.org Application Transmittal Form
Posted: 20 May 2002
.org Application Transmittal Form
[Instructions: Please replace the bracketed, italicized portions below with the information requested, check one of the alternatives in item B6, and complete the signature block of this form. No other changes should be made to this form.]
An application is hereby made to become the successor operator of the registry for the .org top-level domain.
[List the full legal name, principal address, telephone and fax numbers, and e-mail address of the applicant.]
B2. The person signing below certifies that he or she has full authority to make this application on behalf of the applicant and to make all agreements, representations, waivers, and undertakings stated in this transmittal form and accompanying materials. Copies of the documents demonstrating the authority (such as a certificate from the applicant's corporate secretary) are attached.
[Attach directly to this transmittal form the documentation of the authority of the person signing. Place the legend "B2: Authorization" at the top of each page of these attachments.]
B3. All documents linked directly or indirectly from ".org Application Process: Information for Applicants," posted at <http://www.icann.org/tlds/org/> have been thoroughly reviewed on behalf of applicant. In particular, the following documents have been reviewed:
The applicant understands that failure fully to follow instructions included in these documents will be a factor negatively affecting consideration of this application.
B5. This application is accompanied by one or more 3½" floppy diskettes (IBM high density) or a CD-ROM containing files with item B4.1 above in the formats specified by item A9 of the Application Iinstructions.
[Submit the disk(s) with the application.]
The applicant understands and agrees that this US$35,000 is only an examination fee (established on an interim basis) to obtain consideration of this application; that the fee will be refunded or returned only in the following two circumstances: (a) a rebate is made in ICANN's sole discretion according to item A24 of the .org Top-Level Domain Application Instructions and (b) in the event that the applicant withdraws this application prior to its consideration because the applicant and ICANN do not reach an agreement on confidential treatment of the application. (See section I of the Statement of Requested Confidential Treatment of Materials Submitted for details on this exception.) Under no circumstances will ICANN's failure to select this application be grounds for refund of all or any part of the examination fee.
The applicant also understands and agrees that there is no understanding, assurance, or agreement that this application will be selected for negotiations toward entry of a .org registry agreement; or that, if this application is selected, the negotiations will lead to entry of such an agreement or appointment of the applicant as the successor operator of the registry for the .org top-level domain. The applicant understands and acknowledges that ICANN has the right to reject all applications to become the successor operator for the .org registry that it receives.
[Be sure to include a valid check drawn on a United States bank in the full amount, or documentation of the wire transfer.]
The above authorizations do not authorize ICANN to disclose, use, or handle properly designated confidential materials contrary to a written agreement, signed by ICANN's President or Vice-President, entered according to the procedures described in section I of the Statement of Requested Confidential Treatment of Materials Submitted.
B8. The 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 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 waiver of liability in the immediately preceding sentence is subject only to any requirements concerning disclosure, use, and handling of properly designated confidential materials that are expressly stated in a written agreement, signed by ICANN's President or Vice-President, entered according to the procedures described in section I of the Statement of Requested Confidential Treatment of Materials Submitted.) The 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.
B9. The 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 (see section I of the Statement of Requested Confidential Treatment of Materials Submitted for details). The 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.
B10. The 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 the reassignment of the .org top-level domain.
B11. The 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 the .org top-level domain. It further agrees, acknowledges, and represents that it has no legally enforceable rights in, to, or in connection with the .org 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 examination fee, ICANN's consideration or other handling of this application, or statements made in connection with this or other applications ICANN receives.
B12. The applicant understands and agrees that it will acquire rights in connection with the .org 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 the .org top-level domain will be limited to those expressly stated in the written, duly signed agreements.
[Please fill in the e-mail address to which an acknowledgement should be sent.]
By signing this transmittal form, the undersigned certifies (a) that he or she has authority to do so on behalf of the applicant and, (b) on his or her own behalf and on behalf of the applicant, that all information contained in this application, and 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 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.
Summary of changes from prior draft:
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