Justin Cooke

October 4, 2013

There are plenty of different ways to go about building niche sites. Many of the different paths share some commonalities (keyword research, content creation, etc.) while others are greatly different from each other. Which method is the best approach? More importantly…which way is best for YOU.

In episode 66, Joe and I sit down to compare some of the advantages and disadvantages with these different methods for building niche sites. We’ll be looking at Pat Flynn’s approach with both NSD 1.0 and NSD 2.0, discussing Spencer Haws’ method in building out niche websites, and our approach as laid out in our guide, “Building A Niche Site Empire”. We’ll also discuss the types of entrepreneurs that are in the best position to be taking each approach.

If you’re at all involved in building profitable websites online this is an episode that will likely interest you. I’ll cut to the punchline: All three methods have their merits and risks…the best entrepreneurs will blend all three of these approaches to find their own way, building sites that work best for them.

Check Out This Week’s Episode Here:

 

Direct Download – Right Click, Save As

Topics Discussed This Week Include:

  • Selecting a winner for the GetMeListedNow site giveaway!
  • Pat Flynn’s NSD – Chance to OWN the niche and build a nice barrier to entry, but can anyone build these types of sites? Who are these sites best for?
  • The Spencer Haws Approach – Scalable sites with various monetization methods, but are they Google-proof? Who should build these types of sites?
  • Empire Flippers Approach – Easy to build for someone just starting out and quick to the money, but can you really make long-term cash with this? Who should build these sites?
  • False assumptions and speculation from the peanut gallery

Mentions:

So…which approach is a better fit for you? Think we were spot-on with our assessments or were we out to lunch on this one? Let us know on Twitter or leave us a comment – we’d love to hear your thoughts here!



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Discussion

Leave a comment
  1. bobdak says:

    OK .. I am now famous … made the Empire Flippers podcast … Thanks Justin an Joe made my day … I am re-doing my resume to include my co-hosting talents on the Empire Flippers podcast!! JK … Disappointed I did not win the SEO website but Congratulations to Mark … hope that works out well for you .. hit me up Mark if you need a partner or help … I don’t know what J & J are doing but you guys are putting out some great podcast lately … this one is excellent … it’s one I will listen to 2 or 3 more times for sure…. thanks again guys … stay healthy – looking forward to next weeks episode …

  2. sebi 20 says:

    nice podcast guys. Cool infos. In fact, I am interested in buying the 300$ brokerage package from empire flippers but I disabled the adsense ads 2 weeks ago because I tried to sell the website on flippa. I can apply for the package right now, without the last 2 weeks of revenue?
    the revenue of the last 8 months is 157$ and from the last 60-30 is about 150$

    thanks !

    • It’s probably best you wait at least 60 days to apply, as the numbers will look funny and affect the asking price. It’s something we would have to explain and buyers might be turned off.

  3. Iain Robson says:

    Great episode.

    Loved how you guys broke it down based on different approaches.

    I totally agree with guys and what Pat Flynn is doing isn’t too feasible for a lot of people. It is definitely a full time job with what he is trying to do. It’s awesome but I think a lot of people were looking at what Pat did as not staying true to NSD 1.

    It’s his prerogative to do what he wants though right.

    I’ve tried Spencer’s strategy and it works for the most part. I feel that his process needs a bit more backlinking to be effective. Whereas your strategy works without any linkbuilding.

    Pat’s strategy is totally a natural link building strategy. Something like what Matthew Woodward does with his zero link building strategy.

    Loved this episode.

    • Glad you liked it!

      I think Spencer overdoes it on the link building and for good reason — he picks more competitive niches. With a good blog network in place and an expired domain, link building should be minimal.

      I would rather have a safe site at position 5 or 6 than a risky site at 1 or 2. Link building adds that risk. Perhaps that’s because I have so many sites though.

      • Iain Robson says:

        Yeah for sure. The size of the website and the competitiveness comes into play as well.

        Also, providing value by answering the question the person is asking is becoming more important now as well.

        I good mix of higher risk sites with lower ones would be ideal. You have to diversify your portfolio right. That’s obviously why Spencer and your guys also have software.

        Having all your eggs in one basket is never a good idea.

  4. abhi says:

    I have been following your blog since past 9-10 months. No doubt you publish great quality podcasts, but it would be better if you provide transcript of the podcast as well for the users having limited bandwidth or speed restriction. Myself have to wait for few days to download because of bandwidth constraints. I hope you take it as request.

    • Justin Cooke says:

      Sorry about that, Abhi. I’m in Cambodia right now with awfully slow internet and I definitely feel your pain! We have a number of transcripts that have been completed but not posted to the site yet. I’ll get on this in November when I get back and (hopefully) we can get caught up on the transcripts…

  5. David Miller says:

    Don’t know what to say about niche site anymore. I just read a material http://www.nlcacademy.net/seo/penguin-2-1-rolled-out-last-night-niche-sites-are-drowning/ that says Spencer was hit by the latest Penguin update. Any news from you guys? Are your sites still ranking well today?

    • Justin Cooke says:

      Hey David,

      Please keep in mind that Spencer’s site was extremely public and, some months ago, someone dumped links on his public site. It’s not terribly surprising that his site ended up taking a hit because of that. I’m sure Spencer will be out with an update in a few days. My guess is that he has plenty of (private) sites that are just fine.

      If you’re looking for reasons NOT to build niche sites, there are plenty of other examples besides this obscure blog article to keep you from getting started. AdSense/SEO is dead, too reliant on Google, etc…there are plenty of reasons from credible sources. If you’re looking for a process that’s 100% foolproof, please let me know when you find it! :-)

  6. Troy Swezey says:

    What is the opinion on purchasing content for a small to medium niche site? Joe / Justin mentioned Odesk but…
    I recently purchased several pages from someone I had previously worked with at Fiverr. This time his work was terrible so I hired someone else to write articles on the same KWs. I compared the text from the two ‘writers’ and they were practically the same, obviously spun, even though both claimed they would write original articles.
    How do you guys make sure you are going to get truly original content? I guess it would entail spending more than $5 for 500 words?

    • We use content editors. Our editors fine writers on iwriter.com, hirewriters.com, and fiverr.com. Then then check for spelling, grammar and originality. If the article does not pass the test we send it back and ask them to rewrite. If it just needs minor revisions, the editors make those directly and passes them on to be posted.

      So yes, $5 is an article cost that does not include the editor’s time.

      • Troy Swezey says:

        They FINE writers? Wow! Harsh.
        Just kidding Buddy.
        Right, I have found it worth my time to have to fix minor grammar issues or ‘fine’ vs ‘find’ by myself because that part is easy. (I can’t afford to hire content editors yet.) Actually composing 500 words is harder and takes a lot more time.
        I just worry about getting dinged by The Googles for have spun content from someone who said it was original and I did not catch it. :(
        PS- Thanks for the awesome podcasts and lessons.

      • civillibros says:

        how they test the spelling, gammar and originality?, maybe is spun content but pass 100% copyscape, what other tools you use to verify?

  7. civillibros says:

    in the next post, you could compare some SEO Services, like layered links, the hoth, group of fiver gigs, paid networking blogs like unique article wizard, submit my article, and let us know why you will buy it, with his budget:
    20$
    60$
    100$
    200$
    400$

    i need your opinion thanks, i mean for each type of site example for a path site you recommend this SEO package, for a spencer site this type of package, and for your micro niche sites you recomend only this, that would be very hepfull thanks

    • Interesting, but we have always said these SEO services are probably best left alone. You’re playing russian roulette with your sites, IMHO. Just a matter of time before Google catches up to you and dings the site. It’s just too risky long term especially because we sell the sites.

  8. Thoufeeq says:

    I think this is the right place to discuss about one of your sites sold in flippa auctions recently. https://flippa.com/2974952-637-last-30-days-13-6k-uniques-kitchen-niche-adsense-site-1-no-reserve

    I have a few questions:

    1. When I checked the site using site:domain.com in google, it shows 2000+ indexed pages. Is it due to the tags and categories being indexed as separate pages?

    2. Roughly how many pages of content in the site? or how much do you think is required to make this many page views per month, in this particular niche?

    3. What are the type of backlinks used? Links were built consistently till the auction? Total cost for backlinking alone?

    4. What about the images used in the site? Are they taken from google searches? If so, won’t there be any copyright issues?

    5. If I add 2 – 3 good quality pics in each post, would that cause me trouble in my shared hosting, as the size of the website becomes too high by the time i finish publishing some 150+ pages?

    I hope you would reply to my questions.

    Thanks in advance,

    • Well, I’m on vacation, so nothing like answering a multi part comment while I watch the sunset and drink a cocktail. ;-)

      1) Yes, they are’t all posts or pages. However this is the power of WordPress. Sometimes these tag and category pages can rank for long tails.

      2) Really I have no idea, several hundred posts for sure. And adding 3 new posts a week at minimum is required as spelled out in the auction.

      3) None. No off page SEO or back linking was done. Check the link profile in Open Site Explorer on Moz.com. This shows the power of good content.

      4) I think this was addressed in the auction, but here it is again “The images are found by searching the internet and using properties that do not have watermarks or other associated private message warnings. If the seller received a complaint (he never has) he would take down the image and replace with another.” and “I understand your concern and while you raise a valid point, we have used the exact same process to find images for over 3k sites we created in the last few years. We have never had an issue in using literally thousands of images. Please see our guide, blog, and overall process at EmpireFlippers.com for details. ”

      5) You would have to contact your hosting company about that. We don’t have those issues.

      • Thoufeeq says:

        Thanks a ton, Joseph.

        There’s nothing like getting a prompt reply from gurus. ;-)

        (And I am sorry that I failed to notice some points you have already addressed in the auction description.)

        So I hope i can continue the conversation right here, if I have any more valid questions any time in this particular topic. :)

        Thanks again!

  9. RJ Cid says:

    Great topic. I feel that many people get started and are sold into the level 3 type of online businesses the Pat Flynn type of niche sites. This is good if you have a lot of experience and want to share that with others, as well as putting yourself out there.

    I am currently working at learning how to do the NichePursuits’ knife type sites. They can be made with the same amount of energy as the tiny micro sites and you get more bang fro your buck – without having to put yourself outthere. Also, these level 2 type sites could probably do really well in flippa and its worth the time and effort.

    the micro sites also takes skill; processing, knowledgeable seo, basic site creation, optiizing for adsense. I tried this route and to be honest, its just not worth it unless its in bulk and that is – IMO – not going to produce enough within a relatively shorter time.

    I think that the most important would be the process and learning how to multiply the level 2 sites. I WANT to go down the “mmo” route as I can add value – but id rather kill it in an industry that lacks that similar business model and proper information site.

    I been redoing a ton of my sites to get up to the level 2 niche sites. mostly product review and one is a BIG one I could really use help with ::hint hint::

    In any event. You guys are with me everyday in the car, on my runs, and before i pass out, as I envision that day I can have my 10-15 level 2 sites an 1-3 leve 3 sites… =)

    • Glad we could help RJ and I agree the level 2 type sites are probably the best way to go. For newcomers don’t discount the valuable skills you can learn with micro niche sites though. It’s a cheap and easy way to get started.

    • Thoufeeq says:

      I agree with with you, RJ Cid.

      I am currently working on 2 level-2 sites (only home page content is published). But what I don’t like about this model is that its quite tough to get ranked for the chosen keywords since they are “buyer keywords” related to physical products , SERPs being dominated with ecommerce sites like amazon, target, etc,

      I keep in mind what Spencer published in one of his blog posts why he never go after ecommerce keywords, no matter how easy it seems. This makes me reconsider this business model.

      But again, his public niche site case study was about physical product reviews monetized with amazon associates. It confuses a lot sometimes.. :P

      • Guest says:

        wow, some really good points, RJ Cid.

        Glad to know that u too follow Tung Tran @cloudlivingjourney.com. :)

        I agree with what you said. As observed from my keyword research experience since a few months, “where to buy xyz”, “best portable xyz” are also being dominated by ecommerce sites.

        I tried some jewelry keywords, ridiculously long tail ones. (7 to 8 word phrase) finely targeted and has a lot of buyer intend; but when i search for it, its again those ecommerce sites ranking on top, with little to no slots available for wordpress made niche sites, even though the latter has the perfect on-page SEO setup.

        Anyways, it looks like its more about the amount of general content (lengthy articles) sprinkled with affiliate links thats gonna help rather than relying on “where to buy xyz” “xyz best price”, etc. But again, they may contain the least buyer intend, as the searcher has just started his research about the product. :)

        This is where i struggle a lot. :P

        About the expired domains for backlinking, no comments! I agree 100%

        Thank you very much for the reply…

        • Justin Cooke says:

          Tung Tran is a cool/sharp dude…I’m looking forward to meeting up with him next week in Bangkok!

        • RJ Cid says:

          Hey hey, great discussion here. Imma keep it going :::untz untz untz untz::: (my party sound)

          A few things I would like to dig into and see if this helps. 1. Trying some jewelery keywords sounds like some work, but minimal was done. If the proper keyword research is done, you should know what kind of niche that jewelry is in and how competitive it is. I am looking to enter harder niches (using longtailpro, these would be keywords with a KW competitive number above 40), and although that main keyword is tough – this only tells me what is going on in Google, but with further research I know I can compete because of the various platforms I can use to still get in front of audience. (Twitter, YOUTUBE, facebook, pinterest… ) Check out cool podcast about platforms here: http://www.internetbusinessmastery.com/ibm-206-build-social-media/

          2. Having great seo still can mean bunk depending on your niche competitiveness. As you can see, Justin and Joe like going for keywords where basic seo and a few low-haning backlinks can do the job and get traffic. But if you are in really competitive fields, aka jewelery, you have to set it up as a level 2. You may need to do something incredibly different and useful to get people to notice you.

          What I am thinking is, you can rank for almost, ALMOST any keyword. We gotta just take a universal approach and not rely on google rankings for our business to work. Here is a good podcast about the ecommerce jewelery business you may find value in: http://www.nichepursuits.com/podcast-15-building-a-niche-ecommerce-business-with-nathan-hartnett/

          3. If the outcome is worth it, be invested in the process. TWEET THAT lol. Its just a matter of time before you start getting traffic with your niche. Maybe 10 articles wont “cut it” but 20 will, in fact Spencer Haws has been saying he only buils sites with 20+ pages now. I am trying to answer as many questions I can find online about my niche and go to iwriter.com to have smoeone create a post about it. I still have not seen traffic spike, but, its grown from 50 to 100 in just 2 weeks and I am still in building mode.

          We all struggle!! I am spinning figuring out how to actually “get it right this time”. Traffic is there, but not sales/clicks. so its always a learning process and hopefully, :::hint hint::: a certain duo/podcast team/online entrepreneurs can take a few minutes of their time to help a brotha out…

          Lol, yeah, that was a long response, didnt see that comming! lol

          • Justin Cooke says:

            RJ Cid – I think you make a damn fine point here. The strength/competitiveness of the keyword and/or niche is going to somewhat determine whether it’s a level 1 site, level 2, level 3, etc. If I was targeting the keyword “weight loss” my wimpy level 1 site definitely won’t cut it! (I would argue that none of us here should be targeting a keyword that broad, but that’s beyond the scope of this comment, heh)

          • Thoufeeq says:

            Hey RJ Cid,

            I see some results after digging a bit deep. I got some really nice search phrases which I never thought of. These are long tail ones, still in the competitive niche, 0 searches, yet feels like worthy. I feel like “think of candle store” strategy definitely works :P

            And u r right again! Simply relying on google would tell u if the niche is competitive or not, but nothing beyond that. So setting up a level-2 site in this niche needs a lot more than lengthy content & table-press plugin :)

            Thanks

    • Justin Cooke says:

      Awesome, RJ Cid.

      I agree with you that the level 3 type sites aren’t for everyone. The level 2 sites seem to be a healthy balance and are in the repeatable/scalable zone that we look for. Glad you’re digging the podcast, man!

  10. Justin Cooke says:

    Hey, man…lots of love for ya! :-)

    Would love to have a chat with you on the show or a guest post in the future…maybe Nov/Dec when Joe and I are both back in Davao?

  11. RJ Cid says:

    Tung! Whats up man?! I am looking at your adjustableweights site as a guide for one of my sites. Well, its a mix of survival knife and your’s. Eitherway, I wish i was building sites 10 years ago at 19. Id probably would have had a better time in my 20s.

    In any event, really dig your stuff. I love that how to build your own blog network post you created, even bookmarked it and will be using it this weekend as I attempt to “start” the process.

    Hope all is well and enjoy Bangkok with these guys!

  12. Chicken Cast says:

    Great episode! I agree with your 3 classifications 100%. My problem is I have tried to do level 3’s in the first instance instead of mastering 2 or 1’s. Also, regarding level 3 sites and personality tie-ins; I have tried to emulate the Pat Flynn and Mark Mason examples, but it’s not me. That drains me! I would rather be the wizard behind the curtain!

  13. James Clark says:

    Thanks for the shoutout, Justin! Too bad I missed you in HCMC but I will see you in Bangkok at least :)

  14. Ryan says:

    I am taking place in the niche site dual. The aggressive approach to competition really forces the call to action most popular entrepreneurs ask of their audience, and or offer as advice. I suppose the key is to really sit-down and consider what you feel works best for you, but TAKE ACTION, no less!

    -Ryan

  15. Great episode. It really boiled down to quality vs quantity. And the conclusion was so true – it depends on what you’re fond of, although all options have flaws. To me, SEO would be the biggest consideration, as getting to the point where it doesn’t matter (most of yout traffic comes outside of Google) requires for you to first GET that traffic, most likely through Google. So while Pat’s approach may seem like a good way to not depend on SEO, it’s still what you’ll most often do when starting.

  16. Guys,
    I remember than in one of your podcast, possibly this one, you mentioned that content can be reused letting the Google cache expire, so that it appears as new.
    Or did I dream about it?!

    I’ve an old project with nice content but hit hard by Panda 2y ago. All the attempts to clean the backlink profile and improve the onpage optimization failed, so I’m thinking about abandon that domain and re-use the content on a new one.

    Is it doable and how long is the Google cache memory?

    Thanks!

    • Very doable. There are two ways to do this. Take down the old site and wait 3 months for the content to come out of the cache. You can verify the content is out with the “site:domain.com” command in Google. The other way is to 301 redirect your site to a new domain, but this could lead to the penalty carrying over to the new domain.

  17. This was a really informative discussion. It provides some great information as far as buying sites, selling sites, and by extension, developing sites that others will want to buy. Understanding the different types of niches sites gives you valuable insights into what results you can expect, and how much work you will need to put in to make it work.

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Seller Terms of Use Agreement

Effective Date: April 1st, 2016

Introduction

Welcome to Empire Flippers. We take the friction out of buying and selling websites.

This is our Seller’s Terms of Use Agreement (“Agreement”) and it contains important provisions regarding your use of this website, including provisions regarding your sale of a website, app, or other online business (“Asset”). You should review this Agreement carefully before deciding whether to list an Asset for sale through Empire Flippers. If you do not agree to the terms contained within this Agreement, you should not sell an Asset through Empire Flippers.

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BY AGREEING TO THIS AGREEMENT YOU ARE MAKING A FORMAL OFFER TO SELL AN ASSET “AS IS” AND WITHOUT ANY CONTINGENCIES EXCEPT AS OTHERWISE EXPRESSLY PROVIDED. ONLY AGREE TO THESE TERMS AND CONDITIONS IF YOU ARE WILLING AND ABLE TO COMPLETE THE SALE.

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The first step to listing an Asset for sale is paying a non-refundable listing fee (“Listing Fee”) to Broker. Upon your payment of the Listing Fee and submission of your Asset details, Broker will perform its review of your Asset. Broker, in its sole discretion, will approve or reject your Asset for listing on the Broker’s website and participation in the Services. Broker reserves the right to reject any Asset submission for any reason or no reason at all.

You are also agreeing to provide any ancillary services, including training, as detailed on the listing page of your Asset on Broker’s marketplace.

B. Eligibility. By using the Empire Flippers’ website or Services, you warrant and agree that you are either above the age of majority in your nation, state, province, territory, or city, or the age of eighteen (18), whichever is greater. You warrant that you are of sound mind, have the capacity to contract, and agree to the terms and conditions contained within this Agreement. If you are using the Services on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity and third party and have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.

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  • Seller has the full power and legal authority to execute this Agreement;
  • Seller has clear and unencumbered title to the Asset and all related assets to be sold through the Broker’ Marketplace, including all intellectual property rights;
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  • There are no bankruptcy or reorganization proceedings currently filed against Seller that would impede its ability to complete this Agreement;
  • To the best of Your knowledge, there is no lawsuit or pending charge against your Asset; and,
  • Seller makes no other express or implied warranties with respect to Seller.


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G. Migration Process & Inspection Period.
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  • Upon expiration of the Inspection Period, or if applicable the Broker’s determination regarding a Substantial Deviation, Broker will release eighty-five percent (85%) of the Purchase Price to Seller, which constitutes the Purchase Price minus Broker’s Commission (“Net Purchase Price”). Broker will retain the Commission.
  • The Parties agree to provide Broker all necessary information upon request to facilitate the Migration Process.


H. Default and Termination. Broker reserves the right to terminate the Migration Process at any point for any reason or no reason at all. If Broker terminates the sale, it agrees to return the Purchase Price to Buyer and the Asset to Seller.

I. Remedies for Material Breach. The Parties, including the Broker, understand and agree that monetary damages would not be a sufficient remedy for any breach of this Agreement and that, in addition to monetary damages and all other rights and remedies available at law or according to the terms of this Agreement, the non-breaching Party, including the Broker, shall be entitled to equitable relief, including injunctive relief, specific performance and/or the granting of an immediate restraining order or preliminary injunction (without posting bond) enjoining any such breach or reasonably anticipated breach as a remedy. Such equitable remedies shall not be the exclusive remedies available to the Parties, including the Broker, for breach of this Agreement, but shall be in addition to all other remedies available at law, equity or according to the terms of this Agreement. At all times, Broker retains complete discretion to cancel any sale and/or Migration Process.

J. Non-Compete Agreement. Seller agrees not to create or operate an Asset that would directly compete with the Asset for at least three years.

K. Indemnification of Buyer.
  • Seller agrees to indemnify Buyer from all liabilities arising out of Seller’s operation of the Asset prior to the Completed Migration;
  • Buyer has agreed to indemnify Seller from all liabilities arising out of Buyer’s operation of the Asset after the Completed Migration; and
  • The Parties agree to indemnify Broker from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys' fees, arising out of or related to this Agreement. The Parties’ obligation to defend Broker will not provide the Parties with the ability or right to control Broker’s defense, and Broker reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel.


L. Limitation of Liability

YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, AND TITLE. YOU AGREE THAT BROKER WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE EMPIRE FLIPPERS’ WEBSITE OR SERVICES OR OTHER DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT BROKER’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR SERVICES OR $1,000, WHICHEVER IS LESS.

M. Indemnification of Broker.

You agree to hold harmless, defend, and indemnify Broker from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys’ fees, arising out of or related to: (1) the use of the Empire Flippers’ Website; (2) the use of any Service; (3) the review and listing of your website for sale; (4) the violation of any term or condition of this Agreement; (5) the violation of the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (6) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. Your obligation to defend and indemnify Broker will not provide you with the ability or right to control Broker’s defense, and Broker reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel.

N. General Provisions.
  • Fair Market Value. The Parties each acknowledge the Purchase Price represents fair market value.
  • Costs. The Parties agree to pay their own costs and expenses incurred with respect to this Agreement.
  • Valid and Binding Agreement. This Agreement represents a binding legal obligation and is enforceable in accordance with its terms and is binding and shall inure to the benefit of each Parties’ respective heirs, legal representatives, successors, and assigns.
  • Confidentiality. The Parties agree to maintain complete confidentiality regarding this Agreement.
  • Waivers. A waiver by either Party to any provision of this Agreement does not constitute a waiver of any other provision of this Agreement.
  • Notices. Any notice to Broker required under this Agreement shall be in writing and shall be deemed properly given when emailed to XXX.
  • No Third-Party Beneficiaries. Except as otherwise provided, nothing in this Agreement will provide any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind. This Agreement is not a third-party beneficiary contract.
  • Sections and Headings. The sections and headings in this Agreement are for organization and clarification purposes only and should not be interpreted as part of this Agreement.
  • Choice of Laws and Venue. Parties and Broker agree that any and all claims arising out of or related to this Agreement brought by or against Broker, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the Kalamazoo County Circuit Court and pursuant to Michigan law. The Parties expressly consent to personal and subject matter jurisdiction in this forum. The prevailing party is entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for actions, disputes, or litigation arising out of or related to this Agreement.
  • Entire Agreement. Except as otherwise provided, this Agreement is the entire agreement between the Parties. This Agreement supersedes any prior written or oral agreement between the Parties.
  • Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
  • Amendments. This Agreement may be amended in writing if both Parties sign and date in writing.
  • Effective Date. The Effective Date of this Agreement is the date it is agreed to by Buyer.

Depositor Terms Of Use Agreement

Effective Date: April 1st, 2016

Introduction

Welcome to Empire Flippers. We take the friction out of buying and selling websites.

This is our Depositor’s Terms of Use Agreement (“Agreement”) and it contains important provisions regarding your use of this website, including provisions regarding your deposit of money in connection with a potential purchase of a website, app, or other online business (“Asset”). You should review this Agreement carefully before deciding whether to deposit money with Empire Flippers. If you do not agree to the terms contained within this Agreement, you should not deposit money or purchase an Asset through Empire Flippers.

This Agreement is being entered by and between you, the user, and Empire Flippers, LLC (“Broker”). Broker is the owner of an online marketplace for buying and selling websites (“Services”), which are provided subject to the terms of this Agreement. You are referred to as “You”, “Your”, or “Depositor”. Collectively, Depositor and Broker are referred to as the Parties.

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE OR SERVICES. WHEN YOU ACCEPT THESE TERMS, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE OR SERVICES. EMPIRE FLIPPERS RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN IT SOLE DISCRETION. IN THE EVENT EMPIRE FLIPPERS MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE WEBSITE OR SERVICES AFTER A CHANGE IN THE EFFECTIVE DATE CONSTITUTES YOUR ACQUIESCENCE TO AND ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT.

  1. Deposit Amount. You are agreeing to place on deposit with Broker the amount stated for the applicable listing (“Deposit”).
  2. Information. By making the Deposit with Broker, You will be given confidential information regarding the Asset, including but not limited to access to the URL (if applicable), detailed proof of earnings, and access to seller for questions.
  3. Confidentiality and Non-Disclosure.
    1. Depositor will be provided Confidential Information after making the Deposit. “Confidential Information” shall mean nonpublic proprietary information revealed by the providing party (whether in writing, orally or by any other means) to the Depositor including (a) information expressly marked or disclosed as confidential, (b) all forms and types of financial and/or business information, (c) any and all details relating to the Asset, including its URL, detailed sales and revenue details, and any other information related to the Asset.
    2. Confidential Information shall remain the property of the providing party and all applicable rights in patents, copyrights, trade secrets and similar intellectual property rights embodied in the Confidential Information shall remain in the providing party. The Depositor party agrees to treat all such Confidential Information as confidential and shall not disclose such Confidential Information to any third party; provided that the Depositor may disclose the Confidential Information to its Representatives (as defined below) who have a need to know such information in connection with the evaluation of the purchase of the Asset. The Depositor shall use at least the same degree of care to avoid disclosure of such Confidential Information as the Depositor uses with respect to its own confidential information of like importance.
    3. The Depositor shall not use Confidential Information for any purpose other than evaluation of the Asset for purchase and shall prohibit its agents, financial advisors, employees, officers and directors (collectively, “Representatives”) from using the Confidential Information for any purpose other than as specifically agreed upon by the parties hereto.
    4. This Agreement shall not apply to information that on the effective date of this Agreement has been or thereafter is: (a) developed by the receiving party independently of the providing party and not based upon or derived from information provided or delivered by the providing party to the receiving party; (b) rightfully obtained by the receiving party from a third party without restriction; or (c) publicly available other than through the receiving party in violation of the terms of this Agreement.
    5. In the event that the Depositor is required to disclose any Confidential Information, the Depositor will cooperate with the providing party and, when possible pursuant to statutory or regulatory authority, provide the providing party with prompt written notice so that the providing party may seek a protective order or waive compliance by the Depositor with the provisions of this Agreement.
    6. The Depositor acknowledges that the unauthorized disclosure of Confidential Information may cause irreparable injury to the providing party and that, in the event of a violation of any of the Depositor’s obligations hereunder, the providing party shall have no adequate remedy at law and shall therefore be entitled to seek enforcement of each such obligation by temporary or permanent injunctive relief without proving damages, and without prejudice to any other rights and remedies which may be available to the providing party at law or in equity.
  4. Right of First Refusal. If, at any time while Depositor’s Deposit is on account with Broker, the Seller associated with the listing connected to your Deposit receives a bona fide offer below list price from any party to purchase the Asset, Broker shall notify Depositor of the offer. If Depositor does not elect to match the offer in writing within twenty-four (24) hours, Seller may then sell the Asset to the first offeror, provided the sale is on the conditions specified in the offer sent to Depositor.
  5. Refund of Deposit. Depositor may request a refund of the Deposit at any time, for any reason, or no reason at all. Broker will refund the Deposit as soon as commercially possible.
  6. Deposit Not Used for Purchase. Should you choose to make a purchase of an Asset, your Deposit will be returned to you and will not be used as a potion of the Payment Price of the Asset.
  7. Wire Fees and Other Expenses. Broker does not charge Depositor any wire or transfer fees, however, certain fees and expenses may be charged by your financial institution and are solely your responsibility.
  8. Notices. All notices required under this Agreement shall be made to Broker at support@empireflippers.com.
  9. Choice of Laws and Venue. Parties and Depositor agree that any and all claims arising out of or related to this Agreement brought by or against Broker, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the Kalamazoo County Circuit Court and pursuant to Michigan law. The Parties expressly consent to personal and subject matter jurisdiction in this forum. The prevailing party is entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for actions, disputes, or litigation arising out of or related to this Agreement.
  10. Entire Agreement. Except as otherwise provided, this Agreement is the entire agreement between the Parties. This Agreement supersedes any prior written or oral agreement between the Parties.
  11. Effective Date. The Effective Date of this Agreement is the date Depositor consents to the same.