Justin Cooke

July 25, 2013

Marketing Apprentice PhilippinesWe’re hiring! Want to move to a tropical island and work on cool shit while we sip tropical drinks and talk business strategy? This might be the position for you!

We are offering you the opportunity we wished we’d had when we started: a chance to live in an exotic location, work on sweet projects, and learn skills that will fast-track your online opportunities.

Already know you want to apply? Click here for the application

Update 9/1/13: The application period has passed. Check here for more information about how to become an Apprentice for others!

Make sure to sign up for our email list to hear about more opportunities like this!

What’s The Opportunity?

This is a full-time position working with us as a Marketing Apprentice here in the Philippines.

While the initial contract is only for 5-6 months, we’re really looking for someone who can take charge and run profitable sections of our business long-term.

Ideally, you’ll transition from Apprentice to Team Member as you take on additional responsibilities. Someone who will stay on through 2014/2015 and beyond. Eventually, this role could turn into a Location Independent position, allowing you to work from wherever you’d like.

What’s Your Story?

We (Justin Cooke and Joe Magnotti) run our business (Empire Flippers) from Davao City, Philippines. You can read more about our story here or listen to our podcast about it here.

Joe and I moved to the Philippines in 2008/2009 to run our outsourcing company. We eventually created our first “online” business through AdSense Flippers, where we detailed our journey in creating profitable niche sites and selling them to customers.

In early 2013, we decided to merge both our outsourcing company and our online marketing/publishing company under one brand (Empire Flippers). We added a Marketplace and more Products & Services to better serve our customers and to expand our business/brand.

We have a ton of new projects in store for 2013/2014 and we’re looking for someone who will help us accomplish those goals.

What’s The Work Like?

You’re going to be creating, editing, and publishing content. You’ll be writing guest posts, responding in forums, joining us on our podcast, etc. We’re looking to significantly ramp up our content output as we head into 2014 and you’re going to share a large part of that. You’ll also be doing some of the less-than-glamorous work of publishing our blog posts and podcast episodes.

You’re going to help us organize projects with partners, affiliates, and our audience. Many of the things we’re looking to accomplish in 2014 will require cooperation and organization with many different people and we’re looking to you to keep everyone informed and to keep the projects organized and on track.

You’re going to be reaching out to a ton of people. It would help if you already know others in our industry, but if you don’t, you love the thrill of cold calling/emailing and contacting folks to make some serious connections, right? We’re going to be looking for opportunities to be interviewed on podcasts, write guest posts, pre-interview guests for the Empire Flippers Podcast, and make connections for both us and our audience.

You’re going to be writing some sales copy. It doesn’t have to be “Gary Halbert good“, but strong enough to clearly explain the benefits and provide call-to-actions in a non-spammy, helpful way. We’re not a WSO factory and we’re not pumping out ebooks right and left. We want you to be able to help add copy for new products or tools we’re coming out with.

You’re going to help strengthen the Empire Flippers community. How can we better support our readers and listeners? How can we help them with their businesses? Eliciting feedback and helping us act on the decisions that come from that feedback will be critical to our growth. We have an amazing community here…how can we better support that community?

What’s The Living Situation?

You will be living with Justin in a large house and a gated community in Davao City, Philippines. (The third largest city in the country) You’ll have your own furnished room (120 square feet or so) with private bathroom, AC, etc. Almost everything’s included…check it out: Living Situation For Apprentice

 

  • Laundry service twice a week – (Seriously…freshly folded/hung laundry in your closet…you don’t have to do anything)
  • No rent or house bills to pay (Electricity, water, bottled water, cable, 2 DSL connections, trash, etc.)
  • Maid service – (We have maid service at the house, 6 days a week, 12 hours a day. It’s amazingly clean…I don’t know how we could do without after having this so long!)
  • Food – Included (We have a maid that learned how to cook from the best French restaurant in town. Chicken Cordon Bleu? Check. Delicious protein shakes with fresh fruit in the morning? Check.)
  • Know your way around from Day 1 – One of the frustrating things about moving somewhere completely different than you’re used to is knowing where to “find” things. (Best coffee shops with internet, top nightlife spots, repair services, etc.) We’ve got that completely covered in Davao.
  • Mentorship – You’ll be living and working closely with me as we continue to expand our brand and marketing efforts. You’ll get a behind-the-scenes look at a profitable, growing business and have direct access to us, our contacts, etc.
  • You will have to pay for SOME stuff – Nights on the town, cell phone, personal items, etc.

Love It…Now What’s The Catch?

Empire Flippers MastermindThis isn’t a charity, of course…our goal will be to pull massive amounts of value from you for CHEAP while we integrate you into our business and allow you to prove your hustle. Ultimately, you’ll be living/working with us and will know everything about our business…that’s quite a bit of trust we’re putting in you and we want to be brutally honest about what you’re getting into from the beginning.

We do ask you to be here with us in Davao the first 5-6 months. While the goal is to turn this into a more permanent, location-independent position, we know that working together closely will help you to become intimately familiar with our business and help us find areas of opportunity. We want the type of person who will ask, “What do we need to do to make this relationship continue because I’m digging it and I’m really F#%$ing good at the work!”

It’s gonna be hard work. Ok, maybe you’re not going to be digging ditches or moving heavy furniture all day, but some of the work will seriously deplete your brain power. (strategy sessions, late-night whiteboarding, etc). Some of it will be boring. (Finding the right WP themes, editing/publishing content, etc). Some of it may be uncomfortable. (reaching out to people you don’t know, pushing the boundaries on your skill sets, etc).

We’re going to need your full attention. This shouldn’t be a side-project for you…we’re looking for someone that wants to create a permanent, valuable position on our team. This isn’t an extended vacation or a gap-year getaway, we want someone with a “commitment to the hustle” and savvy enough to realize the opportunity and growth potential you’ll have with us.

You’re not gonna make a ton of cash to start. The good news is that most of your living expenses here are paid and it is super cheap to live in SE Asia. You’ll make 40K Php per month which is plenty to live a comfortable life here in Davao and sock enough away to take a couple of trips while you’re here. Want to make more? Find a position where you’re adding so much value to our team that we can’t afford to lose you!

Sounds Sweet…What Skills Do I Need?

We’re looking for a connector. Someone who innately understands that the value of deal making is not in using it as a sales tactic, but as an opportunity to expand the pie. We want you to share our vision in obsessively promoting and supporting entrepreneurial site creators, buyers, and sellers in building their online empires. We’re looking for someone who creates content that stirs people and moves them to take action.

Requirements:

Get Shit DoneYou get shit done. There’s a time for strategic thinking, getting things right, and split-testing…but that shouldn’t keep you from knocking out the work. It’s rare that inaction is the better move. You know how to pick a direction and get moving!

You gotta be published. A blog…a guest post…a podcast interview…something. We want to get a feel for your style and message and the best way to do that is to see what you’ve created so far.

You’re cool on social media. You goof around a bit, maybe, but you understand the value platforms like Twitter and Facebook provide and use it to regularly reach out to those that inspire, need help, or are looking to connect with you.

You’re an opportunist. And I mean that in the best possible sense. This isn’t some large, well-oiled corporation you’re stepping into. Joe and I screw shit up all the time and miss out on a ton of opportunities we don’t see. We want you to be willing and able to spot areas of opportunity and step into that pitch with a swing for the fences.

You share our values. Ok, I’m sure we’ll all disagree on a host of issues…but we’d like to know that you understand where we’re coming from and the way we like to do business. Some of the questions on the application are designed to see that you know where we’re coming from and to ensure we’re a good fit philosophically.

You’re not afraid to speak up and make your case. We want someone that can bring their own ideas to the table. We may not always roll out the idea you’re presenting, but we’re looking for a true team member…someone with perspective. Click here to apply now!

Anything Else?

Obviously we want people that are open to travel, remote work situations, etc, but we’re not looking for gap-year, backpacking hippies that just want to goof off for several months. We want hungry, eye-on-the-prize hustlers that are serious about changing their lives and building businesses. You’ll be running projects not tasks…so we need those that can take initiative and get shit done. Empire Flippers Beach Trip We don’t want to oversell this…it is an amazing opportunity, but we’re really looking for a good fit over anything else. Don’t think you’re qualified? You might be surprised…go ahead and apply…we’ll be reviewing EVERY application and we know others that are looking to provide a similar opportunity as well, so you might be a good fit for them!

How Do I Apply?

Here’s What You Need:

      • Links to your best pieces of published content
      • Blogs you’re currently working with or run
      • 3-5 minute YouTube video explaining who you and and why you’re a good fit for this position (Doesn’t have to be publicly available…just send us the link)

Step 1: Record a YT video, gather the answers to your questions, and submit the application (Deadline: August 31st)

Step 2: Review submissions and schedule interview (Late Aug / Early Sep)

Step 3: Second interview and final decision (Early September)

Step 4: Apprentice announcement (Mid-Late September)

Step 5: Arrive in the Philippines (First week of November)

If you’re thinking about applying but worried you might not have enough (insert skillset here) – don’t worry…you’re better than you think you are! Apply Here (Deadline has passed)

Whether this position is a good fit right now or not, I’d love to get to know you a little better and know there will be plenty of opportunities for us to work together in the future. We’re in regular contact with some of our previous applicants and have even worked with a few of them on some projects together!

We look forward to working with YOU soon! Want to hear about more opportunities like this? Sign up for our email list!

Not applying but still want to help? Please share this opportunity on Twitter, Facebook, or email with anyone you know that might be a good fit!

“Check out this awesome apprenticeship in the Philippines with the @empireflippers!”Click To Tweet!



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Discussion

Leave a comment
  1. Good luck to ALL the applicants, a great opportunity!

    • Justin Cooke says:

      Thanks, Damian.

      I’m really excited and motivated to get someone out here and get the wheels in motion. I think there’s quite a bit of awesome we’re going to be able to create here…looking forward to it!

  2. Damn, guys, that’s a really great opportunity. If I were any less attached to Melbourne…

    • Justin Cooke says:

      Thanks for the support, Ophelie!

      Maybe a guest post on the value of apprenticeships would be a good idea, eh? Going to work on something along those lines and get to you next week (hopefully). :-)

      • You should talk to Ned Dwyer and the guys at Tweaky about the value of apprenticeship — they found their awesome marketing guy by advertising for a Founder’s Apprentice.

  3. Dan says:

    HELLS YEAH. I would totally do this if the bossman would let me! :) Best of luck to all the candidates, game changer for sure.

    • Justin Cooke says:

      You don’t need no cat furniture…come join us! Ah, nevermind…I’m sure we’ll get you down here to hang out and talk some biznass anyway. :-)

  4. John Fuller says:

    I’m a web developer living in the Philippines. In that house, with those things provided, $1000 / month is huge. You would live very well with that. This is the perfect way to check out the Philippines because having that gig would keep you out of trouble. ;) Of course, having to work full time gives you less time to play, which means that $1K goes even further. I would bet this person would be able to save more money than most in the U.S. Sounds like a great opportunity.

    • Justin Cooke says:

      Thanks for the support, John!

      Yeah, I think the guy/gal we end up picking will do just fine here and have plenty of cash. Most everything will be taken care of so it’s really just cash for play, personal items, VISA, etc. Where in the Philippines are you?

  5. I’m getting married in November this year, if it wasn’t for that “minor” detail I’d be filling the application form already. An amazing opportunity indeed, good luck guys! ;-)

    • Justin Cooke says:

      What…you’re not going to let a little thing like a wedding and a new marriage stop you, right? :-)

      Thanks for the support, man…appreciate it!

  6. Very cool #balla op. best of luck finding a kill person. And you have a great place to live there Justin

    Awesome

    • Justin Cooke says:

      Thanks, Steve!

      Looking forward to getting this ball rolling. We’ve got some cool stuff down the pipeline and I can’t wait to knock it out of the park!

  7. Rick says:

    Now I am really wishing I published to a blog or another media platform! Sounds like an awesome opportunity, sure beats busting my brains doing help desk for a bunch of attorneys! :)

    • Justin Cooke says:

      Thanks, Rick!

      Go start a blog, publish some content, and we’ll call it a day! :-) Help desk at an attorney’s office…ugh…I’m feeling your pain! hehe

      • Rick says:

        If only, that whole family of five with a mortgage really cuts into those once in a lifetime opportunities. If it weren’t for that, I’d be booking a flight to bang on your door, “Hey, let me start now, these attorneys are killing me!!” :)

      • Rick says:

        Hey Justin, is there any room for negotiations on the monthly start? I’d love to apply, and obviously there’s going to be a lot of competition, but I’d need to send money back home for the wide and kiddies. No point in shooting for it if I can’t make the jump. I’ll have to save up the reserves for the next opportunity.

  8. Guest says:

    I have been in that house, that’s a friggin awesome opportunity. I have seen you guys in action, someone should be paying you to work there. Good luck to everyone..

  9. darren says:

    I have been in that house, that’s a friggin awesome opportunity. I have
    seen you guys in action, someone should be paying you to work there.
    Good luck to everyone..

  10. Jenny Kellett says:

    Amazing opportunity! Exactly what I’ve been looking for. Will be working on my application right away :)

  11. Nick says:

    Definitely a great opportunity. Working on my application now. :)

    • Justin Cooke says:

      Sweet, Nick. Looking forward to checking out your application!

      • Nick says:

        Kinda disappointed I never got around to this with personal issues coming up. Congrats to whomever got the apprenticeship! :)

        • Justin Cooke says:

          No worries, Nick.

          Vincent got the job and he’s here in Davao with us now crushing it. :-)

          We’re seriously considering offering another apprenticeship early this next year. If we go with it we’ll put up a blog post, send out an email, etc.

          • Nick says:

            Awesome! Sounds great, i’ll be sure to keep my eyes posted every few weeks looking for that. Since then I’ve gotten more experience anyways, so it could help make my application better.

            Also congrats to Vincent!

  12. James says:

    Hmmm tempting. Very tempting! I’m already living here in the Philippines and have done so now for 3 years having quit my previous IT manager job in London. I can speak fluent Tagalog and know a great deal about the country, people, customs etc. If my Filipina girlfriend (who is funnily enough from Davao!) wasn’t pregnant and I hadn’t just started my own on-line business (bit of fun really) I would definitely be applying. Good luck with the post…

    • Justin Cooke says:

      Thanks, James!

      Unfortunately, everyone in Davao speaks Visaya down here making it really hard to learn Tagalog, hehe. I started when I first got here, but since nobody uses the language here on a regular basis it makes it pretty difficult.

      • James says:

        Yeah my gf is from Davao and so obviously ‘Visayan’ – she often comments that I can speak better Tagalog than her lol

      • Hi Justin and James, I’m from the Philippines (Manila) and it’s just fascinating to see you guys talk about Tagalog and Visaya!

        • Justin Cooke says:

          Hey Chiara – thanks for the comment!

          Yeah, it’s definitely good to pick up a few words. It especially helps when I’m outside the Philippines as it’s a great way to relate to and get a smile out of another Filipino! :-)

  13. Rob Testa says:

    I think I’m in love

  14. Unwired Promotions says:

    One of the best opportunities I’ve seen this year. I’m from Manila, not much of a writer myself but I’ll send some candidates over. If you need additional help with growing your network in the Philippines, let me know.

  15. Wow, that’s a really incredible opportunity right there. Heck, if I wasn’t on course to have a baby in January I would apply. Would be fun to finally meet you guys in person. Wish you the best of luck in finding a great recruit!

  16. Unemployed Pinoys can earn while enjoying time with their family and loveones..
    Unemployed is Brave and a choice to be a Freeman.
    Join us today at http://www.unemployedpinoys.com

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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.

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 “Seller”. The person or entity buying the Asset is referred to as Buyer. Buyer and Seller are collectively referred to as the Parties.

The person or entity buying your Asset is referred to as the Buyer. Buyers must agree to the Buyer’s Terms of Use Agreement available here, and incorporated into this Agreement.

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.

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.