BROKER'S MANDATE

Service Provider:

Efty Pay B.V., a private limited liability company incorporated under Dutch Law, having its registered office in Groningen, the Netherlands, and having its business address at Zuiderpark 17 (9724 AG) Groningen (hereinafter: the Service Provider);

Broker: 

The individual or legal entity which has registered himself/herself/itself on one or more digital service platforms supported by the Service Provider by which domain names and other digital assets (hereinafter: Digital Assets) can be offered and accepted (hereinafter: the Platforms and each of them individually a Platform) as an entrepreneur/enterprise with a business in providing services as a broker of such Digital Assets (hereinafter: Broker); 

Parties agree as follows:

Article 1 - Definitions, applicability Terms & Conditions

The terms used in this document with a capital have the specified meaning as described in the General Terms and Conditions of Efty Pay B.V. (hereinafter: the Terms & Conditions), the applicability of which have been agreed upon by Broker. Broker confirms that is has taken knowledge of and agrees with the content of the Terms & Conditions.

Article 2 - Appointment of Service Provider as Mandatary

Broker appoints the Service Provider as Mandatary, and the Service Provider hereby accepts that appointment, for the purpose of providing services regarding the sale and purchase of any Digital Asset offered for sale by Broker on behalf of a Principal as further described in the following provisions (hereinafter: the Mandate).

Article 3 - Obligations of the Service Provider as Mandatary

1. The Service Provider shall fulfil its obligations making use of a Platform. 
2. In case Broker and a Buyer agree on the sale and purchase of a certain Digital Asset for a certain Purchase Price, the Service Provider shall conclude the Agreement on behalf and in name of Broker acting on behalf of a Principal. 
3. The Service Provider shall forward to Broker without delay the concluded Agreement and any ancillary agreement to which Broker is a party.
4. In case the parties to an Agreement have agreed to make use of the Custodian for the transfer of one or more certain Digital Assets, the Service Provider shall transfer the Digital Asset to the Custodian upon conclusion of the Agreement, together with the Transfer Information provided to it by Broker and give any instruction to the Custodian is deems necessary for the execution of the sale and purchase of the Digital Asset(s). 
5. In case the parties to an Agreement have agreed to make use of the Custodian for the transfer of one or more certain Digital Assets, the Service Provider shall endeavour to collect the Purchase Price upon the transfer of the Digital Asset(s) to the Custodian.
6. Upon receipt by the Service Provider of the Purchase Price, the Service Provider shall (i) provide Buyer, or – in case the services of the Custodian are being used – procure the Custodian to provide Buyer, with the Transfer Information for transferring the Digital Asset and (ii) transfer the Purchase Price minus the Fee to Broker. 

Article 4 - Obligations of Broker

1. Broker declares and guarantees that it is fully mandated by to sell the Digital Asset(s) on its behalf and is authorised to grant the Mandate to the Service Provider in name and on behalf of the relevant Principal and to enter into any Agreement and any and all reasonable ancillary agreements. Broker will provide proof of its mandate an authorisation at first request of the Service Provider.
2. Broker declares and guarantees that the Service Provider will be entitled to fulfil all its obligations under any Agreement concluded between the Broker and a Buyer via the Broker. 
3. Broker shall accept and fulfil any and all Agreements and all reasonable ancillary agreements concluded by the Service Provider on behalf and in name of Broker, as well as any further reasonable actions taken by the Service Provider in the fulfilment of the Service Provider’s obligations under the Mandate. 

Article 5 - Fee

1. The Service Provider shall invoice Broker the Fee specified in the Terms & Conditions.
2. The Service Provider shall be entitled to deduct the Fee from the Purchase Price. 

Article 6 - Indemnification 

Broker shall defend, indemnify and hold harmless and keep the Service Provider indemnified and held harmless against any and all claims, liability, loss, damage, cost, expense, fines, penalties or other sanction the Service Provider may suffer, sustain or incur which arise as a result of the Service Provider’s activities under the Mandate and any Agreement in the widest sense.