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;
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 ("CORE-MoU");
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, 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) and (iii) of the gTLD-MoU, the POC may from time to time establish new terms and conditions for applications by entities desiring to be Registrars. 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) The Articles of Association of CORE, set forth at http://www.gtld-mou.org/docs/core-ass.htm, shall provide that the Articles may be amended only with the consent of the POC.
(d) 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 caused be processed all applications by entities that have applied to act as Registrars.
(e) CORE shall establish and enforce requirements that each Registrar operate in all respects consistently with the provisions of this CORE-MoU.
(f) 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.
(g) 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). In order to establish the Repositories, CORE shall proceed as set forth in Appendix E. CORE shall generate DNS zone files for use by DNS servers.
(h) 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.
(i) 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.
(j) CORE shall establish and enforce requirements that Registrars shall not register SLDs for their own account or for accounts of an Affiliate for the purpose of trafficking in SLDs for sale, resale or transfer to applicants.
(k) 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:
(ii) a fee per SLD which shall be established from time to time by CORE has been paid by the Registrar and received by CORE.
(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.
ARTICLE 7. Disputes Between Domain Name Holders and Third Parties
(a) The ACPs established pursuant to Section 8 of the gTLD-MoU shall operate in accordance with the procedural rules established by the WIPO Arbitration and Mediation Center (the "WIPO Center"), and shall apply the substantive guidelines set forth in Appendix D to this CORE-MoU.
(b) Registrars shall include in their Registration Agreements and application forms for assignment of SLDs the following paragraphs:
(II) The applicant agrees that a dispute, controversy or claim ("Claim") between the applicant and a third party, arising out of or relating to this application or any registration made upon this application shall, upon the filing of a request by a third party with the WIPO Center, be submitted to on-line mediation in accordance with the WIPO Mediation Rules. 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 Expedited Arbitration Rules. Such arbitration procedure shall not be implemented if the applicant declined 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. Where the third party chooses arbitration, the place of arbitration shall, unless the parties agree otherwise, be either the location of the applicant as indicated in the Registration Agreement or the location of the Registrar, at the option of the third party.
[ ] The applicant declines a mandatory submission to arbitration in the case of disputes between Applicant and a third party.
ADMINISTRATIVE PROVISIONS
ARTICLE 8 . General Provisions and Review
(a) This CORE-MoU shall enter into force three weeks from the date that it has been signed on behalf of the iPOC.
(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.
ARTICLE 9. Legal Terms and Conditions
Each signatory which intends to become a Registrar (referred to below as "Registrar" to distinguish it from iPOC) agrees as follows:
(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, other than those SLDs, if any, registered by the Registrar for use for its own account.
[date]
signed:
On behalf of the iPOC:
_____________________________
Etc.
(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.
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.
Purpose/Description........:
Complete Domain Name.......:
Organization or Individual Using Domain Name
Name..........:
Street Address.............:
City.......................:
State......................:
Postal Code................:
Country Code...............:
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..........:
Street Address.............:
City.......................:
State......................:
Postal Code................:
Country Code...............:
Phone Number...............:
Fax Number.................:
E-Mailbox..................:
Technical Contact
NIC Handle (if known)......:
(I)ndividual (R)ole........:
Name.......................:
Organization Name..........:
Street Address.............:
City.......................:
State......................:
Postal Code................:
Country Code...............:
Phone Number...............:
Fax Number.................:
E-Mailbox..................:
Primary Name Server
Primary Server Hostname....:
Primary Server Netaddress..:
Secondary Name Server(s)
Secondary Server Hostname..:
Secondary Server Netaddress:
1. Purpose/Description........:
2. Complete Domain Name.......:
Organization or Individual Using Domain Name
3a. Name..........:
3b. Street Address.............:
3c. City.......................:
3d. State......................:
3e. Postal Code................:
3f. Country Code...............:
3g. State or Country of Incorporation or Partnership (if applicable)................:
3h: Name and Address of a designated agent for service of process where the Registrar is located (Applicant may designate the Registrar).............:
Administrative Contact
4a. NIC Handle (if known)......:
4b. (I)ndividual (R)ole........:
4c. Name.......................:
4d. Organization Name..........:
4e. Street Address.............:
4f. City.......................:
4g. State......................:
4h. Postal Code................:
4i. Country Code...............:
4j. Phone Number...............:
4k. Fax Number.................:
4l. E-Mailbox..................:
Technical Contact
5a. NIC Handle (if known)......:
5b. (I)ndividual (R)ole........:
5c. Name.......................:
5d. Organization Name..........:
5e. Street Address.............:
5f. City.......................:
5g. State......................:
5h. Postal Code................:
5i. Country Code...............:
5j. Phone Number...............:
5k. Fax Number.................:
5l. E-Mailbox..................:
Billing Contact
6a. NIC Handle (if known)......:
6b. (I)ndividual (R)ole........:
6c. Name.......................:
6d. Organization Name..........:
6e. Street Address.............:
6f. City.......................:
6g. State......................:
6h. Postal Code................:
6i. Country Code...............:
6j. Phone Number...............:
6k. Fax Number.................:
6l. E-Mailbox..................:
Primary Name Server
7a. Primary Server Hostname....:
7b. Primary Server Netaddress..:
Secondary Name Server(s)
8a. Secondary Server Hostname..:
8b. Secondary Server Netaddress:
Invoice Delivery
9. (E)mail (P)ostal...........:
FEES:
An initial charge of __________will be made to register the Domain name.
This charge covers any updates required during the first ________ years.
Payment of the initial charge must be received by Registrar before the application takes effect; the application and the CORE fee must be received by the Repository before the registration takes effect.
RIGHTS OF THIRD PARTIES:
The party requesting registration of this name certifies that, to her/his/its knowledge, the use of this name does not violate any trademark or other rights of any other party. Registrant will indemnify Registrar, CORE, the Repository Operator and POC against, and hold them harmless form, all cost, claim, liability and expense (including attorneys fees) arising out of or resulting from any falsity or failure of the said certification.
DISPUTES BETWEEN APPLICANT AND REGISTRAR:
Applicant agrees that any disputes between Registrar and applicant arising out of or relating to this application or registration made upon this application are to be settled by on-line arbitration in accordance with the WIPO Expedited Arbitration Rules. Unless otherwise agreed, the arbitral procedure shall be conducted in the English language.
DISPUTES BETWEEN APPLICANT AND A THIRD PARTY THAT ARE BROUGHT BY THE THIRD PARTY TO ADMINISTRATIVE CHALLENGE PANELS:
The applicant acknowledges that, by virtue of the provisions of the gTLD-MoU, any third party may challenge the assignment to or use by the applicant of the domain name before an Administrative Domain Name Challenge Panel ("ACP") in accordance with the WIPO ACP Rules. The applicant further acknowledges that the decisions of an ACP may determine rights of applicant or other parties or both to the use of a particular domain name, and that, with respect to its right to use a particular domain name or names, it will be bound by ACP decisions.
DISPUTES BETWEEN APPLICANT AND A THIRD PARTY THAT ARE BROUGHT BY THE THIRD PARTY TO MEDIATION/ARBITRATION:
The applicant agrees that a dispute, controversy or claim between the applicant and a third party, arising out of or relating to this application or any registration made upon this application shall, upon the filing of a request by a third party with the WIPO Center, be submitted to on-line mediation in accordance with the WIPO Mediation Rules. If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within 30 days of the commencement of the mediation, or if, before the expiration of 30 days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the third party, unless the applicant declined mandatory submission to arbitration by checking the box below, be referred to and finally determined by on-line arbitration in accordance with the WIPO Expedited Arbitration Rules. The language to be used in the mediation or arbitration shall be English, unless the parties agree otherwise. Where the third party chooses arbitration, the place of arbitration shall, unless the parties agree otherwise, be either the location of the applicant as indicated in the Registration Agreement or the location of the Registrar, at the option of the third party.
The applicant declines a mandatory submission to arbitration in
the case of disputes between Applicant and a third party.
60-DAY WAITING PERIOD:
____ Applicant requests an optional 60-day waiting period
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 a bona fide intent to continue such use in the foreseeable future.
PURPOSE OF USE OF THE DOMAIN NAME:
The domain name will be used for the following purpose.............................:
REASON FOR REQUESTING THE PARTICULAR DOMAIN NAME:
The reason for requesting this particular domain name is that it conforms to (check one):
_____ Applicant's company name or variation thereof
_____ Applicant's trademark or variation thereof
_____ Individual Applicant's name or variation thereof
_____ Other (provide full explanation)
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 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.
LAME DELEGATION:
The domain name registration is subject to cancellation for lame delegation.
CORE shall select a Service Delivery Team (SDT) and assign it responsibility for achieving the necessary repository service features. SDT's activities shall conform to the requirements of the gTLD-MoU and the CORE-MoU.
The SDT shall comprise 10 members of the Council of Registrars, based on the membership as of 15 August 1997. The SDT shall be selected by an election, with each CORE member organization casting a total of 10 votes. These votes may be used individually or may be aggregated, applied between 1 and 10 candidates. The 10 candidates with the largest number of votes shall constitute the Service Delivery Team.
The SDT shall function as a group until disbanded by CORE.
Candidates for participation shall declare themselves to CORE
Election of SDT members
Publish Requirements, schedule, budget and development plan
Initial CORE Repository operation
The CORE Repository service must include at least:
* Technology for obtaining, maintaining, and retrieving data
* Accounting records showing registrar and registrant activity
* Financial mechanisms to notify and obtain funding from registrars
* Procedures to ensure stable, responsive, continuous operation
* Procedures to ensure sufficient support services to registrars
* Staff for operation
Technology and services must be sufficient for the immediate needs of CORE repository operation, but also must be designed for substantial growth over a number of years.
Published requirements shall provide the necessary details to describe the above services, including expected scaling. The published budget shall cover development and the first year of operation.
To the extent required to carry out its objectives, SDT shall solicit documentation of relevant, existing services, seek proposals from outside suppliers, and hire appropriate expert consultants to aid in design, selection and implementation.
Over the course of the SDT effort, regular and open reporting and review shall take place by the SDT with CORE.