Justin Cooke

December 15, 2011

We’ve had another killer month in November and now we’re (way) overdue for another income report! I’m really excited about what we were able to accomplish in November regarding our short-term projects, but some of our long-term projects became delayed, hit roadblocks, etc. I’ll get into what’s been going on, what we’re working on, and then right into the numbers. If you just can’t wait to hear how we did, our total for November, 2011 was $20,819.15. Not too bad, eh?

I’ve mentioned that our plan is to maintain a successful model and build around the brand, but haven’t really gone into specifics about what it is we’re planning to do. Part of that stems from the fact that I don’t want to be creating a ton of competition for ourselves, but it’s also because I wasn’t exactly sure which projects we’d be focusing on and devoting the most time to. Over the last few weeks we’ve been able to come up with an approach to our projects that, I think, will allow us to mention some of the things we’re working on as they’ve become more realistic and prioritized.

I’ll also mention that Joe and I took a trip to Singapore and Bali at the end of November and beginning of December. As you may know, I’m a huge fan of Derek Sivers and we were lucky enough to meet him and hang out for a few hours while in Singapore. We found him extremely intellegent, soft-spoken, and amazingly open about what he’s doing, where he’s going, etc. In Bali we were able to hang out and network with Ian and Dan from the LifestyleBusinessPodcast and TropicalMBA and and a host of others they network with including Cody McKibben from Thrilling Heroics for some great fun in the sun. These meetings prompted some pretty interesting thoughts and discussions which we’ll be discussing in our next podcast episode.

Projects:

Buy Our Sites Page:

We’ve spent 4K to get the BuyOurSites page where we want it to be and it’s slowly starting to take shape. Our developer’s currently working on the AdSense API and we’re really hoping to have that in place shortly, but some of the other things we’ll have for this include:

  1. Widget on the homepage
  2. Lightbox when you click the site giving you additional, detailed information and an option to send a deposit or buy it directly.
  3. Graphed history on the earnings/pageviews

We desperately need to get some decent sales copy up for this as well, including a FAQ to help head off any of the simple questions we currently get emails about.

WP Plugin:

We had a great idea for an AdSense plugin that would help save us a tremendous amount of time. As it stands, you’re not able to share bits of information in your AdSense account with others without sharing everything you have. Our plan is to build a plugin that allows the data from AdSense to be reported back into the plugin so that you can review, site by site, the available information. This would be incredibly helpful when it comes to having someone looking at the numbers and working on improving the sites individually, as well as allowing our agents to have access to that information. We also thought it would be useful to us and others to “dumb down” the creation of Ad Units and channels in the theme and automatically push that information to your AdSense account.

We looked around and couldn’t find anything exactly like it so we thought we’d build our own. Unfortunately, all of the features/functionality can’t be implemented due to AdSense API restrictions so it’s going to be extremely limited. At this point, we’re planning to get it developed and release it for free with WordPress.org. The idea will be to use it ourselves as it helps us and our particular needs and, hopefully, it will earn us some good will from others that can take the idea and build on it.

WP Theme:

We had (what I think were) some amazing ideas regarding a WP theme we were planning to build. Unfortunately, all of the features/functionality we’re looking to build simply can’t be done and so we’ve had to scale back the project a bit. Still, we’ve been less than happy with the some of the features in the current options out there like CTRTheme and ProSense and think we have some intimate knowledge and experience with these types of sites that would greatly improve on what’s been done previously. I’m a bit vague with this one regarding the details, but I can tell you that if we can get even part of what we’d like to do done with this project we’ll be REALLY excited about what it can do for our business.

Charity Project:

We’re partnering with our new friend Spencer from Niche Pursuits on a charity project that we’re hoping can do a lot of good. While this is a project that’s near and dear to my heart, I’ve kept putting it off as I know it’s going to be quite a bit of work. We’ve finally started to move on this and we’re hoping to get launched and get it off the ground early in the New Year and I’m excited because I know it has a chance to make a real difference.

AdSense Flippers Intern:

Speaking of making a difference, I’m extremely excited about the AdSense Flippers Intern Position as it has the chance to change someone’s life dramatically. We’re taking someone out of their country, having them fly out to the Philippines and setting them up with a live/work situation that will (hopefully) allow them to step into the live/work anywhere lifestyle and work with us directly on our projects and build their own business. This is a risky move by us, but after meeting some of the previous TropicalMBA alumni, we just knew we had to jump on it. We believe this model is game changing and we’re excited to expand the idea and concept outside of the TropicalMBA.

Alright…now on to the income details!

AdSense

With such few sales last month (October) we did see an increase to $3,813.02 in AdSense revenue this month, but if you look at the chart the income held pretty steady overall.

Our best day last month was at $155.60 and our worst day was $80.34…the only day under $100. With all of the site sales we had going on this month it was nice to see the income remain relatively consistent, although I can say we saw a slight drop-off in early December.

Flippa Sales

We did open up another Flippa auction for AdSense Flippers this month that ended up selling at the BuyItNow for $2,770.00. They’ve been making some changes over at Flippa recently. We used to send out a “welcome message” to any bidder on our auctions that just went over who we are, gave more detailed information about us and what they’re getting, etc. We thought it was a great way to build trust and to encourage more bids from the bidder, but Flippa has removed the option to message bidders now…ugh. While I agree there area a ton of people sending spam via their messaging system, it’s still a useful tool and it feels a bit like they’re throwing the baby out with the bathwater here.

Private Sales

We were able to do extremely well here this month with $12,701.56 in private sales revenue. The below screenshot doesn’t include all sales, but I’m including to give you an idea as to the frequency and volume we were selling at this month.

Because the AdSense API wasn’t set up, we ended up selling a few sites for LESS than they would have gone because their income had continued to increase. Rather than applying that additional expense to the buyer, we thought it best to let the buyers realize the additional value. This should be fixed in December and ready to go by January. We’ve held off on adding more sites to the page as we continue to build our stock and allowing our developer to get the API implemented.  As soon as this is done we’ll send out an email letting you know we’ve added the new sites so you can check them out.

Affiliate Sales

We really killed it with LongTailPro this month, bringing in $1,134.86 on its own. We’ve been using the tool without any problems and we’re pretty happy with how it’s working out, overall. We’ve had some recent questions as to how it compares to SECockpit. There’s a heavier monthly fee associated with the latter, but I’m assuming/hoping it makes up for it in richness? Do any of you have experience with both tools you’d like to share?

Summary

This was a GREAT month for us heading in to what we expect to be a pretty slow month for site sales. We’re taking December to really focus on building out some of the projects mentioned above. We’re planning to have a 1-2 day “retreat” sometime in December where we can go away for a short while, getting away from the noise so that we can review what we’ve done for the year and lay out our goals for 2012. We’ll be sure to share everything we come up with during that time and let you in on our gameplan for the new year.

Sites Created: 136 (85 last month)

AdSense Earnings: $3,813.02 ($2,862.50 last month)

Flippa Sales: $2,770.00 ($0.00 last month)

Private Sales: $12,701.56 ($6,195.68 last month)

Total Affiliate Sales: $1,534.57 ($552.58 last month)

  • LongTailPro: $1,134.86 with 33 sales and 2 refunds! ($140.44 last month)
  • SENuke X: $44.10 ($93.93 last month)
  • CTR Theme: $136.14 ($91.48 last month)
  • SubmitYourArticle: $48.17 ($48.97 last month)
  • BuildMyRank: $171.30 ($106.20 last month)

Total: $20,819.15 ($9,610.76 last month)



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Discussion

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  1. Dan says:

    Absolutely fantastic and inspiring stuff guys! I love reading the monthly round ups.

  2. Adam says:

    Awesome job, dude. Really interested in the charity project you’re planning on with Spencer. I think there’s an underserved niche of “giving” with most internet marketers. And I think that’s a shame. Making money online is great, but it’s not the end-all-be-all. Can’t wait to see what this project is and how it plays out!

  3. Alex Murphy says:

    Great job stacking the cash this month fellas. It’s exciting to see the amount of dough ya’ll are bringing in and gives me something to strive towards. Keep being an inspiration!

  4. Greg says:

    That is awesome. Congrats on a great month.

  5. Jerry says:

    Nice job fellas, I like your plugin idea but I look forward to seeing your theme even more. One thing I thought I’d mention to improve the post readability is to bold things you want to emphasize and have links underlined like they usually are. If others are like me they tried clicking regular text and might have passed right over your linked resources heh =P

  6. steve says:

    Hi Guys

    The website sales business is going really well.

    I dont think you mention this above if so i blame it on old age..

    Do you have firm plans for 2012 in terms of same size sites, or moving to build only medum/large sites?

    And related, what do think about haveing more pages and keeping the word count to say 350-400 with just one large page at the front of the site?

    Steve

    • JustinWCooke says:

      Hey Steve!

      We do plan on exploring more authoritative niche sites that more substantial content, but only in addition to and no in place of our current process. I’ve found it hard to simply “tweak” our current model and have it work, though…going to have to set it up from the ground up, I think. There’s a different mindset required for those sites….

      I’ve heard of others adding articles and keeping those articles on the front page, but we’ve never tried that approach (and don’t intend to, I think) Nothing wrong with it, I just don’t like the idea of all that dynamic content on the home page….just my preference.

  7. Adem Djemil says:

    That’s an amazing month and great to see the breakdown of where your profits came from. The plans for the future sound great and I’m lookind forward to seeing them in action.

  8. Congratulations on a high income earning month. I enjoy your blog and test a lot of the things that you and Spencer discuss. I’ve built about 60 Adsense sites in the past month and I’m going to keep going.

    I’m curious about your WP plugin. I actually had that question right now, as I have one of my sites of Flippa. I don’t use analytics so my only stats are from Adsense. I’m kind of nervous about what type of screenshots I’m providing on Flippa – Don’t want to violate their TOS.

    Either way, congrats on your sucess and I enjoy the content you guys deliver.

    • You really should use Google Analytics as your Flippa auctions will look more reliable with that info.

      As for AdSense TOS and screen shots the only thing you are allowed to publicly reveal is revenue and page views. Cover or blur everything else.

  9. Nice job buddy, good to see your work on the private sales side of things paying off ;)

    • JustinWCooke says:

      Thanks, man…appreciate it! We’re excited with how it’s coming along. I really think we can do better regarding answering questions there before they ask…that will come once API is up and running I think, heh.

  10. Great results boys. It is not easy to handle so many projects but it seems that you are really killing it. I wish you a very successful December and will be happy to read more of your great stuff. I have learned a lot from your blog.

    • JustinWCooke says:

      Awesome, John, thanks for the love! Please do let us know if there’s anything specific you’d like to see us write about, talk about, etc.

  11. Ben says:

    Well done guys, impressive numbers and well earned and deserved. Just a quick question. Looking at your ‘Buy Our Sites’ page it appears as though there may be an aversion from buyers towards purchasing ‘branded’ sites. (or perhaps I’m just seeing things)

    Do you think branded sites are more risky to potential buyers? If so, would you ever consider lower the purchase price multiplier from 20 times earnings? Or offer some kind of guarantee?

    (Asking as a potential buyer)

    • JustinWCooke says:

      Thanks, Ben!

      Some buyers do tend to stay away from branded sites/domains, but we’ve sold quite a few of them as well overall. (We’ve had buyers email us looking for a particular category and have sold sites to them on the side, not including those sold on the BuyOurSites page)

      Branded sites are only slightly more risky to us. With all of the sites we’ve created, we’ve been contacted less than 10 times. 2 of those instances resulted in us actually SELLING the site to them. A few more required us to take the site down…others contacted us once and never followed up again. I would also say that the majority of those contacts came in the first 30 days of creating the site…so any of the sites we have for sale have passed that period of time, making them less risky.

      While we think the risk is quite low (or else we wouldn’t create them) they are slightly more risky than a non-branded site, of course. Having a slightly lower multiple to pass on the savings to the buyer for more risks makes alot of sense. I think we might look to implement something like that…especially if the site doesn’t seem to be selling. Otherwise, we’ll just hang onto the site ourselves though, heh.

  12. Wesley Banks says:

    While I’m excited to see what you guys come up with in the Plugin/Theme department, it’s pretty awesome that you have a charity project in the works.

    Also, I prefer LTP over SECockpit. LTP definitely doesn’t have all the features of SECockpit, but I didn’t find all those additional features to be worth the cost.

    Congrats on another big month!

  13. dano says:

    BOOM indeed, very nice month guys, thats really quiet an ammount of sales you got there, somehow I thought most of your profit would come from Adsense itself.

    Let’s do some math, I beleive I read/heard somewhere that you guys own around 800 sites at the moment (I think it was the interview with Vic where it was mentioned), the Adsense income is around $4k,- so that makes $5/site/month.

    Now how much would you’ve made on Adsense/month if you didn’t sell any sites? Very curious for that number

    • Actually we’re up to about 1000 sites right now, but about 200 of those are still in various stages of the construction process and therefore are not earning at top level. Also, about 200 of those sites simply do not earn anything. So the AdSense income we talk about probably comes from 500-600 sites, with 30% of those sites really making the majority of the money.

      I agree – it would be interesting to see the AdSense numbers without site sales. However, it tough as many of the sites we sold off were good earning sites. How do we include those numbers?

      • dano says:

        A little math would do the job, you sell sites for 20months profits, but in the beginning a bit less perhpas, so take an average of 15 times profit. Take the complete ammount you sold for and divide it by 15 and add that to the adsense earnings and then you know how much you would have made if you didnt sell the sites, yeah its a rough estimate but I’m just curious as I would like to build my own network but then without selling sites (instead maintaining them/building them out).

        Say you sold 100 sites for $300 each, thats $30k / 15 = $2k/month adsense earnings.

  14. Neale says:

    Great to see you guys continuing in an upward direction, its a pretty amazing story.

    • JustinWCooke says:

      Thanks, Neale! There’s quite a bit more we’re looking to accomplish in the new year and hoping we can get to all of it…stay tuned!

  15. Julian says:

    Looks like you guys are really killing it with Adsense sites. Keep up the hard work, and you guys will eventually have your own castle on the hill!

    Anyway, It will be interesting to see what you guys have in store for 2012, I’m looking forward to seeing your guys become as successful as you possibly can be!

  16. Delash says:

    Guys it’s seams like you doing really well, although it’s sound’s like your are far from your potential, with that many of sites and your making just 5$ per site on average is very low when you take into account that you have enough experience, you must look inside, see what works, try to figure why it works, and duplicate it, repetition of the fundamentals will as you do will bring you to the next level, but 5$ per month is for beginners not for you!

  17. Dave says:

    Hi Guys, you should check out the Heatmap Theme as I think it is much better than the 2 themes you mentioned in many ways and especially when it comes to adding ads to your site.

  18. dano says:

    I have another question, since your working with BMR, these posts get on the homepage but relative quickly they move to an inner page and by time deeper and deeper away, So I was wondering how long do these sites keep ranking till you need to give it some extra blast, 3 months, 6 months? I noticed at one of my own sites that it started to drop relative quick after 3 months no linkbuilding and it costed me a lot of effort to get it back to page1 (was at top of page2, from position 4 on page1 before) now it’s back at position4 / page1.

    • JustinWCooke says:

      Hey Dano,

      Good point about the BMR posts moving off the site’s homepage. We have noticed that some of our sites in the 30-60 range have some fall-off, but it seems to be fairly random. As it’s just a part of our backlinking strategy, I think the strength of the other links as compared to the BMR links has something to do with it and whether there’s an up-down situation with the site. I wouldn’t go as far to say that this is the norm…but I have seen this with a couple of sites and was wondering the same thing.

      In general, we recommend building out the sites a bit more after purchase. Aside from the fact that it will help them rank better in the SERP’s, it will also help you to recoup the investment faster and improve ROI. If you can double the monthly income on the site with a bit more content and backlinks, you make back your investment inside the first year and it’s all profit from there, of course.

      • dano says:

        Now that I think of I think the biggest strenght comes from your relevant manual blog comments. I’ve seen quiet some increasement in the serps with a site that was hard to move using web2.0’s/articles etc, but once I added a couple of high relevant blogcomments where I really took the time to make an ontopic comment my site moved pretty darn fast. The downside is that it takes some time and is not always easy to outsource.

  19. Tung Tran says:

    Your amazing reports always inspire me! Thank Justing and Joseph. I’m building dozens of sites to create my own system then I will outsource everything to my VAs. Hmm, I’m still a newbie but I think you shouldn’t use only 2 themes for all your sites :D. I use Genesis Framework and all of its child theme and got a good resultsl.

    • I hear what you are saying about themes and we will be testing through that next year. For right now CTR Theme provides enough variation to keep me happy.

    • JustinWCooke says:

      No problem!

      I don’t disagree with using multiple sites…having different frameworks for your sites is definitely a good thing. I think that long term, that will work out better for you…

  20. Bori says:

    Hi, great month!

    I have my websites hosted at godaddy, with analytics I see that the loading time is around 5 seconds, sometimes even 6 or 7. Do you think this will effect both the serps and the CTR from visitors? Or is this a normal loading time, it looks like way to high to me.

    Did you guys ever considered moving to faster servers, I think this can effect the CTR in a positive way. Although I am not sure what a normal/good loading time would be.

    • Hi Bori, thanks for stopping in.

      I have been looking into load times of late and find that 5 is about average while anything under 8 is acceptable. Over that is when you start to lose visitors and therefore clicks. I got these numbers by looking at other mjor sites using a tool like Gtmetrix and comparing to my Google Analytics.

      As for a private server, you would need so many that it would get cost prohibitive eventually. Better to look at speedy shared hosting services like HostGator is you are really concerned with it.

      If you have problems with your GoDaddy shared hosting, call support and ask them to look into your servers resources. Sometime there are just a handful of users or sites using up most of the resources and they can be kicked to a new server.

    • Dboland1 says:

      Bori, I Was using Godaddy, (I’m in Australia), the load times were shocking. They have a problem in with there asian servers. I ended up moving to Hostgator, they have a fractionof the load times.

      • I would agree the GoDaddy Asian servers are not great. However EU and US servers do well especially with visitors from those respective areas.

        We will be trying HostGator this month, so stay tuned for details.

  21. Christopher Rice says:

    Nice work guys!

  22. Justin says:

    Hi Justin,
    I love reading income reports for successful blogs. It sure does motivate me to do better with my blog.

  23. Kent Chow says:

    SECockpit is running free 7-day trial that I may give a shot next week. I have been using LTP and love it.

    Your 4K Adsense income is very impressive. I have been following along and hope I could hit 1K a month in the near future. Definitely, flipping is way to go. Make some profit and reinvest.

    I prefer building authority sites as I could focus on a few only, but will try to build mini-sites with outsourcing and see how things would go.

    Again, thanks for all the great info. I love you guys Podcast as 2-man talk show is very dynamic and full of energy.

    • JustinWCooke says:

      Definitely let us know how it works out! Yes, we think the 2-man podcast is a pretty strong format…thanks for the love!

  24. pauls_pad2002 says:

    hey guys great work for November and i have a question.

    i have 6 sites none are domain matched, im not ranking too well so buying long tail pro is a big option i have although im on about page 10 and 4 with a few keywords.

    basically my question is about host-gator actually with my plan. im paying about 13 usd a month for the business plan and im wondering if im paying to much. i plan to have about another 20 odd sites so how would that affect me if i was to downsize to the 7.95 plan which is one down. im not tech savvy so wondering if this will be a big move i have all my sites with wordpress. is there much of a change to swapping plans

    • The key thing will be the features. With such small sites I wouldn’t worry too much about space or bandwidth, but if you lose the ability to do add-on domains that would be an issue. Otherwise I say go for it, as saving costs on the already slim margins in this business is super important.

  25. pauls_pad2002 says:

    i see cheers for the comment but can you tell me what kind of expenses you guys have in setting up hosting and new sites is it just the domain name and the hosting. do you get a certain account to do so many domains on it.

  26. StudentsIdea says:

    great stats of earning…
    i have a blog on blogger which gets 100k pageviews each month, can i sale that ?? by using admin revoke option…

    • That’s a lot of traffic, but usually it’s all about revenue. Do you have any way of monetizing that traffic at the moment?

      • StudentsIdea says:

        Am using Adsense alone for it,and making avg of 80-90$ a month,maximum was 220$ and minimium is 75$…
        But it is blogger blog,so if i want to sell it ,how much can i get for ?

        • It doesn’t matter that it is a blog. If it makes that much and you can prove it you will make 10-12 times monthly revenue on Flippa.

          • StudentsIdea says:

            Thanks for the reply..If you dont mind ,can you guide me or suggest me,how can i sell blog that runs on Google’s Blogger platform.

            as flippa prefers only TLD ,where can i find people for buying Blogger blogs..

          • JustinWCooke says:

            It DOES matter that it’s a blogger.com domain. Sorry, can’t help you there…Google search?

          • StudentsIdea says:

            hmm..let me search for it…but can i sale a domain on flippa,i’ve tried this already but dont know how to verify the domain ownership on my cpanel…since i’m a newbie….

          • JustinWCooke says:

            Yes, you can sell domains…but you have to verify ownership first.

          • You can just register a domain and 301 redirect to the blogger site. Then you could still verify ownership through a file upload.

  27. Ed says:

    Hi Joseph and Justin,
    You guys have truly mastered micro niche adsense sites and selling them for more profit at flippa. Congrats on your longcomings and all the best. Do you mind what backlinking strategy are you using to get these sites ranked?

  28. Marcos Reina says:

    Hi guys, thanks for sharing this info. It is very interesting to know how your business runs from an economic point of view. Not every body is willing to share this info. I’ve been reading your blog for about two months and I found it awesome.
    I am into the adsense model but spanish based. Hope you the best and contact me if you need anything.
    By the way, I’ve been using Hostgator for a long time and have no complain at all. Sure you can find a cheaper option but they have the best reliance, performance and customer service I know.

    • JustinWCooke says:

      Awesome, Marcos, thanks for stopping by!

      I’ve always wondered how niche site publishing would work in other languages. I’m guessing you’re able to target much more aggressive search terms? You’d probably have to as there wouldn’t be as many advertisers going after the REALLY long tail phrases, right?

      Still…I know that the advertising community has been hitting Spanish speakers pretty hard the last couple of years as they’re starting to get that it’s a great demographic to target. Will be interesting to see how that plays out in the next few years as the economy continues to recover.

      • Marcos Reina says:

        Hi Justin,

        I wonder the same thing about Chinese market! it just keeps growing and growing. I´d love to know their language!
        I think the Spanish market has been emerging very fast and still has a long way to go. (note: Amazon has opened to the Spain community and soon opening in some south america countries, -that’s a giant there and a big opportunity for all of us too-). Yes I can still find very good niches with high competition and fair amount of searches. The Spanish market isn´t as saturated as the English (although is true English traffic is huge). If I had not taken advantage of it already is because its been so recently that I figured how important is to be able to create your own system and scale it.
        I have plans for this 2012 and is going to be huge! For all of us I am sure!
        My question is… how do you make time to answer all comments? I would found it extremely difficult if I were in your shoes. You already share so much about your business when publishing in your blog.
        Wish the best for you

        • JustinWCooke says:

          Yeah…wish I knew Mandarin as well!

          Not always easy to reply to comments, but we do our best to be as helpful as possible. If we can’t or don’t have the time we simply wouldn’t do it…but it is important to us so we do try to make the time to get it done, heh.

          Definitely looking forward to 2012! Just had our first meeting with the year with the team to talk about some of the goals and projects tonight…fun stuff.

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THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE OR SERVICES. WHEN YOU LIST YOUR ASSET FOR SALE, 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. BROKER RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION. IN THE EVENT BROKER 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.

A. Offer to Sell and Purchase Price. You have made an offer to sell an Asset through your decision to list the Asset for sale though Broker’s Services.

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.

C. Seller Warranties. Seller warrants that:

  • 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;
  • Seller has not placed the Asset to be sold subject to a mortgage, pledge, lien, or encumbrance, except for those taxes which shall be prorated as of the date of the Completed Migration;
  • 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.


D. Exclusive Listing. Once your Asset is listed on the Broker’ Marketplace, you agree this is an exclusive listing for a period of six months (“Listing Term”). Specifically, you agree that Broker is the exclusive permissible method to sell your Asset during the Listing Term. You may not, directly or indirectly, list, solicit offers, or attempt to sell your Asset using any other service, person, or agent for the duration of the Listing Term. If you violate this provision, you agree to pay Broker a commission of fifteen percent (15%) of the total sale price of your Asset to Broker, plus any costs and attorney fees Broker incurs in connection with enforcing this Agreement.

E. Maintenance of the Business During the Listing Period. During the Listing Period, you agree to maintain your Asset as it was prior to the Listing Period, to the best of your ability. This includes, but is not limited to, maintaining third-party links on the Asset to be sold and other websites and any marketing, advertising, or other referral source, if applicable. During the Listing Period, you also agree to maintain accurate and up-to-date business records and to provide the same to Broker upon request.

F. Sale Terms. If Broker, in its sole and absolute discretion, approves your Asset for listing in the Broker’s marketplace, Broker will suggest a listing price. Once you agree to that listing price, as evidenced by the listing of your Asset at that price on Broker’s marketplace, you are obligated to accept full listing price offers from Buyers. To be clear, by agreeing to this Agreement, you are deemed to have accepted any full listing price offers on your Asset. Any written confirmation of your acceptance of the listing price, while not required, is incorporated into this Agreement.

G. Migration Process & Inspection Period.
  • Subsequent to Buyer’s acceptance of Buyer’s Terms of Use Agreement, which is incorporated into this Agreement in whole, and payment of the Purchase Price to Broker, the process to transfer the Asset to the Buyer begins (“Migration Process”). The Parties understand and agree that the Migration Process typically takes 2 - 4 weeks to complete, but could take substantially longer. The Parties acknowledge and agree that Broker cannot guarantee a specific timeframe for the Migration Process.
  • The Migration Process is completed when the Buyer confirms sole control and ownership of the Asset or when Broker has confirmed, in its sole and absolute discretion, that Buyer is in control and has ownership of the Asset (“Completed Migration”).
  • Buyer shall have a period of fourteen (14) days from the Date of the Completed Migration to fully inspect the operation of the Asset (“Inspection Period”) upon the following terms and conditions:
    • During the Inspection Period, Buyer shall have the opportunity to confirm the Asset’s Post-Migration Monthly Net Revenue is consistent with the Asset’s Average Monthly Net Revenue.
    • Post-Migration Monthly Net Revenue is defined as the Assets’ monthly gross revenue after the Completed Migration less normal and customary expenses associated with the historical operation of the Asset as provided in the Average Monthly Net Revenue.
    • Average Monthly Net Revenue is defined as the most current information regarding the Asset’s average monthly net revenue made available on the Broker’s website.
    • Buyer shall have the right to request termination of this Agreement to cancel the sale and obtain a refund of the Purchase Price if the Post-Migration Monthly Net Revenue is less than seventy-five percent (75%) of the Average Monthly Net Revenue during the Inspection Period (“Substantive Deviation”). If the Post-Migration Monthly Net Revenue is seventy-five percent (75%) or more of the Average Monthly Net Revenue, Buyer shall have no right to request to terminate or cancel this Agreement.
    • To enforce his ability to request termination of this Agreement based on a Substantial Deviation, Buyer must 1) notify Broker in writing of his request to terminate this Agreement within the Inspection Period at support@empireflippers.com or the Zendesk ticket already being used and 2) provide evidence of the Substantial Deviation and Post-Migration Monthly Net Revenue through screenshots or providing Broker access to the Asset.
    • If Buyer requests termination of this Agreement consistent with the provisions above, Broker will conduct an investigation into the matter. The Parties agree and understand this investigation could take 2-4 weeks to complete or longer depending on the circumstances (“Broker’s Investigation Period”). Broker may require additional information from the Parties to conduct its investigation and the Parties agree to reasonably comply with such requests.
    • If Broker confirms the presence of a Substantial Deviation, Broker will cancel the sale, the Asset will be returned to Seller and the Purchase Price will be returned to Buyer. The Parties agree to cooperate to complete these actions.
    • If Broker confirms no Substantive Deviation exists, the sale will close as contemplated consistent with paragraph 7, iv.
    • Broker retains full and sole authority to determine the presence or absence of a Substantial Deviation.
    • If Buyer fails to provide written notification of his request to terminate this Agreement within the Inspection Period, Buyer is deemed to have freely and voluntarily waived any and all contingences in connection with his purchase of the Asset, including any discrepancies, fluctuations, or changes in the performance of the Asset and specifically its gross revenue, net revenue, expenses, traffic, and other metrics of performance, including any discrepancies, fluctuations, or changes in the performance of the Asset during the Migration Process or during the Inspection Period.
    • The Parties are free to waive the Inspection Period and close the sale consistent with paragraph 7, iv at any time.
  • 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.