Communer Terms and Conditions

I. Terms for Trademark Buyers

  1. These terms constitute an agreement between Communer II LLC, a New York limited liability company (“Communer”), and you, the person checking out a trademark and/or domain name in their online shopping cart at Communer.com. The sale and transfer/assignment of the trademark and/or domain name between the Buyer and the Seller will be known as “the Sale.”
  2. By checking out with a trademark in Buyer’s cart and paying the listed fee, Buyer is agreeing to purchase the trademark registration they’ve selected.
  3. If Buyer cancels their order by emailing Communer at info@communer.com and informing Communer that they wish to cancel their order within 30 minutes of checking out, Buyer is entitled to a refund of all they paid except for a 5% fee to cover approximate payment processing fees incurred by Communer.
  4. If Buyer cancels their order by emailing Communer at info@communer.com and informing Communer that they wish to cancel their order within 12 hours of checking out, Buyer is entitled to a refund of all they paid except for a 5% fee to cover approximate payment processing fees incurred by Communer and an additional 10% restocking fee, totaling 15% of the total purchase amount.
  5. If Buyer wishes to cancel Buyer’s order at any point after 12 hours have passed since checking out, Buyer is only entitled to a refund of 50% of the purchase price, plus a 2.5% payment processing fee to cover the approximate payment processing costs of the refunded portion. 
  6. Though Communer requires that the Seller inform Communer if the trademark is no longer for sale, Communer cannot guarantee that the trademark is available to the Buyer, particularly if the Seller violates its agreement with Communer. If for some reason Communer discovers that the Seller no longer owns the trademark at the time of the attempted purchase, Communer will refund the Buyer in full.
  7. Once Buyer initiates a purchase, Communer will hold onto Buyer’s funds until both Buyer and Seller have signed a trademark assignment agreement. Once this agreement is signed, Communer will disburse funds to the Seller, minus Communer’s fees. Once the trademark assignment agreement is signed by both sides, the Buyer is responsible for recording the assignment with the USPTO. 
  8. Communer is not responsible for any actions of the Seller or Buyer, or any problems that may arise with the Sale, the Sale being between Buyer and Seller, not between Buyer and Communer. Communer is not responsible for pursuing any remedies for either side of the Sale in the case that there is a problem with the trademark sale or transaction.
  9. Communer takes steps to verify that Seller owns the trademark and domain name involved in the Sale, but Communer does not guarantee that Seller is the true owner of the trademark and domain name involved in the Sale, especially if Seller deceives Communer.
  10. If for some reason, after the trademark assignment agreement is signed by both sides, it turns out that Seller or Buyer has deceived the other party in some way, or if the Seller or Buyer has any other issue with the Sale, this constitutes a dispute between Buyer and Seller directly that does not involve Communer.
  11. If a domain name is included in the Sale, Seller is responsible for transferring the domain name to Buyer.
  12. Communer will not issue any refunds because of issues involving the Sale after the assignment agreement has been signed by both sides.
  13. Any legal dispute between Buyer and Communer will be under the jurisdiction, forum, and venue of New York’s state and federal courts, located within Brooklyn or Manhattan (Communer’s choice) if possible. 
  14. These terms may be modified in the future. Buyer is responsible for saving a copy of the terms as they existed when Buyer engaged with Communer.

II. Terms for Trademark Sellers

  1. These terms constitute an agreement between Communer II LLC, a New York limited liability company (“Communer”), and you, the person listing a trademark on Communer.com (the “Seller”). The sale and transfer/assignment of the trademark and/or domain name between the Buyer and the Seller will be known as “the Sale.”
  2. If Seller lists Seller’s trademark on Communer, Seller’s listing is exclusive. That means Seller still has to pay Communer 25% of the listing price even if Seller sells Seller’s trademark outside of Communer, unless Seller removes Seller’s listing from Communer 60 days before Seller make the sale, by sending an email to info@communer.com informing Communer that Seller wishes to remove Seller’s listing.
  3. If Seller sells Seller’s listed trademark outside of Communer’s marketplace, Seller must notify Communer by emailing info@communer.com so that Communer can charge its 25% commission and remove the listing from Communer. Communer will charge Seller’s credit card kept on file unless Seller informs Communer that it wishes to pay by another method. 
  4. If Seller sells Seller’s listed trademark outside of Communer and fails to inform Communer before a Buyer attempts to purchase the trademark on Communer’s marketplace, Communer will not only charge Seller its 25% commission, but also an additional 10% fee to cover payment processing fees and the inconvenience caused to Communer.
  5. If Seller listed a trademark and domain name combination on Communer, and Seller sells or transfers Seller’s domain name (not trademark) elsewhere or lets it expire, Seller must let Communer know immediately by emailing info@communer.com so Communer can adjust Seller’s listing. Seller gives Communer permission to modify the listed price of the trademark to account for the loss of domain name without getting Seller’s approval of the new listed price.
  6. If Seller fails to notify Communer that Seller no longer owns the domain name Seller listed with Communer, and a Buyer attempts to buy the trademark/domain name combination, Seller will be responsible for any money Communer loses as a result of this omission of information. In this situation, Communer may have to offer the would-be Buyer a partial refund because of the lack of domain name availability. If that happens, Communer will still keep its 25% commission of the original listing price plus 5%  of the original listing price for approximate payment processing fee, even if Buyer ends up paying a reduced amount. Seller’s remaining payment will be reduced accordingly. If the Buyer cancels the transaction due to the lack of domain name availability, Seller will be responsible for a 5% approximate payment processing fee plus an additional 10% fee to cover the inconvenience caused to Communer.
  7. These terms may be modified in the future. Please refer back to this page in the future for modifications.
  8. Once Buyer initiates a purchase, Communer will hold onto Buyer’s funds until both Buyer and Seller have signed a trademark assignment agreement. Once this agreement is signed, Communer will disburse funds to the Seller, minus Communer’s fees. Once the trademark assignment agreement is signed by both sides, the Buyer is responsible for recording the assignment with the USPTO. 
  9. Communer is not responsible for any actions of the Seller or Buyer, or any problems that may arise with the Sale, the Sale being between Buyer and Seller, not between Buyer and Communer. Communer is not responsible for pursuing any remedies for either side of the Sale in the case that there is a problem with the Sale.
  10. If for some reason, after the trademark assignment agreement is signed by both sides, it turns out that Seller or Buyer has deceived the other party in some way, or if the Seller or Buyer has any other issue with the Sale, this constitutes a dispute between Buyer and Seller directly that does not involve Communer.
  11. Communer will not issue any refunds because of issues involving the Sale after the assignment agreement has been signed by both sides.
  12. If Seller sells a domain name on Communer’s marketplace, Seller is responsible for figuring out how to transfer Seller’s domain name to the Buyer.
  13. If Seller fails to pay Communer any of the fees owed to Communer, Communer will take legal action against seller to recover the fees. Seller agrees that if Communer prefers, Communer may seize Seller’s trademark registration(s) and/or domain name(s) instead of the owed fees.
  14. Any legal dispute between Seller and Communer will be under the jurisdiction, forum, and venue of New York’s state and federal courts, located within Brooklyn or Manhattan (Communer’s choice) if possible. 
  15. Please save a copy of these terms as they existed when you executed your purchase. These terms may be modified in the future for future sellers.
  16. These terms may be modified in the future. Seller is responsible for saving a copy of the terms as they existed when Seller engaged with Communer.