Internet Agreements for the Rest of Us

Bill CappsJeffer Mangels Butler & MarmaroMarch 8, 2001

Internet Agreements for the Rest of Us

Bill CappsJeffer Mangels Butler & MarmaroMarch 8, 2001

Usual Types of AgreementsUsual Types of Agreements content development of Web site hosting of Web site maintenance and enhancement of Web site transfer and sale of domain names Web site linking agreements marketing and sponsorship agreements fulfillment agreements associate agreements

Recurring Issues in All AgreementsRecurring Issues in All Agreements

Financial Wherewithal Damage and Liability Exclusions Company-Essential Software Projects

Special Issues with Specific AgreementsSpecial Issues with Specific Agreements

Content AgreementsContent Agreements

Broad rights Exclusive vs. nonexclusive Protection of database information “Spidering activities”

Website Development AgreementsWebsite Development Agreements

Interactive process: disclosure of trade secrets Exclusivity Delivery of services rather than commodity

Web Site HostingWeb Site Hosting

Reliability Reliability Reliability

Web Site Maintenance AgreementsWeb Site Maintenance Agreements

Negotiate during building of site

Domain Name Purchase and Sale AgreementsDomain Name Purchase and Sale Agreements

Litigation oriented Escrow concepts

Web Site Linking AgreementsWeb Site Linking Agreements

Complimentary sites Trademark licensing concerns Risk of liability? Audit requirements Ownership of developed information (e.g.

customer list)

Marketing and Sponsorship AgreementsMarketing and Sponsorship Agreements

Co-Branding example Transparency of content providers Allocation of liability, responsibility and

compensation

Fulfillment AgreementsFulfillment Agreements

Associate ProgramsAssociate Programs