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Devils Advocate of Leasing Domain Names

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There are many great reasons for a person to consider leasing a domain name.   Although the cost of leasing a domain name rather than buying it can be much larger over the long run, it’s a great opportunity for a fledgling business to get started with lower upfront costs.   The company is able to prove their model, and they would hopefully be able to buy the domain name after a set period of time. Also, some domain owners are reticent to sell a prized domain name, so leasing it is a win/win for domain owner and leasee.

While there are plenty of reasons to lease a domain name, there are some things the leasee should consider prior to signing a lease agreement. For the sake of playing devil’s advocate, let’s say you sign a 10 year lease @ $500 month for a great domain name.   You are leasing the domain name from a company owned by a person (or just a person) who registered the name 10 year ago. You build a great interactive website on the domain name, and traffic is growing, revenue is flowing, and all is good.

Four years into your lease, the company owner dies/declares bankruptcy/gets divorced/loses the name in a lawsuit/can’t repay a loan he took on the name…etc. What happens to your website built on this great domain name if something like this happens and the name is no longer owned/controlled by him and/or all living financial agreements are made null by a court?

At the moment, there are many apartment renters who are faced with eviction when their landlord was forced to foreclose.   As for a domain lease, what contingencies are in place in the event of this to 1) prevent losing your ability to lease the name 2) prevent having to pay $xx,xxx in a lawsuit to stay a court order?   It is critical to think about all of this before signing a domain lease and building a website on that domain name.

Back Up Your Data!

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I’m glad this post isn’t a “I wish I backed up my data before the fire, flood, pool incident…”   Instead, it’s more of a best practice reminder because it’s something I frequently need to remind myself about so I don’t forget to do it.   Back up data!

It’s probably enough to back up all computer data on a flash drive at least once a week, and that flash drive should be kept in a secure location.   If you are so inclined, you might do it every night, especially if you are working on a major web development (or similar) project. In fact, if you are working on anything that would be difficult to start from scratch, it’s a good idea to back-up your drive as much as possible – just don’t keep your flash drive attached to your computer all the time.

Another best practice is to back it up at least once a month with a flash drive that is stored off site – like in a bank deposit box.   If a fire or flood were to ever damage your computer, it’s possible that it will get your back up source if it’s not kept on site.   You should take precautions, because at the very least, if you are audited, the IRS won’t be accepting of a data loss excuse for the reason you can’t produce your files.

Apple has a product called the “Time Capsule” which automatically backs up data while you are working, in a machine that is also your Wifi base.   The Time Capsule, which can store one terabyte of data, is very expensive, but it does automate the process. The downside is that the Time Capsule is kept on site, so a fire or flood would also probably render the data useless.

However you back up your data, please choose to do it often and keep a back-up copy somewhere.   Having a good backing up strategy will help prevent you from having to come up with an emergency data recovery strategy!

Investing in Call to Action Domain Names

Major corporations seem to like call to action domain names nearly as much as they like their branded domain names. Call to action domains can be more memorable to a consumer than just the brand, and it typically encourages the consumer to take action quickly. They are less expensive than generic domain names, and they’re more readily available.   They can also be more trackable than a standard brand URL.

Call to action domain names are frequently used for a short period of time, usually during a company’s interactive or integrated marketing campaign. They are liked by companies because they can help spread a message, usually in a fun way. They aren’t typically expensive to acquire, and many of the creative ones that incorporate a company’s brand are unregistered.

For a domain investor, the problem with owning these domain names is that there are several obstacles in selling them:

1) The company could easily change a word to differentiate and buy an unregistered version (CallUsASAP.com could easily be changed to CallUsRightNow.com)

2) Because they are short campaigns (usually), the budgets for creating the advertisement are typically more limited – with the exception of the Super Bowl and a few other big advertising times.

3) It’s hard to find one of these names before it’s in demand, and to acquire a great number and hold on to them, it can be cost prohibitive.

4) Usually the advertising agency creates the advertisement, and they don’t want to spend their allotted budget on a domain name, when the money can be billed for internal labor costs rather than external unrecoverable costs like a domain name.

5) On a creative pitch, there are usually 5-10 ideas and 3 final ideas presented to the client.   Between the internal agency pitch and the pitch to the client, there isn’t much time to negotiate a domain acquistion.   Agencies won’t pitch an idea to their client unless they know exactly how much a domain name costs.   Getting in touch with some domain owners is difficult, and if they can’t secure the name before the final client pitch, the idea may be ditched. The last thing they want to do is get the client on board with a great idea, only to tell them it’s not feasible because of cost or because they can’t even get in touch with the domain owner.

I get a lot of emails from people asking my opinion on call to action domain names. While I think many of them are neat from a consumer’s perspective, I think it’s very difficult to sell them to a company. I highly doubt a company will tailor an expensive advertising campaign around a domain name, and they probably wouldn’t acquire it for a future campaign (all of this assumes the domain owner is even able to get in front of the marketing decision maker).

My advice is to own a couple of these names if you must (buying them at registration fee), but don’t spend too much money on them.   Buying call to action domain names is more like playing the lottery.

***Edit***
Just for further proof about this, next time you see a call to action domain name, do a Whois History search on it. See if the company was the original registrant and when the domain name was registered. If you see that it was previously owned by someone, drop them a note and ask them about it. I’ve learned some interesting things about domain acquisition strategy (much of it I can’t post because they asked me not to make it public). I think you’ll find that most of the call to action domains that are being used were originally registered by the company using it, rather than being older domains acquired in the after market.

Your Internet Persona Follows You

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There are a lot of people on the domain forums who don’t have much business experience, and there are others who do have business experience but don’t have much Internet forum experience. Many became domain investors by accident, and by one way or another, they found a place like DNForum or NamePros.   I had been selling domain names for two years before even realizing there was a domain industry and   DNforum was the first Internet forum I joined in early 2006.

Yesterday, I received an email from a person who shall remain nameless informing me of a new service he was offering.   I recognized something in his email, which reminded me about a person on DNForum, and a subsequent email revealed that they were “business partners.” After exchanging a couple additional emails, one of which was mysteriously from his partner’s email address – all under the same email string, I became even more suspicious, and I am not interested in working with or publicizing their company as a result.

Whether the emailer and “his partner” are different people using the same Gmail account is something someone else can determine, but I want to use this as an example for a post I had been meaning to write.   I’ve never done business or had a dealing with this person’s “partner,” yet I was reluctant to do any business with him or even work with him because of this person’s domain forum persona.

There are a number of people who I would put in the same category as this person.   From seeing their posts on domain forums, I wouldn’t do business with them for a variety of reasons. There are scammers, spammers, cybersquatters, lowballers and other people whose business practices I find abusive, annoying, or unethical.

Using Google and other free resources, it’s fairly simple to link a person’s name with their online identity (as I did yesterday). I think people should consider the implications for their forum commentary before they post. Not only could it impact their business today, but it could have long term implications, too. Career advisors recommend that job seekers review their Facebook/MySpace pages before applying for jobs.   Likewise, domain investors should know that there are always people who will judge them based on their Internet persona.

Considerations for Working With Affiliates

Subscribe to Elliot's BlogI was thinking about something today regarding affiliate relationships for your websites and online ventures. When you choose to partner with a company, make sure there are no ways for the customer to be lost during the hand off from your site to theirs. If a customer leaves your site, you should be guaranteed that they won’t end up making a purchase without your site getting the credit.

i can think of a couple examples off the top of my head, which will lead me to questioning my affiliates later this week:

1) If the customer can call the company, they should have to enter a unique code for your website. If they don’t have to do that, the sale won’t be attributed to your site.
2) If there is no automated sales process and they can negotiate the price with the company, you may end up losing the sale.

It’s important that you work with affiliates who make certain that you get credit for all sales attributed to your website. You should also work with affiliates where the product is easy to purchase, the sales process is seamless, and the entire process is trackable. All of this will lead to a long and mutually beneficial relationship.

Companies Monitor Your Comments

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Subscribe to Elliot's BlogI read Andrew’s post regarding the ISO.mobi WIPO decision and I think people who post domain sales or commentary in public forums, domain blogs or other public venues should take notice. While many people think big companies won’t notice what is said about them in small niche forums, almost all companies closely monitor their trademarks and intellectual property online.

Any time someone mentions something about a company in a public venue, their post or site will probably be seen by that company, triggered by certain keywords or acronyms.   Not only is it a way for people to ensure a blog post or article is viewed by the intended audience, but it’s also a way to attract unwanted attention. This pertains to people who are utilizing their First Amendment right to give their opinion about a company, and it also pertains to people who are selling trademark-related domain names or potentially infringing domain names.

In addition to this, people should also realize that it’s pretty simple for a company to track a person’s online presence. A simple DomainTools registrant report will show many of the publicly maintained domain names owned by a person. A company could then search Google for these domain names, and if they find one that the person listed on a domain forum at any point, the company now knows that person’s nickname. If they are investigating a TM domain name, they can search that person’s posting history on the forum to see if that person has ever listed a TM domain for sale. If this person has, they can claim that the person has a history of cybersquatting.   It can be as easy as that.

When I started at AIG just after the Spitzer investigation, people were always cautious about sending emails, which can easily be tracked back to the sender and remain a perpetual paper trail.   The saying was that if you would be embarrassed to see an email you sent posted on the cover of the New York Times, you shouldn’t send it. Likewise, you should be cautious about what you post in public or private forums. Everything can be tracked back to you and will be used against you.