BrighterBranding Terms of Service

Last updated: 7 July 2025

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the BrighterBranding website, products, and services (collectively, the “Services”). By using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

2. Definitions

Term	Definition
“BB,” “we,” “us,” or “our”	BrighterBranding LLC.
“Client,” “you,” or “your”	Any individual or entity that uses the Services.
“Domain”	An internet domain name offered, leased, rented, or sold through BB.
“Atom.com” or “Atom Pay”	The third‑party escrow and payments platform operated by Atom.com, BB’s preferred provider for Buy Now and Lease‑to‑Own transactions. Other escrow providers including GoDaddy (via Afternic) and Escrow.domains may also be used.

3. Services Overview

BB provides three primary options for acquiring Domains:

Buy Now — immediate purchase and transfer facilitated through escrow.
Lease‑to‑Own — staged monthly payments held in escrow; ownership transfers after the final payment.
Reserve Now — temporary removal of Domain from BrighterBranding.com marketplace for a specified reserve period.

Buy Now and Lease‑to‑Own transactions are typically administered through Atom.com (our preferred provider), though other escrow providers including GoDaddy (via Afternic) and Escrow.domains may be used. You must maintain an account in good standing with the designated escrow provider and agree to their Terms of Service and any supplemental agreements they require.

4. Reserve Now

4.1 Reserve Process

Reserve Now allows you to temporarily remove a Domain from the BrighterBranding.com marketplace on a first-come, first-served basis. When you reserve a Domain:

The Domain is removed from listing on BrighterBranding.com only
The Domain remains available on third-party aftermarkets (Afternic, Sedo, etc.)
You have the exclusive right to purchase the Domain from BrighterBranding during the reserve period

4.2 Reserve Period

The standard reserve period is 2 business days from the time of reservation, unless a different term is mutually agreed upon in writing. Business days are Monday through Friday, excluding U.S. federal holidays.

4.3 Reserve Queue

If a Domain is already reserved, you may join the reserve queue. If the current reservation expires without purchase, the Domain will be offered to the next person in line to reserve.

4.4 Reserve Fees

BB may charge a reserve fee ranging from \(19 to \)499 depending on the premium status of the Domain. The reserve fee structure will be disclosed before you complete the reservation.

Fee Application:

If you do not purchase the Domain during the reserve period, the reserve fee will be fully refunded.
If you do purchase the Domain during the reserve period, the reserve fee will be applied as a credit toward the purchase price, effectively reducing the total cost.

4.5 Reserve Limitations

Reservations do not prevent purchase through third-party aftermarkets
Reservations are non-transferable
Only one active reservation per Domain per customer
BB reserves the right to decline reservation requests at its sole discretion

5. Eligibility

By entering into these Terms you represent and warrant that:

You are at least 18 years old and not subject to any U.S. OFAC sanctions lists;
You have full power and authority to bind yourself or any entity you represent; and
Your use of the Domain will comply with all applicable laws, ICANN rules, and these Terms.

6. Payment & Fees

Currency. All prices are quoted in U.S. dollars unless expressly stated otherwise.
Payment Channel. Buy Now and Lease-to-Own payments must be made through Atom.com escrow.
Taxes & FX. You are responsible for all transaction taxes (VAT, GST, sales, use, or withholding) and currency-conversion fees.
Late Payments. For Buy Now and Lease-to-Own transactions, late payments are subject to Atom.com’s policies and may result in forfeiture of the domain.
Third-Party Fees. Atom, registrars, and payment processors may impose additional fees; these are passed through to you at cost.
No Set-Off. You may not withhold or offset any amount owed to BB under any other agreement or claim.

7. Permitted & Prohibited Uses

During any Lease‑to‑Own period, you must not use the Domain for:

Spam & abusive messaging: unsolicited bulk email, SMS, or instant messages.
Malware & phishing: distribution of viruses, trojans, ransomware, or deceptive sites that harvest credentials.
Illegal products or services: including but not limited to counterfeit goods, unlicensed gambling, illicit drugs, or weapons trafficking.
Sexually explicit or pornographic content: any content that is obscene, exploits minors, promotes non‑consensual acts, or violates applicable obscenity laws.
Hate, harassment, or violent extremism: content that encourages violence or discrimination against protected classes.
Intellectual‑property infringement: unauthorized distribution of copyrighted or trademarked material.
Any activity that, in BB’s reasonable discretion, is deceptive, fraudulent, defamatory, or otherwise nefarious, or that is likely to damage the reputation or value of the Domain.

Violation of any of these prohibited uses will result in immediate cancellation of your lease agreement with no refunds of any payments made.

8. Monitoring & Enforcement (Lease‑to‑Own)

Content Reviews: BB may inspect hosted content associated with the Domain to verify compliance.

Audit Cooperation: You agree to provide reasonable assistance and information to facilitate any compliance review.

If BB determines that you have breached § 6 or otherwise harmed the Domain’s reputation, we may, without notice, suspend DNS resolution, revert nameservers, terminate the Agreement, and reclaim the Domain. Such action does not waive our right to seek damages.

9. Ownership Transfer

Buy Now: Ownership transfers through Atom.com’s escrow workflow once Atom.com confirms release of funds to BB.
Lease-to-Own: Atom.com holds the Domain in escrow throughout the payment term; once the final installment is paid and funds are released, Atom.com completes the transfer to your registrar account.

10. Refunds & Early Termination

9.1 Buy Now (purchased via Atom.com)

Governed by Atom.com’s 24-hour inspection window.
You must file the request within 24 hours of paying and before clicking “Initiate Transfer” in Atom’s dashboard.
Atom.com refunds your purchase price minus its standard 5 % cancellation fee (per their refund policy).
Once the 24-hour window closes or you start the transfer, the sale is final and no refund is available.

9.2 Lease-to-Own (installment plan via Atom.com)

The same 24-hour window applies: cancel within 24 hours of the initial order and before any transfer is initiated.
Payments already processed are non-refundable, but Atom.com will stop all future installments.
The lease terminates, the domain stays with BrighterBranding, and you lose any right to use it.
After the final installment is paid and the transfer process begins, the transaction becomes irrevocable and no refunds are possible.

11. Default & Repossession

11.1 What Constitutes a Default

A “Default” occurs if you:

Payment Failure

Lease-to-Own: miss an installment or otherwise breach Atom.com’s payment terms. Atom.com will notify both parties when its default threshold is met.
Buy Now: reverse, claw back, or otherwise invalidate the purchase payment after funds have been released.

Prohibited Use — breach § 7.
Policy Violation — violate any registrar, ICANN, or Atom.com policy that materially affects the Domain’s standing.

11.2 Remedies for Default

Upon Default, BB may, at its discretion and without further notice:

Suspend or cancel Services;
Repossess or lock the Domain at the registrar level;
Revert nameservers to BB-controlled defaults;
Retain any payments already made; and
Pursue all other remedies available at law or equity.

For Lease-to-Own transactions, Atom.com’s escrow terms govern the specific cure periods, late fees, and forfeiture rules; BB will follow Atom.com’s written instructions regarding repossession and disposition of the Domain.

12. Limited Guarantees

⭐ Our Unbeatable Guarantee ⭐

If any of our guarantees aren’t met, you get:

A full refund of all payments made

AND you keep the domain

No questions asked. No strings attached.

BB offers the following Limited Guarantees. Each guarantee is subject to the conditions below and the overall Limitation of Liability (§ 14).

Applicability These guarantees apply only to Domains purchased directly through BrighterBranding’s website or services using Atom Pay. Guarantees are null and void for Domains purchased through third-party marketplaces (including but not limited to Afternic, Sedo, or directly through Atom.com) even if BB is the seller on those platforms.

Exclusive Remedy — Keep the Domain, Get Your Money Back If a valid claim is approved under §§ 11, BB will refund the payments specified below and you will retain ownership or control of the Domain. For Lease‑to‑Own transactions, the refund is issued after you have paid the remaining balance or paid off the lease early through Atom.com.

12.1 Verification Date Definition

The “Verification Date” varies by transaction type:

Buy Now: The date on your purchase invoice from Atom.com
Lease-to-Own: The date of your first monthly payment

12.2 Lowest‑Price Guarantee

What We Promise If—prior to completing your purchase—you locate the exact same Domain listed by BB on Afternic, Sedo, or any other publicly accessible marketplace at a lower fixed “Buy Now” price, we will honor that lower price.

How to Claim

Before checkout, email [email protected] with a working URL (or screenshot) of the lower‑priced listing.
The listing must: (a) be publicly viewable, (b) be from an account controlled by BB, and © show a lower cash price in U.S. dollars.

Remedy

BB will issue a revised invoice matching the lower price.

Limitations & Exclusions

Claim must be submitted before payment.
Does not apply after the domain transfer has been initiated.
Excludes auctions, “Make Offer” listings, coupon codes, flash sales, reseller listings, or any listing not controlled by BB.
Cached or stale listings do not qualify—the domain must be actively available for purchase (verified by successful addition to cart).
Applies to Buy Now purchases only; it does not apply to Lease‑to‑Own agreements.

12.3 Spam-Free Guarantee

What We Promise The Domain is free, to the best of BB’s knowledge, from historic spam or malware listings on the Verification Date.

Our Verification Methods We screen every Domain against: Spamhaus DBL & SBL, SURBL, URIBL, and Google Safe Browsing API.

How to Claim

Submit verifiable evidence (e.g., timestamped lookup URL or API JSON) showing the Domain was listed on any of the sources above on or before the Verification Date.
Claim must be made within 30 calendar days of the Verification Date.

Remedy Upon approval, BB will refund:

The full purchase price (Buy Now).
All Lease‑to‑Own installments paid to date after you have completed the remaining installments or paid off the lease early via Atom.com.

You keep the Domain.

Limitations & Exclusions Same as previous version, except as modified by the Remedy above.

12.4 Trademark‑Free Guarantee

What We Promise If you receive and lose a Uniform Domain-Name Dispute-Resolution Policy (UDRP) complaint alleging trademark infringement for the Domain, BB will provide a full refund and you keep the Domain. This guarantee applies to UDRP complaints filed within 180 days of the Verification Date.

How to Claim

Provide a copy of the UDRP complaint filed against the Domain and the final UDRP decision ruling against you.
Claim must be made within 30 calendar days of the final UDRP decision.

Remedy BB will refund the same amounts and on the same schedule outlined in § 11.3, and you keep the Domain.

Limitations & Exclusions Same as previous version, except as modified by the Remedy above.

Additional Exclusions for Trademark Guarantee This guarantee does not apply if:

You willfully used the Domain in a manner that infringes upon a trademark (e.g., impersonating a brand, selling counterfeit goods, or otherwise using the Domain to mislead consumers about the source of goods or services).
The UDRP complaint is based on your use of the Domain rather than the inherent characteristics of the Domain name itself.
You fail to mount a reasonable defense to the UDRP complaint or fail to respond to the complaint entirely.

13. Disclaimers

Domains are provided “as‑is.” Except for the Limited Guarantees in § 11, BB disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not guarantee search‑engine rankings, traffic, or commercial success.

14. Limitation of Liability

To the maximum extent permitted by law, BB’s total liability for any claim arising out of or relating to these Terms or the Services will not exceed the greater of (i) USD 5,000 or (ii) the total fees you paid to BB in the 12 months preceding the claim. BB will not be liable for indirect, incidental, special, consequential, or punitive damages.

15. Indemnification

You agree to indemnify and hold harmless BB, its owners, officers, and agents from any claim or demand (including reasonable attorneys’ fees) arising out of your use of the Domain, violation of these Terms, or infringement of any third‑party right.

16. Intellectual Property

Except for the Domain(s) expressly conveyed under a completed Buy Now or Lease‑to‑Own transfer (executed via Atom.com escrow), all content on the BB site (logos, text, software) remains the intellectual property of BB or its licensors.

17. Confidentiality

Information exchanged under these Terms, including seller identities and portfolio details, is confidential. Each party must protect the other’s confidential information with at least reasonable care and may use it only to fulfil these Terms.

18. Privacy

Our collection and use of personal data is governed by the BrighterBranding Privacy Policy, incorporated herein by reference.

19. Modifications

BB may revise these Terms by posting an updated version on our website and indicating the revision date. Material changes will be announced at least 14 days in advance. Your continued use of the Services after the effective date constitutes acceptance.

20. Governing Law & Dispute Resolution

Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of the State of Wyoming, U.S.A., without regard to its conflict-of-law principles.

Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The seat and venue of arbitration shall be Sheridan County, Wyoming. Judgment on any award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction.

Injunctive Relief. Notwithstanding the foregoing, either party may seek temporary or permanent injunctive relief in any court having personal jurisdiction over the parties when such relief is necessary to protect that party’s intellectual-property or confidentiality rights.

21. Contact

Simple Garden LLC DBA BrighterBranding 30 N Gould St Ste N Sheridan, WY 82801 USA [email protected]

By using the Services or executing a Domain Agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as the applicable Atom.com Terms of Service where relevant.