the Memorandum Of Understanding on the Generic Top Level Domain Name Space of the Internet Domain Name System ("gTLD-MoU") signed in Geneva on May 1, 1997; and
Section 7 of the gTLD-MoU providing for the establishment of a Council of Registrars ("CORE") and for the signature by Registrars of a Memorandum of Understanding defining CORE-gTLDs and policies under which CORE must operate;
the Signatories to this Memorandum of Understanding ("CORE-MoU") hereby agree:
(a) the Internet Top Level Domain (TLD) name space is a public resource and is subject to the public trust;
(b) any administration, use and/or evolution of the Internet TLD space is a public policy issue and should be carried out in the interests and service of the public;
(c) related public policy needs to balance and represent the interests of the current and future stakeholders in the Internet name space;
(d) the current and future Internet name space stakeholders can benefit most from a selfregulatory and market-oriented approach to Internet domain name registration services;
(e) registration services for the gTLD name space should provide for global distribution of Registrars;
(f) as set forth in Section 2(f) of the gTLD-MoU, as it may from time to be amended, a policy shall be implemented that a second-level domain name in any of the CORE-gTLDs which is identical or closely similar to an alphanumeric string that, for the purposes of this policy, is deemed to be internationally known, and for which demonstrable intellectual property rights exist, may be held or used only by, or with the authorization of, the owner of such demonstrable intellectual property rights. Appropriate consideration shall be given to possible use of such a second-level domain name by a third party that, for the purposes of this policy, is deemed to have sufficient rights;
(b) Pending the expiration or appropriate amendment of the NSF Cooperative Agreement No. NCR-9218742 under which the ".com", ".org" and ".net" gTLDs are presently administered, the ".com", ".org" and ".net" gTLDs shall not be subject to the provisions of this CORE-MoU.
(c) Likewise, as long as the ".com", ".org" and ".net" gTLDs are not subject to the provisions of this MoU, any Registrar which administers those gTLDs may not be considered to be a gTLD Registrar for the purposes of this CORE-MoU.
(d) The two-character top level domain name space within the DNS, which is reserved for ISO 3166 country codes under existing accepted Internet RFCs, shall not be subject to the provisions of this CORE-MoU.
(b) As provided in Section 6(j)(ii), (iii) and (v) of the gTLD-MoU, the POC may from time to time establish new terms and conditions for applications by entities desiring to be Registrars, and may, following consultation with the PAB and CORE, remove Registrars who do not operate consistently with the requirements of the gTLD-MoU and the CORE-MoU. Until such time as the POC provides otherwise, the provisions of this Article shall apply to all applications.
(c) Affiliated entities may only submit one application among them. Questions whether two or more organizations are in fact affiliated shall be resolved by iPOC for the first round of applications, and thereafter by CORE.
(d) No Registrar may transfer or assign any of its rights or obligations to any other entity without the prior written consent of the POC, which shall act in its sole discretion, and in the interest of the stability of the DNS and the Internet generally. Any change of ownership or control which would cause the Registrar to fail to meet the then current requirements for selection shall disqualify the Registrar, and it shall no longer have the right to function as a Registrar.
(b) CORE shall be incorporated under the laws of Switzerland as a Swiss Association governed by Articles 60 - 79 of the Swiss Civil Code.
(c) Except with respect to the first round of applications for Registrars, which shall be processed or caused to be processed by iPOC, CORE shall process or cause to be processed all applications by entities that have applied to act as Registrars.
(d) CORE shall establish and enforce requirements that each Registrar operate in all respects consistently with the provisions of this CORE-MoU.
(e) CORE shall establish such policies and technical protocols as are necessary to insure that SLDs are assigned on a first come first served basis with respect to registrar interaction with the CORE repository database for the gTLD under which the SLD is being registered. However, CORE may establish policies and technical protocols such that something similar to a "round robin" order of processing applications by Registrars for SLDs is used by the repositories. No duplicate SLDs shall be assigned in the same gTLD.
(f) CORE shall maintain Repositories of all SLDs registered by the Registrars, and shall adopt the most expeditious procedures which implement correct and reliable repository services. There shall be a separate repository for each gTLD. CORE shall establish and enforce a requirement that each Registrar provide the data set forth in Appendix B to this CORE-MoU for each SLD registered by such Registrar. CORE shall make the data in each Repository available and updated on a daily basis so that it can be searched (e.g., by whois) or downloaded as a complete file on the Internet (e.g., by ftp). CORE shall generate DNS zone files for use by DNS servers.
(g) CORE shall provide financial support to the POC (and to its predecessors,
IAHC and iPOC) for the reimbursement of reasonable expenses actually incurred
in carrying out the responsibilities of those organizations. POC shall
retain such amounts of application fees paid by Registrars as are needed
to reimburse such expenses, and CORE and POC shall agree from time to time
on a budget for POC to be financed by funds received by CORE.
(h) CORE shall ensure that its implementation of digital signature
technology is consistent with the state of the art. POC shall review and
approve CORE security designs.
(i) CORE shall establish and enforce requirements that Registrars shall not register SLDs in the CORE-gTLDs for their own account or for accounts of an Affiliate for the purpose of trafficking in SLDs for sale, resale or transfer to applicants.
(j) CORE shall establish and enforce procedures and requirements for the payment by Registrars of the fees specified in Article 6(d)(ii) below for registration of SLDs.
(a) Each Registrar may accept applications for the assignment of SLDs in any CORE-gTLD.
(b) Each Registrar may charge such fees, if any, as it determines, in its reasonable discretion, for the services it performs.
(c) Each Registrar shall enter into Registration Agreements and accept applications for the assignment of SLDs only on forms containing at least the requests for information and the legal language set forth in Appendix C to this CORE-MoU.
(d) No SLD shall be assigned to any entity until:
(f) SLDs shall be assigned to qualified applicants as provided in Article 5(f) above. No discriminatory conditions shall be imposed upon applicants. Registrars shall offer to each applicant the opportunity to publish the applicant's requested domain name for a period of up to 60 days before the assignment of the domain name takes effect. If this option is accepted, such fact shall be made a part of the permanent record of the applicant's domain name registration.
(g) CORE Registrars will not examine applications for second-level domain names for conformance with the policy stated in Article 2(f) above.
(h) CORE shall notify the Registrant, as well as the Registrar, prior to cancellation of any SLD for any reason.
(b) Registrars shall include in their Registration Agreements and application forms for assignment of SLDs the following paragraphs:
__ Applicant declines a mandatory submission to arbitration in the case of Claims referred to in the paragraph above.
(b) The Signatories agree to review periodically the results and consequences of their cooperation under this CORE-MoU and, when appropriate, consider the need for improvements in their cooperation, and communicate suitable proposals for modifying and updating the terms and scope of this CORE-MoU to the POC and PAB.
(c) The POC may initiate an amendment or amendments to this MoU only after consultation with the PAB and CORE. An amendment to this CORE-MoU shall enter into force when it has been signed on behalf of the POC; no other or additional signature shall be required. .
(d) This CORE-MoU shall be governed by the laws of Switzerland.
(e) Any dispute, controversy or claim arising out of or relating to this CORE-MoU, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the Secretary General of the Permanent Court of Arbitration. There shall be a sole arbitrator. The place of arbitration shall be Geneva. The language to be used in the arbitral procedure shall be English. The dispute, controversy or claim shall be decided in accordance with Swiss law.
(a) For the purposes of these Legal Terms and Conditions, "Administrative Parties" means CORE, all other Registrars, POC (or iPOC as specified in the gTLD-MoU) and the PAB, and each of their directors, officers, members, employees, affiliates and representatives.
(b) Registrar affirms that it has the full power and authority, including any internal corporate approvals, necessary to operate as a Registrar.
(c) Registrar's activities under CORE will not (i) conflict with the certificate of incorporation, by-laws or other applicable governing document of Registrar, (ii) conflict with, or result in the breach or termination of, or constitute a default under, any lease, agreement, commitment or other agreement or instrument, or any order, judgment or decree, to which Registrar is a party or by which Registrar is bound, or (iii) constitute a violation by Registrar of any applicable law or regulation.
(d) Registrar waives all claims or other legal recourse against the Administrative Parties arising from or related to CORE activities, to the extent permitted by law.
(e) Registrar agrees to indemnify, defend and hold harmless the Administrative Parties from and against any and all liabilities, obligations, damages, deficiencies, losses, claims and expenses, including reasonable attorneys' fees and other expenses incurred in the investigation and defense of claims, actions or demands resulting from or arising out of any misrepresentation or breach of any term of this CORE-MoU by Registrar.
(f) Each Registrar agrees that any claim arising out of or relating to this CORE- MoU, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as are at present in force. The appointing authority shall be the Secretary General of the Permanent Court of Arbitration. There shall be a sole arbitrator. The place of arbitration shall be Geneva. The language used in the arbitral process shall be English. The claim shall be decided in accordance with Swiss law.
(g) Registrar shall have no right, title or interest in any gTLD or in any SLD in the CORE-gTLDs, other than those SLDs, if any, registered by the Registrar for use for its own account.
Date: ________________________
Typed or Printed Name of Registrar
By:_____________________________________
Its: _______________________________
Date:____________________________________
(a) Applicant must have at least US$500,000 in commercial general liability insurance.
(b) Applicant must affirm that it will engage the equivalent of at least five full time employees in its registration activities.
(c) Applicant must have a minimum of US$300,000 in liquid capital immediately available in Applicant's name. Capital can be a guaranteed bank loan, a guaranteed credit line or letter of credit from a recognized financial institution, or any other form of liquid capital.
(d) Applicant must hold an existing SLD (second level domain or third level domain if operating under an ISO-3166 country level domain), which when checked via http://www.gtld-mou.org/dnswalk.html, produces no distinct warning messages. The holder is to be determined via queries to public data bases maintained by existing Internet Registrars.
II. Each application must be accompanied by a US$10,000 fee, and the instrument by which the fee is submitted must result in actual payment to CORE. This fee will be refunded in the event an applicant is found to be not qualified.
III. Each applicant will be responsible for payment of an appropriate fee for a report by an independent auditor, designated by the iPOC, which will examine whether the application is complete and in proper order; this fee is non-refundable, and may be deducted from the application fee.
IV. Each successful applicant will be required to sign this CORE-MoU.
V. Each applicant must agree that any dispute, controversy or claim arising out of or relating to this CORE MoU, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the Secretary General of the Permanent Court of Arbitration. There shall be a sole arbitrator. The place of arbitration shall be Geneva. The language to be used in the arbitral procedure shall be English. The dispute, controversy or claim shall be decided in accordance with Swiss law.
Complete Domain Name......:
Entity or Individual Using Domain Name
Name..........:
Postal Address.............:
City.......................:
State......................:
Postal Code................:
Country ..................:
Country Code...............:
E-mail Address.............:
State or Country of Incorporation or Partnership (if applicable)................:
Name and Address of a designated agent for service of process where the Registrar is located (Applicant may designate the Registrar).............:
Administrative Contact
NIC Handle (if known)......:
(I)ndividual (R)ole........:
Name.......................:
Organization Name..........:
Postal Address.............:
City.......................:
State......................:
Postal Code................:
Country......................:
Country Code...............:
Phone Number...............:
Fax Number.................:
E-Mail Address...............:
Technical Contact
NIC Handle (if known)......:
(I)ndividual (R)ole........:
Name.......................:
Organization Name..........:
Postal Address.............:
City.......................:
State......................:
Postal Code................:
Country....................:
Country Code...............:
Phone Number...............:
Fax Number.................:
E-Mail Address..............:
Primary Name Server
Primary Server Hostname....:
Primary Server Netaddress..:
Secondary Name Server(s)
Secondary Server Hostname..:
Secondary Server Netaddress:
1. Pursuant to the terms and conditions of the Memorandum of Understanding on the Generic Top Level Domain Name Space of the Internet Domain Name System ("gTLD-MoU") signed in Geneva on May 1, 1997, as amended, this is a request for registration of the following domain name (provide complete and exact domain name....:
2. Entity or Individual Requesting Registration of Domain Name ("Applicant")
2a. Name................:
2b. Postal Address..:
2c. City...................:
2d. State..................:
2e. Postal Code.......:
2f. Country..............:
2g.Country Code.....:
2h. E-mail Address..:
2g. State or Country of Incorporation or Partnership (if applicable)................:
2h: Name, address, fax and e-mail address of a designated agent for (i) notifications concerning any Administrative Domain Name Challenge Panel ("ACP"), Mediation or Expedited Arbitration procedure to be administered by the WIPO Arbitration and Mediation Center and (ii) service of process where the Registrar is located. Applicant may designate the Registrar.............:
3.Administrative Contact
3a. NIC Handle (if known)......:
3b. (I)ndividual (R)ole........:
3c. Name.......................:
3d. Organization Name..........:
3e. Postal Address.............:
3f. City.......................:
3g. State......................:
3h. Postal Code................:
3i. Country ..................:
3j. Country Code...............:
3k. Phone Number...............:
3l. Fax Number.................:
3m. E-mail Address...............:
4.Technical Contact
4a. NIC Handle (if known)......:
4b. (I)ndividual (R)ole........:
4c. Name.......................:
4d. Organization Name..........:
4e. Postal Address.............:
4f. City.......................:
4g. State......................:
4h. Postal Code................:
4i. Country.................:
4j. Country Code...............:
4k. Phone Number...............:
4l. Fax Number.................:
4m. E-mail Address.............:
5.Billing Contact
5a. NIC Handle (if known)......:
5b. (I)ndividual (R)ole........:
5c. Name.......................:
5d. Organization Name..........:
5e. Postal Address.............:
5f. City.......................:
5g. State......................:
5h. Postal Code.............:
5i. Country....................:
5j. Country Code...............:
5k. Phone Number...............:
5l. Fax Number.................:
5m. E-Mailbox..................:
6. Primary Name Server
6a. Primary Server Hostname....:
6b. Primary Server Netaddress..:
7. Secondary Name Server(s)
7a. Secondary Server Hostname..:
7b. Secondary Server Netaddress:
8. Invoice Delivery
(E)mail (P)ostal...........:
9. FEES:
An initial charge of __________will be made to register the domain name.
This charge covers any updates required during the first ________ years. This application will not be processed unless and until the Registrar has received payment of the initial charge; the application and the CORE fee must be received by the Repository Operator before the registration takes effect.
10. RIGHTS OF THIRD PARTIES:
Applicant certifies that, to her/his/its knowledge, the registration and use of the requested domain name does not violate any trademark or other rights of any other party. Applicant will indemnify Registrar, CORE, the Repository Operator, POC and WIPO against, and hold them harmless from, all costs, claims, liabilities and expenses (including attorneys fees) arising out of or in connection with any such violations.
11. INTENT TO USE THE DOMAIN NAME:
Applicant affirms that he, she or it has a bona fide intent to use the domain name publicly within 60 days of registration, and to continue such use in the foreseeable future.
12. PURPOSE OF USE OF THE DOMAIN NAME:
Applicant intends to use the domain name for the following purpose ................................................................................................................................
13. REASON FOR REQUESTING THE PARTICULAR DOMAIN NAME:
Applicant requests this domain name for the following reason (check one):
_____ Conforms to Applicant's name or variation thereof
_____ Conforms to Applicant's trademark or variation thereof
_____ Other (provide explanation)
14. OPTIONAL 60-DAY WAITING PERIOD:
_____ Applicant requests the 60-day waiting period.
15. DISPUTES BETWEEN APPLICANT AND A THIRD PARTY THAT ARE SUBMITTED BY THE THIRD PARTY TO THE ACP PROCEDURE:
Applicant acknowledges that, by virtue of the provisions of the gTLD-MoU, any third party may challenge the assignment to, and registration and use by Applicant of the domain name before an Administrative Domain Name Challenge Panel ("ACP") in accordance with the WIPO ACP Rules. Applicant further acknowledges that the decisions of an ACP may determine rights of Applicant and/or other parties with respect to the assignment, registration and use of a particular domain name, and agrees to be bound by the ACP decisions.
16. DISPUTES BETWEEN APPLICANT AND A THIRD PARTY THAT ARE BROUGHT BY THE THIRD PARTY TO MEDIATION AND/OR ARBITRATION:
Applicant agrees that any dispute, controversy or claim ("Claim") between Applicant and a third party, arising out of or relating to this application for, and registration and use of, the domain name shall, upon the filing of a Request for Mediation by the third party with the WIPO Center, be submitted to on-line mediation in accordance with the WIPO On-Line Mediation Rules. Applicant further agrees that, to the extent (a) any such Claim has not been settled pursuant to such mediation within 30 days of the commencement of the mediation, or (b) before the expiration of such 30 day period, either party fails to participate or to continue to participate in the mediation, the Claim shall, upon the filing of a Request for Arbitration by the third party, be referred to and finally determined by on-line arbitration in accordance with the WIPO On-Line Expedited Arbitration Rules. Such arbitration procedure shall not be implemented if Applicant declines mandatory submission to arbitration by checking the box below. The language to be used in the mediation or arbitration shall be English, unless the parties agree otherwise. Whether or not the parties decide that an in-person hearing is necessary, the place of arbitration shall be deemed to be, unless the parties agree otherwise, either the location of Applicant as indicated in the Registration Agreement or the location of the Registrar, at the option of the third party.
__ Applicant declines mandatory submission to arbitration in the case of Claims referred to in the paragraph above.
17. DISPUTES BETWEEN APPLICANT AND A THIRD PARTY THAT ARE SUBMITTED BY THE THIRD PARTY TO COURT JURISDICTION:
Applicant submits to the personal and subject matter jurisdiction and venue of a competent tribunal in the country where the Registrar resides for purposes of any action brought under applicable trademark law, unfair competition laws, or similar/related laws arising out of actual or intended use of the domain name applied for; and Applicant waives all rights to challenge such personal jurisdiction, subject matter jurisdiction and/or venue.
18. DISPUTES BETWEEN APPLICANT AND REGISTRAR AND/OR CORE:
Applicant agrees that any dispute, controversy or claim between Applicant and Registrar and/or CORE arising out of or relating to this application or registration made upon this application are to be settled by arbitration in accordance with the WIPO On-Line Expedited Arbitration Rules. Unless otherwise agreed, the arbitral procedure shall be conducted in the English language. Whether or not the parties decide that an in-person hearing is necessary, the place of arbitration shall be deemed to be, unless the parties agree otherwise, the location of the Registrar. Applicant acknowledges that the Registrar and CORE are bound by the decisions and results of the ACP, Mediation and Arbitration procedures administered by the WIPO Arbitration and Mediation Center.
19. LAME DELEGATION:
The domain name registration is subject to cancellation for lame delegation.
20. SURVIVAL OF OBLIGATIONS
If this application is accepted, all obligations of Applicant pursuant to this application shall survive acceptance of the application and shall remain binding upon Applicant after the registration takes effect.
21. CERTIFICATION
Applicant certifies that it has read the above Registration Application Form and completed it truthfully and accurately. Applicant agrees that the registration of the domain name is subject to the provisions of this Registration Application Form, and any other applicable registration conditions as may be established by CORE.