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TLD Sponsorship Agreement: Attachment 2 (.aero) Posted: 20 November 2001 |
Delegated
Authority
The following areas of responsibility for development of policies for the Sponsored TLD are delegated to the Sponsor, provided the other provisions of the Agreement and its Attachments are followed:
1. Establishment of naming conventions to be used in the Sponsored TLD.
2. Restrictions on what types of people or entities may register Registered Names (which need not be uniform for all names within the Sponsored TLD), provided the scope of the Charter (Attachment 1) is not exceeded.
3. Restrictions on how Registered Names may be used (which need not be uniform for all names within the Sponsored TLD), provided the scope of the Charter (Attachment 1) is not exceeded.
4. Performance of Eligibility and Name-Selection Services (ENS Services), either directly by the Sponsor or by one or more organizations or individuals to which it delegates the responsibility for performing ENS Services, provided that (1) revenues received in connection with ENS Services are used solely to defray the cost of providing ENS Services or otherwise sponsoring the Sponsored TLD, with allowance for accumulation of reasonable operating reserves, or (2) ENS Services are outsourced on a competitive basis.
5. Mechanisms for enforcement of the policies in items 1, 2 and 3, including procedures for cancellation of registrations. See also Subsection 3.8.3.
6. Mechanisms for resolution of disputes between owners of rights in names (such as trademarks) and registrants that do not supplant ICANN's dispute-resolution policies or remedies that may be available under law.
7. Selection of the Registry Operator, provided that Sponsor shall cause a competitive rebid or rebids, open to both affiliates and non-affiliates of Sponsor, of the role of Registry Operator for all periods more than four years after the Effective Date. The competitive rebid shall be done on a basis that is transparent to the Sponsored TLD Community and equitable to all bidders. Any award of the Registry Operatorship to an affiliate of Sponsor shall not be for a term longer than four years.
8. Functional and performance specifications for Registry Services, provided that in the event that at any time more than four years after the Effective Date the Registry Operator is affiliated with the Sponsor, functional and performance specifications for Registry Services shall meet ICANN requirements (see Subsection 4.3.6.4).
9. Matters concerning the operation of the registry for the Sponsored TLD, provided that in the event that at any time more than four years after the Effective Date the Registry Operator is affiliated with the Sponsor, functional and performance specifications for Registry Services shall meet ICANN requirements (see Subsection 4.3.6.4).
10. Selection of ICANN-Accredited Registrars to act as registrars for the Sponsored TLD (see Subsection 3.6), consistent with Attachments 8 and 9.
11. Terms of agreement to be offered by the Registry Operator to ICANN-Accredited Registrars selected by Sponsor, including provisions for fair treatment by the Registry Operator of those registrars, provided that, for so long as the Registry Operator is affiliated with Sponsor, any revenues received by Registry Operator or any affiliated entity in connection with Registry Services are used solely to defray the cost of providing Registry Services or otherwise operating the Sponsored TLD, with allowance for accumulation of reasonable operating reserves. To ensure that all revenues received by the Registry Operator are used solely for the benefit of the community, the Sponsor has the obligation to review and authorize, in a manner consistent with Subsection 4.2, the prices charged by the Registry Operator. In addition, the Sponsor shall not permit the Registry Operator to charge fees for renewal of registrations of Registered Names that exceed the fees then charged for initial registrations of Registered Names.
12. Practices and performance of ICANN-Accredited Registrars selected by Sponsor with respect to Registered Names and their registration.
13. Terms of agreement between Sponsor and registrants and registrars and registrants under which Registered Names are registered.
14. Uses and practices by registrants with respect to Registered Names.
15. Procedures and schedule for the start-up of the Sponsored TLD, provided they are consistent with Attachment 8.
16. Provisions for publication of registry and registrar data consistent with the Sponsorship Agreement and Registrar Accreditation Agreements.
17. Terms of agreement between or among Sponsor, Registry Operator, registrars, other relevant entities and registrants necessary to give effect to the above.
For purposes of this Attachment, a Registry Operator is "affiliated" with Sponsor where Sponsor (including its successors and assigns, parents, subsidiaries, and divisions, and their respective directors, officers, employees, agents and representatives) has a majority equity ownership the Registry Operator or the ability to exercise managerial or operational control over the Registry Operator, both either directly or indirectly through one or more intermediaries.
(limited economic delegation: affiliated Registry Operator and competitive unaffiliated registrars)
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