Scroll below and see the actual agreement that was sent to me via email by First American’s legal counsel in early April. (By the way if there is a typo here and there, please deal with it and understand that I am busy with 5 kids, 1,00 blogs, one of the worlds largest forums etc..) 
The purchase of the domain was never mentioned in any conversation by either party until after I received this agreement. At that same time I was actually searching for a possible buyer for LoanSafe.org. I mentioned this to Micheal Leonard on the phone and he said that his client, First American was interested and to send him a proposal via email.
Now, they are claiming that I am trying to extort them for money!
ATTENTION Fricken Fortune 101 internet idiots: The value is not in the domain. It’s the content, 16,000 members, good will, traffic (hundreds of thousands) I produce via search engine optimization and social media every month.
The domain name might be worth $10,000 now. (After I built the name is Google). Heck, when I bought the URL in June of 2007 it was only $9.
I really think this Michale Leonard is just a scum bag lawyer looking to garnish some legal fees. The sad fact is that he will HURT his client in the PR area in every which way by going after me in light of their lies.
Hell, at least the lawyers will get rich. Welcome to American business. Maybe that is why our economy is so F’d up!
Read it for yourself……
THIS AGREEMENT (”Agreement”), effective as of ____________ 2009 (the “Effective Date”), is made by and between First American CoreLogic, Inc. (”hereinafter FIRST AMERICAN”), a Delaware Corporation having an address at 4 First American Way, Santa Ana, California 92707 and Moe Bedard (“BEDARD”), a resident of California having an address of ; (collectively, the “Parties”).
Whereas FIRST AMERICAN is the owner of all right, title and interest in and to the trademarks LOANSAFE, which is the subject of United States Trademark Registration No. 3,339,180 and LOANSAFE RDS, which is the subject of allowed United States Trademark Application No. 77/230,614, both marks covering and used in connection with goods/services related to assessment, analysis and/or valuation of a loan or a loan application (hereinafter referred to as “the LOANSAFE Marks”)
Whereas, BEDARD is the owner of domain names registrations for loansafe.org and loansafesolutions.com;
WHEREAS, FIRST AMERICAN has objected to BEDARD’S use and registration of the loansafe.org and loansafesolutions.com domain names and assorted web content based upon its trademark rights to the LOANSAFE Marks; and
WHEREAS, the parties wish to settle this matter as hereinafter set forth;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual promises, warranties and covenants contained in this Agreement, and the above recitals, which are incorporated in the operative terms of this Agreement by reference and intending to be legally bound, the parties agree as follows
1 BEDARD acknowledges FIRST AMERICAN’S ownership of and exclusive right to use and register the LOANSAFE marks and agrees that the LOANSAFE Marks as forth in the aforementioned registration and application are valid and subsisting.
2. BEDARD warrants that he is the owner of and possesses administrative control over the loansafe.org and loansafesolutions.com domain name registrations and the content posted thereto.
3. BEDARD agrees to immediately cease use of the domain name loansafesolutions.com, except as a link to another website hosted by a domain name that does not consist of or incorporate the term “LOANSAFE” or any other confusingly similar term, spelling and/or derivation thereof or offer, advertise, sell or provide goods or services related to the assessment, analysis and/or valuation of a loan or a loan application. BEDARD further agrees that he and any other entity, organization owned by him, associated and/or affiliated with him or otherwise under his control or direction will not use, register or otherwise acquire any future domain name consisting of or incorporating the term “LOANSAFE” or any other confusingly similar term, spelling and/or derivation thereof.
4. BEDARD agrees that he and any other entity, organization owned by him, associated and/or affiliated with him or otherwise under his control or direction will not use and/or seek registration of any trademark, service mark, trade name, sponsored link, key word or ad word consisting of or incorporating “LOANSAFE” or any other confusingly similar term, spelling and/or derivation thereof.
5. Within ten (10) days of the execution date of this Agreement, BEDARD will alter his use of the loansafe.org website as follows:
(a) all use of LOANSAFE appearing without the .ORG top level domain name on the web site will be altered to appear as Loansafe.org, SafeLoan, AttorneySafe or another term that does not consist of or incorporate LOANSAFE and is not confusingly similar to or is a derivation thereof;
(b) no content appearing on the loansafe.org web site will use the stand-alone term LOANSAFE or any other confusingly similar term, spelling and/or derivation thereof; and
(c) all use of loansafe.org will be uniform in that the colors and font of the letters making up the loansafe.org term shall be consistent and not used to draw attention to or otherwise enhance one or more component of the loansafe.org term over the other.
6. BEDARD will not use the loansafe.org domain name to host content that offers, advertises, sells and/or provides any goods and/or services related to the assessment, analysis and/or valuation of a loan or a loan application. By way of example, the offering for sale of a downloadable software product that can be directly accessed from the loansafe.org web site that undertakes the assessment, analysis and/or valuation of a loan or a loan application would violate the terms of this agreement, while a link to a third party site featuring a downloadable software product unrelated to the assessment, analysis and/or valuation of a loan or a loan application would not result in a violation of the terms of this Agreement.
7. BEDARD agrees not to post on the loansafe.org web site any links to any site which provides any commercially available products/services related to the assessment, analysis and/or valuation of a loan or a loan application. Nothing in this Agreement shall be construed as preventing BEDARD from posting links to web sites used by attorneys or law firms engaged in loan modification services.
8. BEDARD will not, either directly or indirectly, assist third parties to oppose, petition to cancel, object to or otherwise interfere with FIRST AMERICAN’S use or registration of the LOANSAFE Marks or any other marks consisting of or incorporating the LOANSAFE term.
9. In the event BEDARD seeks to effect the transfer, assignment and/or sale of the loansafe.org and/or loansafesolutions.com domain name(s) to a third party, he will provide FIRST AMERICAN with ten (“10”) days written notice of his intent to undertake such a transaction and FIRST AMERICAN shall have the first right to purchase or otherwise acquire the domain name(s) at issue, at the same price and on the same terms to be paid by such third party. In the event the FIRST AMERICAN informs BEDARD in writing that it elects not to acquire the loansafe.org and/or loansafesolutions.com domain name(s), BEDARD may move forward with closing the transaction with the third party during the ninety day period following the date of the sale notice to FIRST AMERICAN, on terms no less favorable than those offered to FIRST AMERICAN. In the event that the proposed transaction does not close within such ninety day period or the proposed terms become less favorable than those offered to First American, BEDARD must again provide notice to FIRST AMERICAN and an opportunity for FIRST AMERICAN to acquire the interest.
10. Upon BEDARD’S complete compliance with the terms of this Agreement, FIRST AMERICAN will release and discharge BEDARD from any and all actions (including any domain name or trademark infringement actions), suits, claims, demands or liabilities, which FIRST AMERICAN ever had, presently has or now claims to have against BEDARD as a result of his use of the loansafe.org and loansafesolutions.com domain names.
11. BEDARD acknowledges and agrees that any breach of this Agreement by him would result in irreparable harm to FIRST AMERICAN. Accordingly, BEDARD agrees that if he breaches any section of this Agreement, FIRST AMERICAN shall be entitled, in addition to other remedies available to it, to an injunction to be issued by the United States District Court for the Central District of California restraining BEDARD from committing or continuing any breach of this Agreement, without the need for posting any bond or any other undertaking and without opposition by BEDARD to such remedies or relief. Furthermore, if BEDARD is found to have breached any provision of this Agreement by a court of law, BEDARD shall transfer ownership of the loansafe.org and loansafesolutions.com domain names to FIRST AMERICAN.
12. The Parties hereto agree to keep the existence of this Agreement and its terms and provisions confidential and will only disclose the same in the context of a dispute between them or if compelled by law or judicial process to do so, provided that, in the event of disclosure, each Party shall use its best efforts to make such disclosure under the terms of a protective order or confidentiality agreement prohibiting further disclosure of the relevant information and materials.
13. The Agreement shall be binding on upon and inure to the benefit of the Parties and their respective parent, subsidiaries, licensees, successors, assigns, and all others acting on behalf of, through or in privity with them.
14. This Agreement is made under, and shall be interpreted in accordance with, California Law. . The Parties consent to the exclusive jurisdiction of the Superior Court of California, County of Orange and/or the United States District Court for the Central District of California, Southern Division, either of which shall be the exclusive forum in which any legal action arising out of or in connection with this Agreement may be initiated and prosecuted to final judgment, and the Parties waive all challenges to venue. In any action to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other legal or equitable relief to which it may be entitled.
15. This Agreement may be executed in two or more counterparts, including by facsimile signature, each of which shall be deemed an original but all of which taken together shall constitute one and the same instrument.
16. Any written communications between the Parties shall, at a minimum, be conveyed as follows via reputable overnight service:
To FIRST AMERICAN With a copy to:
Rouz Tabaddor, Esq. Michael J. Leonard, Esq.
First American CoreLogic, Inc. Pepper Hamilton LLP
4 First American Way 3000 Two Logan Square
Santa Ana, California 92707 Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
To BEDARD With a copy to:
Moe Bedard Mark N. Zanides, Esq.
The Law Offices of Mark N. Zanides
250 North Golden Circle, Suite 110
Santa Ana, Ca. 92705
17. This Agreement comprises the entire understanding of the Parties with respect to the subject matter hereof. If any provision of this Agreement is found by a court to be void or unenforceable, this shall not affect the validity of the remaining provisions of the Agreement.
18. The Parties hereto covenant and agree to renegotiate any such term, covenant or application thereof in good faith in order to provide a reasonably acceptable alternative to the term, covenant or condition of this Agreement or the application thereof that is void or unenforceable, it being the intent of the Parties that the basic purposes of this Agreement are to be effectuated.
IN WITNESS WHEREOF, and intending to be legally bound, the Parties have caused this Agreement to be executed as of the day and year set forth below.
MOE BEDARD FIRST AMERICAN CORELOGIC, INC
Name:
Title:
Date: Date:
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