If after 5 months btc-e is not back then buyer and seller get their $5K back each.
No, the seller will still get 10k$. See description below.
if the 5 months pass and btce does not come back online buyer does not get anything.
This is accurate.
Additional description:The seller (me) will get 10k$ (seller's 5k$ used as a safety measure + buyer's 5k$) even if BTC-E is
not back. Overall, there are two cases when the seller (me) gets 10k$:
1. BTC-E is not back
2. BTC-E is back, and I generate a 10k$ BTC-E code (and obviously send it to escrow)
There is only one case when the seller (me) does not get 10k$:
1. BTC-E is back, and I do not generate 10k$ BTC-E code
The idea here for me as a seller is that I transfer the risk to the buyer today. For taking this risk, the buyer receives an opportunity to double his capital in a really short amount of time. This deal might be attractive to those buyers who have an aggressive investment strategy. Just as an example, this is similar to how MTGOX coins were sold for real coins a while back. The roulette double down example is pretty close, although the odds of success are completely different.
The only problem I see right now is that
I should increase the safety measure from my side, so it is never profitable for me to back out even in case if BTC-E is back. Now I think the safety measure from my side should be calculated by a formula: ([sold_btce_code_value] - [price_paid_by_buyer]) * 120% + [escrow_commission]. So in our example, I should pay ~6k$ as a safety measure.
I will update the post to reflect these changes and to add more accurate description in a few hours
UPD: Original post updated