TLD Application: Statement
of Requested Confidential Treatment of Materials Submitted
15 August 2000
Statement of Requested Confidential
Treatment of Materials Submitted
FOR CONFIDENTIAL TREATMENT OF MATERIALS SUBMITTED.
ICANN intends to evaluate applications
to sponsor or operate new TLDs in as open and transparent a manner
as is reasonably feasible. At the same time, however, ICANN recognizes
that to encourage applicants to provide all documents and information
relevant to the application, it is appropriate to afford applicants
the opportunity to submit legitimate trade-secret information
with a request for confidential handling by ICANN.
Except to the extent that it expressly
agrees otherwise in writing, ICANN will be free to disclose and
use information submitted in connection with an application in
any manner and to anyone it deems appropriate. If the applicant
wishes ICANN to accord confidential treatment to any material
in its application or otherwise submitted in connection with
the application, the applicant must expressly request confidential
treatment of that material in this statement and mark the material
with the legend "CONFIDENTIAL." Applicants are strongly
encouraged to avoid, or at least to minimize, requests for confidential
treatment of material in applications or submitted in connection
Any request for confidential handling will
be reviewed for confidentiality by ICANN staff before further
consideration of the material to which the request relates. ICANN
staff will promptly notify the applicant of the extent to which
ICANN is willing to agree to treat the designated material in
a confidential manner and the manner in which ICANN is willing
to handle that material, requesting a response from the applicant
within two business days. If ICANN is not willing to agree to
the applicant's request for confidential handling in its entirety,
ICANN and the applicant will discuss the matter in an effort
to reach a written agreement on confidential treatment of materials.
Only a written agreement, signed by ICANN's President or Vice-President,
will be binding on ICANN.
In the event ICANN and the applicant do
not agree on provisions for confidential treatment within a period
designated by ICANN, ICANN will, to the extent of the disagreement,
delete all material submitted by applicant that is subject to
applicant's request for confidentiality. The deleted information
will then cease to be part of the applicant's application and
will not be considered by ICANN staff in reviewing the application,
nor will the deleted information be disclosed or otherwise used
by ICANN. After being advised of what has been deleted, the applicant
will be offered (for two business days) the opportunity to withdraw
the application and obtain a refund of the US$50,000 application
fee. ICANN intends to use reasonable efforts to meet the requirements
of this section I, but shall not be liable for
failing to meet them.
REQUEST FOR CONFIDENTIAL TREATMENT.
F1. The applicant's full
legal name is:
Please insert the full legal name of the applicant. Where there
are multiple applicants (this can occur in certain applications
for sposored TLDs), please insert all of their full legal names.]
F2. Does the applicant
request confidential treatment of any portion of the application
or any material submitted in connection with the application?
Answer "yes" or "no".]
F3. If the response to
item F2 is yes, please provide, on sheets of
paper attached to this Statement of Requested Confidential Treatment
of Materials Submitted, the following information for each set
of material as to which the applicant requests confidential treatment:
Attach sheets stating the information requested in items F3.1, F3.2, and F3.3.]
F3.1. Clearly identify
exactly what material is subject to the request for confidential
treatment. The identification should state the general nature
of the material (e.g., "Description of Sources of Financing")
and precisely and clearly state every place in the application
or material submitted where the material appears (e.g., "the
first full paragraph on page 48 of the Registry Operator's
In addition, be sure to place the legend "CONFIDENTIAL"
on each part of your overall application that you identify in
response to this item.]
F3.2. State what restrictions
on disclosure, use, and handling of the material is requested.
F3.3. Provide a justification
for why the material should be treated confidentially and why
the restrictions on disclosure, use, and handling are appropriate.
By signing this Statement of Requested
Confidential Treatment of Materials Submitted, the undersigned
certifies that he or she has authority to do so on behalf the
applicant (or applicants, where there is more than one). The
undersigned agrees on behalf of himself or herself and the applicant(s)
to the procedure described in section I of this
statement and that there is no claim to confidential treatment
for any material submitted by applicant(s) not clearly identified
in response to item F3.1 and marked "CONFIDENTIAL."
The undersigned agrees, on his or her own behalf and on behalf
of the applicant(s) and each of its (or their) officers, directors,
employees, consultants, attorneys, agents, partners, and joint
venturers, that neither ICANN, nor any of its officers, directors,
employees, consultants, attorneys, and agents, shall have any
monetary liability for disclosure or use of submitted materials
contrary to the procedure described in section I
of this statement, except where that disclosure or use is done
to maliciously harm applicant(s).
Name (please print)
Name of Applicant(s)
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