Settlement Agreement and Release

(Domain Name Dispute)

This Settlement Agreement and Release (“Agreement”) effective this __ day of ________, 20__, is hereby entered into by _________________________________________ (“Trademark Owner”) and ______________________________________ (“Domain Owner”). Trademark Owner and Domain Owner are also referred to collectively herein as “the Parties.”

RECITALS:

A. Domain Owner is the registrant of _______________________ (the “Domain Name”) which is registered through ___________________ (“Registrar”);

B. Trademark Owner has asserted that Domain Owner's use of the Domain Name infringes upon Trademark Owner's rights in the mark ___________________; and

C. the Parties desire to resolve all disagreements and disputes between them;

NOW THEREFORE, for and in consideration of the mutual covenants and promises contained in this Agreement, the Parties hereto agree as follows:

1. The Parties agree that the above Recitals are true and correct and are hereby incorporated into this Agreement.

2. Within ten (10) business days after execution of this Agreement by all Parties, Domain Owner will instruct Registrar to transfer ownership and control of the Domain Name to Trademark Owner and will prepare or execute any necessary documents or respond promptly to any e-mails necessary to complete the transfer. Trademark Owner’s contact information to effectuate the transfer is attached hereto as Exhibit A.

3. Except for the obligations set forth herein, the Parties hereby release each other from any and all claims, demands, damages, losses, liabilities, rights, or causes of action arising out of Domain Owner's registration, ownership or use of the Domain Name.

4. The Parties understand and agree that the execution of this Agreement does not constitute an admission of any violation of any law or breach of any legal duty.

5. No term or provision of this Agreement may be varied, changed, modified, waived, or terminated orally, but only by an instrument in writing and signed by both of the Parties.

6. The waiver by any Party of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other breach of such provision or of any other provision hereof, nor shall any failure to enforce any provision hereof operate as a waiver at such time or at any future time of such provision or of any other provision hereof.

7. In any lawsuit to enforce the terms of this Agreement, the prevailing party shall be entitled to recover his or its costs and expenses, including attorney’s fees.

8. Each Party warrants and represents that it has received independent legal advice from such Party’s attorneys with respect to the rights and obligations arising under this Agreement, and the advisability of entering into this Agreement.

9. This Agreement shall be governed by and construed in accordance with the internal, substantive law of the State of ___________, without regard to its choice of laws principles.

10. This Agreement may be executed and delivered in any number of counterparts, including counterpart signatures transmitted by facsimile.

Executed as of the date first above.

[Insert Name of Domain Owner]

By: ______________________________
Name: ______________________________
Title: __________________________

[Insert Name of Trademark Owner]

By: ______________________________
Name: ______________________________
Title: __________________________