to use its domain name while retaining ownership. This document is particularly relevant in the Indian legal context, where it must comply with the Information Technology Act, 2000, and related cyber laws. The agreement typically includes detailed provisions for domain usage, technical specifications, maintenance responsibilities, and fee structures. It's commonly used in business arrangements such as franchising, brand licensing, or corporate restructuring where domain names need to be licensed rather than transferred. The agreement ensures protection of both parties' interests while maintaining compliance with Indian legal requirements and international domain name regulations.

What sections should be included in a Domain Name License Agreement?

1. Parties: Identification of the Licensor and Licensee with complete legal names and addresses

2. Background: Context of the agreement, including ownership of the domain name and purpose of the license

3. Definitions: Definitions of key terms used throughout the agreement including 'Domain Name', 'License Period', 'Permitted Use', etc.

4. Grant of License: Specific terms of the license grant, including scope, territory, and nature (exclusive/non-exclusive)

5. License Period: Duration of the license, including commencement date and termination date

6. License Fees: Payment terms, amounts, and schedule for license fees

7. Domain Name Use: Permitted and restricted uses of the domain name

8. Maintenance and Technical Requirements: Responsibilities for domain maintenance, hosting, and technical operations

9. Intellectual Property Rights: Acknowledgment of ownership and IP rights related to the domain name

10. Representations and Warranties: Standard warranties regarding domain ownership, right to license, and compliance with laws

11. Termination: Conditions and procedures for termination of the license

12. Post-Termination Obligations: Actions required after termination, including domain transfer or cessation of use

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

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

1. Sub-licensing Rights: Include when licensee is permitted to sub-license the domain name to third parties

2. Territory Restrictions: Include when use of the domain is restricted to specific geographic regions

3. Content Requirements: Include when specific content restrictions or requirements apply to the website

4. Revenue Sharing: Include when there is a revenue-sharing arrangement for website income

5. Security Requirements: Include when specific security protocols or certifications are required

6. Service Level Agreements: Include when uptime guarantees or performance metrics are part of the agreement

7. Domain Privacy Protection: Include when specific WHOIS privacy protection requirements apply

8. Analytics and Reporting: Include when licensee must provide regular traffic or performance reports

9. Competition Restrictions: Include when licensee is restricted from operating competing domains

What schedules should be included in a Domain Name License Agreement?

1. Schedule 1 - Domain Name Details: Technical details of the domain name including registration information, DNS settings, and hosting details

2. Schedule 2 - Fee Schedule: Detailed breakdown of license fees, payment schedules, and any variable fee components

3. Schedule 3 - Technical Specifications: Specific technical requirements for domain operation and maintenance

4. Schedule 4 - Permitted Use Guidelines: Detailed guidelines for acceptable domain and website usage

5. Appendix A - Contact Information: List of technical and administrative contacts for both parties

6. Appendix B - Transfer Procedures: Detailed procedures for domain transfer at termination or expiry

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

India

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

E-commerce

Digital Media

Retail

Financial Services

Healthcare

Education

Telecommunications

Professional Services

Manufacturing

Entertainment

Real Estate

Travel and Tourism

Non-profit Organizations

Government Services

Relevant Teams

Legal

Information Technology

Digital Operations

Compliance

Brand Management

Technical Operations

Intellectual Property

Digital Marketing

Business Development

Corporate Communications

Risk Management

E-commerce Operations

Relevant Roles

Legal Counsel

IT Director

Digital Operations Manager

Compliance Officer

Brand Manager

Chief Technology Officer

Domain Administrator

Intellectual Property Manager

Digital Marketing Director

Business Development Manager

Corporate Communications Manager

E-commerce Manager

Risk Manager

Technical Operations Director

Chief Digital Officer

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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