Sponsored TLD Application Transmittal Form

An application is hereby made to sponsor a top-level domain within the Internet Domain Name System (DNS).
 

A1. This application is made by: [Check only one item below.]

(X) Sponsoring organization.

( ) Organization(s) or person(s) proposing to form the sponsoring organization (check this item only if the sponsoring organization has not yet been formed).

A2. A list of the full legal name, principal address, telephone and fax numbers, and e-mail address of every one of the applicants is attached.

[Attach directly to this transmittal form a sheet with this information. Place the legend "A2: Applicants" at the top of each page of the attachment.]

A3. The person signing below certifies that he or she has full authority to make this application on behalf of the above organization(s) or person(s) and to make all agreements, representations, waivers, and undertakings stated in this transmittal form and accompanying materials. Copies of the documents demonstrating the authority are attached.

[Attach directly to this transmittal form the documentation of the authority of the person signing. Place the legend "A3: Authorization" at the top of each page of these attachments.]

A4. All documents linked directly or indirectly from "TLD Application Process: Information for Applicants," posted at <> have been thoroughly reviewed on behalf of applicant. In particular, the following documents have been reviewed:

A4.1. New TLD Application Process Overview, posted at <

A4.2. New TLD Application Instructions, posted at <>.

A4.3. Criteria for Assessing TLD Proposals, posted at <

The applicant (or, if there are multiple applicants, each applicant) understands that failure fully to follow instructions included in these documents will be a factor negatively affecting consideration of this application.

A5. This application consists of the following, in addition to this transmittal form:
A5.1. The Sponsoring Organization's Proposal, with cover sheet and attachments and accompanying materials.

[With this transmittal form, submit a clearly labeled and separately bound Sponsoring Organization's Proposal prepared by the sponsoring organization or, if the sponsoring organization has not yet been formed, by the organization(s) or person(s) proposing to form the sponsoring organization.]

A5.2. The Registry Operator's Proposal, with cover sheet and attachments and accompanying materials.

[With this transmittal form, submit a clearly labeled and separately bound Registry Operator's Proposal prepared by the registry operator.]

A5.3. A Description of TLD Policies, with cover sheet and attachments and accompanying materials.

[With this transmittal form, submit a clearly labeled and separately bound Description of TLD Policies prepared by the sponsoring organization or, if the sponsoring organization has not yet been formed, by the organization(s) or person(s) proposing to form the sponsoring organization.]

A5.4. A Statement of Requested Confidential Treatment of Materials Submitted.

[Whether or not any confidential treatment is sought, please attach the Statement of Requested Confidential Treatment directly to this transmittal form. Place the legend "A5.4: Statement of Requested Confidential Treatment of Materials Submitted" at the top of every page of the statement.]

A5.5. Fitness Disclosure of Sponsoring Organization.

[With this transmittal form, submit a clearly labeled and separately bound Fitness Disclosure prepared by the sponsoring organization or, if the sponsoring organization has not yet been formed, by the organization(s) or person(s) proposing to form the sponsoring organization.]

A5.6. Fitness Disclosure of Registry Operator.

[With this transmittal form, submit a clearly labeled and separately bound Fitness Disclosure prepared by the registry operator.]

A6. This application is accompanied by one or more 3 1/2" floppy diskettes (IBM high density) or a CD-ROM containing files with items A5.1, A5.2, and A5.3 above. Each item is provided in a common word-processing format and in HTML format.

[Submit the disk(s) with the application.]

A7. Check one:

(X ) This application is accompanied by a check, drawn on a United States bank and payable to the Internet Corporation for Assigned Names and Numbers (ICANN), in the amount of 50,000 United States dollars.

( ) At least five business days before submitting this application, the applicant has sent 50,000 United States dollars by wire transfer according to item I11.2 of the New TLD Application Instructions. This application is accompanied by a wire transfer receipt or other document identifying the wire transfer.

The applicant (or, if there are multiple applicants, each applicant) understands and agrees that this $50,000 is only an application fee to obtain consideration of this application; that the fee will not be refunded or returned in any circumstances (except if this application is not considered due to failure to reach agreement on terms for confidential treatment); that there is no understanding, assurance, or agreement that this application will be selected for negotiations toward entry of agreements with registry sponsors and operators; or that, if this application is selected, the negotiations will lead to entry of such agreements or establishment of a TLD as sought in this application. The applicant (or, if there are multiple applicants, each applicant) understands and acknowledges that ICANN has the right to reject all applications for new top-level domains that it receives and that there is no assurance that any additional top-level domain will ever be created in the future.

[Be sure to include a valid check drawn on a United States bank in the full amount, or documentation of the wire transfer.]

A8. In the event multiple TLD strings are proposed in this application, the applicant (or, if there are multiple applicants, each applicant) understands (a) that all parts of the application must apply, without significant variation, to all of the strings and (b) that, if ICANN determines in its sole discretion that one or more parts (such as the Business Capabilities and Plan or the Description of TLD Policies) apply to different proposed TLD strings in a significantly different manner, the applicant may be required to elect which of the strings to pursue in this application.
 
 

A9. The applicant (or, if there are multiple applicants, each applicant) hereby authorizes ICANN to:

A9.1. contact any person, group, or entity to request, obtain, and discuss any documentation or other information that, in ICANN's sole judgment, may be pertinent to this application,
 

A9.2. take any other steps to verify, elaborate on, supplement, analyze, assess, investigate, or otherwise evaluate the information contained in this application or other information that, in ICANN's sole judgment, may be pertinent to this application,
 

A9.3. consult with persons of ICANN's choosing regarding the information in this application or otherwise coming into ICANN's possession.

A10. The applicant (or, if there are multiple applicants, each applicant) understands that difficulties encountered by ICANN in verifying, elaborating on, supplementing, analyzing, assessing, investigating, or otherwise evaluating any aspect within or related to this application may reflect negatively on the application. In consideration of ICANN's review of the application, the applicant (or, if there are multiple applicants, each applicant) hereby waives liability on the part of ICANN (including its officers, directors, employees, consultants, attorneys, and agents) for its (or their) actions or inaction in verifying the information provided in this application or in conducting any other aspect of its (or their) evaluation of this application. The applicant (or, if there are multiple applicants, each applicant) further waives liability on the part of any third parties who provide information to ICANN or its officers, directors, employees, consultants, attorneys, and agents in connection with the application

A11. The applicant (or, if there are multiple applicants, each applicant) hereby authorizes ICANN (and its officers, directors, employees, consultants, attorneys, and agents) to publish on ICANN's web site, and to disclose or publicize in any other manner, all materials submitted to, or obtained or generated by, ICANN (or its officers, directors, employees, consultants, attorneys, and agents) in connection with the application, including ICANN's (or their) evaluations and analyses in connection with the application or ICANN's investigation or evaluation of the application, except to the extent set forth in a written and duly signed agreement between ICANN and the applicant on the terms for confidential treatment of particular materials or information submitted by applicant. The applicant (or, if there are multiple applicants, each applicant) grants ICANN and its officers, directors, employees, consultants, attorneys, and agents a license to use any copyright or other intellectual property that applicant may have in any portion of the application for this purpose.

A12. The applicant (or, if there are multiple applicants, each applicant) hereby gives ICANN permission to use the applicant's name and/or logo in ICANN's public announcements (including informational web pages) relating to top-level domain space expansion.

A13. The applicant (or, if there are multiple applicants, each applicant) hereby agrees, acknowledges, and represents that it has no legally enforceable right to acceptance or any other treatment of this application or to the delegation in any particular manner of any top-level domain that may be established in the authoritative DNS root. It further agrees, acknowledges, and represents that it has no legally enforceable rights in, to, or in connection with any top-level domain by virtue of its preparation or submission of this application or by virtue of ICANN's receipt of this application, ICANN's acceptance of the application fee, ICANN's consideration or other handling of this application, or statements made in connection with this or other applications ICANN receives.

A14. The applicant (or, if there are multiple applicants, each applicant) understands and agrees that it will acquire rights in connection with a top-level domain only in the event that it enters one or more written, duly signed agreements with ICANN, and that applicant's rights in connection with that top-level domain will be limited to those expressly stated in the written, duly signed agreements.

A15. In consideration of ICANN's review of the application: A15.1. the applicant (or, if there are multiple applicants, each applicant), for itself and each of its officers, directors, employees, consultants, attorneys, agents, partners, and joint venturers, hereby agrees that neither ICANN, nor any of its officers, directors, employees, consultants, attorneys, and agents, shall have any liability for its/his/her receipt, consideration, evaluation, analysis, or other activities in any way connected with this application; and

A15.2. the applicant (or, if there are multiple applicants, each applicant) hereby releases and forever discharges ICANN and each of its officers, directors, employees, consultants, attorneys, and agents from any and all claims and liabilities relating in any way to (a) any action or inaction by or on behalf of ICANN in connection with this application or (b) the establishment or failure to establish a new TLD.
A16. Please send an e-mail to the following address acknowledging receipt of this application:

[Please fill in the e-mail address to which an acknowledgment should be sent.]
 
 

Cary Karp: ck@nrm.se

Ken Hamma: khamma@getty.edu
 
 

By signing this transmittal form, the undersigned certifies, on his or her own behalf and on behalf of each applicant, that all information contained in this application, and in all supporting documents included with this application, is true and accurate to the best of his/her/its knowledge and information. The undersigned and the applicant (or, if there are multiple applicants, each applicant) understand that any material misstatement or misrepresentation will reflect negatively on this application and may cause cancellation of any delegation of a top-level domain based on this application.
 
 

_______________________________

Signature
 

Kenneth Hamma
Name (please print)

Director
Title

Museum Domain Management Association
Name of Entity to Which Title Applies

October 2, 2000
Date
 
 

(c) 2000 The Internet Corporation for Assigned Names and Numbers

All rights reserved.
 
 

Updated 1 September 2000


Responses to Questions

A2. A list of the full legal name, principal address, telephone and fax numbers, and e-mail address of every one of the applicants is attached.

[Attach directly to this transmittal form a sheet with this information. Place the legend "A2: Applicants" at the top of each page of the attachment.]
 

RESPONSE

The legal name of the Applicant is the Museum Domain Management Association. During ICANNís application process, all correspondence and materials should be directed to:
Cary Karp
Director Department of Information Technology
Swedish Museum of Natural History
Svante Arrheniusv. 3
Box 50007
104 05 Stockholm
Sweden

Email: ck@nrm.se
Phone: +46 8 5195 4055
Fax: +46 8 5195 4235

AND

Kenneth Hamma, Assistant Director
The J. Paul Getty Museum
1200 Getty Center Drive
Suite 1000
Los Angeles, CA 90049

Email: khamma@getty.edu
Phone: 310-440-7186
Fax: 310-440-7752Paul Getty Museum


A3. The person signing below certifies that he or she has full authority to make this application on behalf of the above organization(s) or person(s) and to make all agreements, representations, waivers, and undertakings stated in this transmittal form and accompanying materials. Copies of the documents demonstrating the authority are attached.

[Attach directly to this transmittal form the documentation of the authority of the person signing. Place the legend "A3: Authorization" at the top of each page of these attachments.]
 

RESPONSE

Please see the Resolution of the MDMAís Board of Directors, attached, authorizing Kenneth Hamma to sign and submit this Application.


THE MUSEUM DOMAIN MANAGEMENT ASSOCIATION

Minutes of the Organizational Meeting of Directors

September 29, 2000

The organizational meeting of the Board of Directors of the Museum Domain Management Association was called by Kenneth Hamma and Deborah Gribbon, and was convened, on September 29, 2000, in the country of France and the city of Paris, at 6:15 PM local time. Present at the Organizational Meeting were Kenneth Hamma, Edward G. Black, Esq. and Steven Baglio, Esq. Also present by telephone were Manus Brinkmann, Cary Karp, Jacques Perot, Bernice Murphy, Deborah Gribbon, Steven Juarez and Maureen Whalen.

Mr. Hamma and Ms. Gribbon called the meeting to order, whereupon the roll was called and the ability of each of the above participants to hear the others was confirmed.

Then, on motion made and duly seconded, it was hereby:
 
 

Ratification of Acts of Incorporator
RESOLVED: That all the acts of the Incorporator are ratified, approved and adopted as duly authorized acts of this Corporation. Classification of Directors RESOLVED: That Bernice Murphy and Jacques Perot be, and they hereby are, elected to serve as directors in the classes listed by their respective names below:

Jacques Perot Class I
Bernice Murphy Class II

Election of Directors RESOLVED: That the directors identified immediately below shall be, and are, placed in the following classes set forth opposite their respective names, as directors elected by ICOM, to serve in accordance with the By-laws:

Deborah Gribbon Class I
Kenneth Hamma Class III
  Officers RESOLVED: That the following persons be, and they hereby are, elected to the offices set forth opposite their respective names, to serve in accordance with the By-laws:

President Cary Karp
Secretary Manus Brinkmann
Treasurer Steven Juarez
 

Assistant Secretary Edward G. Black, Esq.
Assistant Secretary Steven Baglio, Esq.

Bank Accounts RESOLVED: That the Board of Directors ratify and adopt, and it hereby ratifies and adopts, the actions taken by Mr. Steven Juarez, as a promoter of the Corporation, in opening bank accounts on behalf of the Corporation.
  Filing of Applications and Forms RESOLVED: That the officers of this Corporation be, and they hereby are, and each of them singly is, authorized in the name and on behalf of this Corporation, to file all applications and forms with the Internal Revenue Service and other appropriate government authorities necessary to secure the Corporationís legal status as a tax-exempt trade association, (including without limitation Internal Revenue Service Form 1024).
 

RESOLVED: That Kenneth Hamma be, and he hereby is, authorized in the name and on behalf of this Corporation, to (i) file an application with the Internet Corporation for Assigned Names and Numbers ("ICANN"), substantially in the form submitted prior to this meeting to the Board of Directors, with such changes as Mr. Hamma may by his or her execution and delivery of such application approve, such execution and delivery to be conclusive evidence that the filing of such application has been approved by the Board of Directors; and (ii) file all other applications, forms and proposals with the Internet Corporation for ICANN as necessary to form, sponsor and operate a new top-level domain for the global community of museums, and to act as registrar for such domain.
 
 

Agreement for Services Related to Registration of Top-Level Domain Names

RESOLVED: That Kenneth Hamma and Cary Karp be, and they hereby are, and each of them acting singly is, authorized in the name and on behalf of this Corporation, under its corporate seal, if desired, to negotiate a definitive agreement with CORE for the provision of services related to maintaining a top-level domain registry, on commercially reasonable terms, a final version of such definitive agreement to be brought before the Board for subsequent approval of its final terms.

Reimbursement of Expenses RESOLVED: That, upon the occurrence of conditions to be determined by vote of the Board, each Founder Member be reimbursed by the Corporation for all reasonable out-of-pocket expenses incurred in establishing the Corporation and funding the Corporationís activities.
  Date of Annual Meeting of Members RESOLVED: That the date of the first annual meeting of members be, and it hereby is, set for July 8, 2001, in the country of Spain and the city of Barcelona, the specific time of day and place of such meeting to be determined by the Secretary of the Corporation in consultation with the directors of the Corporation.
  Date of Next Meeting of the Board of Directors RESOLVED: That the next meeting of the Board of Directors shall take place by telephonic conference on December 4, 2000, the specific time of such meeting to be determined by the Secretary in consultation with the directors of the Corporation.
  General RESOLVED: That the officers are, and each of them acting singly is, authorized from time to time in the name and on behalf of this Corporation, under its corporate seal, if desired, to execute, make oath to, acknowledge, deliver and file any and all of the agreements, instruments, certificates and documents referred to in the preceding Resolutions, with such changes as the officer so acting may deem necessary or desirable, and to take or cause to be taken all other actions in connection with the transactions which are referred to in, or contemplated by, the preceding Resolutions, as may be shown by the officer's execution or performance to be in the officer's judgment necessary or desirable, the taking of such action by an officer of this Corporation to be conclusive evidence that the same is authorized by the directors of this Corporation.
  All of the above resolutions were carried unanimously.
On motion made and then seconded, the meeting was then adjourned.
The minutes of this meeting shall be filed appropriately, with the other minutes of meetings of the directors of this Corporation.
 

Edward G. Black, Esq.

__________________________________
Secretary Pro Tempore
 

DATED: September 29, 2000