Justin Cooke

March 24, 2014

Marketplace-Apprentice

We’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 wish we 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.

Make sure to sign up for our email list to hear about more opportunities like this as soon as they are posted!

What’s the Opportunity?

This is a full-time position working with us as a Marketplace Manager here in the Philippines. This is an apprenticeship position, much like our last one.

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

You’ll transition from Apprentice to Team Member as you take on additional responsibilities. We want 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.

Know someone that’s perfect for the job? Share this post on Twitter, Facebook, and write some emails!

What’s Our Story?

EF

We run our business from Davao City, Philippines. Joe and I moved here in 2008 to run our outsourcing company and created our first online business,  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 expand our business/brand.

We want you to help us delight our customers and provide an amazing customer experience.

In 2014, we’re looking to focus more on website buyers and sellers by putting our marketplace front and center.  Although we’ll still list lower-priced sites, we’re looking to bring more websites in the $10K-100K range.

We’re now attracting new visitors who are either trying us out or looking into buying and selling sites with us. We want you to help us delight our customers and provide an amazing customer experience.

Why are we looking to hire another apprentice?

To date, we’ve hired two apprentices and this model has proven to be incredibly valuable to both us and them. Our most recent hire is still out here making the magic happen. In fact, there’s been so much value we’ve agreed to extend at least another six months.

You can read more about us here or listen to the podcast episode about our journey here.

What’s the Job Like?

It’s hard to tie it down to a specific job description because you’d be doing a lot of unique things and we’ll be applying your particular skill-sets and talents to the position. Still, we do want to lay out for you some of the tasks and responsibilities you’ll be taking on.

2014 is the year of the marketplace. We want you to take over the reins to start attracting new buyers and sellers, make the pre-sale process as smooth as possible, and assist the transition between buyer and seller post-sale.

What Skills Do I Need?

You’re a deal maker that knows how to negotiate. You’ll be working with website buyers and sellers who want to get the best deal possible. Maybe you’ve negotiated 3rd party transactions, cut your teeth on B2B sales negotiations, or have even brokered a few deals before. You’re going to have to make sure the deals are well-balanced and mutually beneficial. We’re always on the hunt for Win/Win relationships and that’s exactly the approach you’ll be taking between our buyers and sellers.

You’re good at spotting risks and opportunities. We reject sites at multiple steps in our vetting process because they don’t meet our strict criteria for listing. For those that do, you’ll be responsible for carefully laying out the risks and rewards for each of the sites available for sale. Understanding the buyer’s needs/wants and matching them to sites that are right for them will be an important part of your job.

You’re creative and can bring in new website buyers/sellers. We’ve got our own special sauces for bringing in buyers and sellers, but we don’t want you to just follow a Standard Operating Procedure and call it a day. You should be able to creatively come up with new strategies to increase the volume.

You’re going to be reaching out to people (Don’t be shy!) You’ll need to talk to buyers and sellers on a daily basis which will mean you need to reach out to folks who have never heard of us before.

You’re great at communication. You’ll be using Zendesk, our own email client, and getting on the phone regularly as you communicate back and forth with customers.

You excel at giving our customers the “white glove treatment” through the buying/selling process. We want customers for LIFE. You want to give people who go through our marketplace the best experience possible. That means being patient with their questions, responding in a timely manner, and providing an positive experience they won’t soon forget and just HAVE to tell their friends about.

What’s the Living Situation Like?

You will be living with Justin in a large house and a gated community in Davao City, Philippines (the fourth safest city in the WORLD) for at least a month that includes your own air-conditioned, private room/bathroom.

After the first month or so you’ll move into a condo with our current Marketing Apprentice, Vincent.

Magallanes

What else will you get?

  • Laundry service twice a week – Hate laundry? So do we. Much easier to have this done so that we can focus on business
  • No rent or house bills to pay – Electricity, water, cable, internet connections, trash, etc. all handled by us
  • Maid service – We have maid service at the house, 6 days a week, 12 hours a day. I don’t know how we could do without after having this so long! Our current apprentice says “I haven’t cleaned dishes since I got here!”
  • Food included – You’ll have a maid that will cook you whatever you’d like (as long as we can find the ingredients!) Chicken Cordon Bleu? Check. You like eggs sunny side up with the yolk liquidy? Done
  • Know your way around town – One of the frustrating things about moving somewhere is learning where to find things. For example, best coffee shops with Internet, top nightlife spots, repair services, etc. We’ll teach you the ins and outs of this place
  • Mentorship – You’ll be living and working closely with me (and our current apprentice) 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.

We’ll take care of many of the day-to-day chores and tasks you’re familiar with so that you can maximize both work and play while you’re here.

Love It… Now What’s the Catch?

This isn’t a charity. We want to integrate you into our business and allow you to prove your hustle. At the same time, you’ll be getting tons of value from us by being out here and networking within our social circles.

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.

You should probably be single. While we won’t go as far as saying you can’t be in a relationship, but this isn’t a package deal for families, couples, etc.

We do ask you to be here with us in Davao the first 5-6 months. While this may eventually turn into a more permanent location-independent position, we know that working together 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 good at the work!”

It’s going to be hard work. Ok, 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 (dealing with hard to please clients.)

Some of it may be uncomfortable and push you out of your comfort zone. Reaching out to people you don’t know, pushing the boundaries on your skillsets, etc. Still – doing things we’re not completely comfortable with is how we learn.

We’re going to need your full attention. This won’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 going to make a ton of cash at the 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!

Anything Else?

We want people that are open to travel, remote work situations, etc., but we’re not looking for 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.

We don’t want to oversell this, but it is an amazing opportunity. We’re 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?

Step 1: Record the YouTube video (details below), fill out the application (Closed), and submit by the due date (Deadline: April 30th but bonus points for early submissions)

Step 2: Review submissions and schedule interview (Late April, Early May)

Step 3: Second interview and final decision (end of May)

Step 4: Apprentice announcement (end of May)

Step 5: Arrive in the Philippines (June)

*YouTube Video Requirements:

First section: 1-2 minutes explaining why you’re a good fit for this position.

Second section: 1-2 minutes with your best strategy for finding new buyers/sellers.

Third section: 1-3 minutes describing a negotiation or dealing with a problem situation between 2 or more parties that you had to resolve in the past.

Please put this all in one video and upload it to YouTube. We’ll need you to give us the link in the application.

don’t worry…you’re better than you think you are!

If you’re thinking about applying but worried you might not have enough (insert excuse here) – don’t worry…you’re better than you think you are!

Click here to apply now! (Closed)

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 want to help spread the word?

Please share this opportunity on Twitter, Facebook, or email with anyone you know that might be a good fit!



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Discussion

Leave a comment
  1. Great opportunity and I’m glad to be a part of the team! Can’t wait to see who else we get out here in Davao. :)

    • Justin Cooke says:

      Yeah, buddy! Will be interesting to go through the applications. It’s quite a bit of work and difficult to choose, but I’m really looking forward to expanding the team.

  2. Anisul Islam says:

    Hopefully, I will make my way this time :) Applying soon !

  3. Sweet opportunity for a single motivated person!

  4. Zaniest says:

    I am in Zimbabwe, too far i suppose, but I am fluent in this language because I have a Btech in electronic commerce and I have founded 3 successful websites.

    • Justin Cooke says:

      Hey there,

      We’re not terribly picky about the country you’re coming from as long as you’ll be able to meet the VISA requirements for the Philippines, which isn’t too difficult. We’re more interested in your skills, how well they match the job position, and what kind of culture fit you’d be in our company if that makes sense.

  5. Seth Migliori says:

    Hey guys I wanted to drop in and say hello. Your guys podcast have filled my notebooks with golden boulders many times now. I havent been to the site in a little while and it looks like you did another 50 pod cast. More notebooks lol! Big thanks for sharing all that you do. Ps the possibility of working with you guys would be amazing. I thought about it for about 10 minutes and then said “hell yeah” = application sent in.

    Aloha from Hawaii

    • Justin Cooke says:

      Great to hear, Seth!

      Yeah, we’ve definitely been knocking out the podcasts over the last year or so. Thank you so much for applying! We’ll be reviewing all applications in the coming weeks.

  6. Mo says:

    Hey guys, that quite an amazing position ! Apprenticeship is definitely the most efficient way to learn!
    My lack of salesmanship disqualifies me for this job, i’ll be waiting for the next marketing job!

    Shared the post on my business/travel group!

  7. Joseph Van Dyke says:

    Question from a potential badass apprentice who would like to make you lots of money “work(ing) on cool shit while we sip tropical drinks and talk business strategy”:
    Would airfare be part of the package or should I start swimming now? Also any other opportunities for a Californian with dual citizenship? (USA & Philippines) I was born and raised here in California, lived in the Philippines for two years as a youngster. Fluent in English and Tagalog. I might have to brush up on Tagalog business lingo though. Maybe we can work out taking a portion of my salary if airfare isn’t included? Looking to become a long-term team member and possible partner. I am an entrepreneur myself, and I have family in the Philippines that I rarely get to visit.

    Thank you!
    P.S. I might go for a non-alcoholic tropical drink while I’m on your time…. and when I’m on my time, I will frantically look for Scotch 6,731 miles away from Scotland. I Googled the exact distance. Also I saw your ad from Jeet Banerjee’s Facebook. I met him at a local Entrepreneur group.

    • Hey Joseph! I’m Vincent, EF’s Marketing apprentice. I’m not sure how airfare works this time around but we did deduct the cost of my flight from my pay over several months.

      Cool how you came through Jeet’s Facebook! I actually reached out to him a couple days ago asking him to share this opportunity. Good thing I did, huh?

    • Justin Cooke says:

      Hey Joseph,

      We might be willing to work something out on the airfare as we did with Vincent. The Tagalog doesn’t help much in Davao, unfortunately, as everyone speaks the local dialect (Bisaya). I was trying to learn Tagalog a bit but SO difficult when nobody around me speaks it regularly, hehe.

  8. Paul says:

    you didnt post me previous comment? Well i would love to get the job

  9. Justin Cooke says:

    Thanks for the comment, Paul. Looking forward to reviewing your application.

  10. Kyle says:

    Hey I lived in and around Cebu, Dumaguete, and Tagbilaran for two years and I speak Bisaya fluently. I served as a missionary and I love the Filipino people. I’m still going through school and wouldn’t beable to make the move to the Philippines. But if there was anything I could do to help with the language barrier I’d love too

  11. Kevon says:

    Hello I’m very interested in your job offer so I hope it is still available

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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.