New sTLD Application:

New sTLD Application Transmittal Form

(Draft for public comment)

Posted: 24 June 2003

New sTLD Application Transmittal Form

An application is hereby made to sponsor a new sponsored top-level domain within the Internet Domain Name System (DNS) in response to ICANN’s Request for Proposals dated [24 June 2003].

C1. The applicant under this application is:

[INSTRUCTION: Check only one item below.]

( ) 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).

C2. Relationship to Fall 2000 applicant:

[INSTRUCTION: Check only one item below. If the second box below is checked, attach directly to this transmittal form a sheet or sheets providing this information. Place the legend “C2: Evidence of Relationship and Authorization from Original Applicant” at the top of each page of the attachment.]

( ) This application is submitted by the original applicant from the Fall 2000 request for proposals for new sTLDs.

( ) This application is submitted by an authorized successor or assign of an original applicant from Fall 2000, authorized to act on behalf of the original applicant in submitting this Application Form (see Appendix B to the New sTLD Request for Proposals), for the same name(s) and substantially the same purposes as defined in the original application. Affiliates and successors are required to attach information to this Application Form providing detail on their relationship with the original applicant and evidence of their authorization from the original applicant.

C3. Attach a list of the full legal name, principal address, telephone and fax numbers, and e-mail address of the sponsoring organization, or, if not yet formed, every one of the persons proposed to be directors and officers of the organization once formed.

[INSTRUCTION: Attach directly to this transmittal form a sheet with this information. Place the legend “C3: Applicants” at the top of each page of the attachment.]

C4. The person signing below certifies that (a) he or she has full authority to make this application on behalf of the applicant and to make and fulfill all agreements, representations, waivers, and undertakings stated in this transmittal form and accompanying materials; copies of the documents demonstrating this authority are attached and (b) all information contained in this application transmittal form and accompanying documents is true, accurate and complete to the best of the person’s and the applicant’s knowledge and information. The undersigned acknowledges on his or her own behalf and that of the applicant that any material misstatement or misrepresentation (or omission of material information) will reflect negatively on any application.

[INSTRUCTION: Attach directly to this transmittal form the documentation of the authority of the person signing. Place the legend “C4: Authorization” at the top of each page of these attachments.]

C5. All documents linked directly or indirectly from the “Request for Proposals” posted at [http://www.icann.org/tlds/new-stld-rfp/new-stld-rfp-24jun03.htm] have been thoroughly reviewed on behalf of applicant. In particular, each of those documents incorporated into Appendix D of the RFP have been reviewed and considered in their entirety.

The applicant (or, if there are multiple applicants, each applicant) understands that failure to fully follow instructions or the requirements set forth for each of the documents transmitted with this Application Transmittal Form will be a factor negatively affecting consideration of this application.

C6. This application consists of the following, in addition to this transmittal form:

C6.1. The New sTLD Sponsoring Organization's Proposal, with cover sheet and attachments and accompanying materials, including a Letter of Commitment or contract for registry services from the proposed registry operator.

[INSTRUCTION: With this transmittal form, submit a clearly labeled and separately bound New sTLD 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.]

C6.2. If Option B below is checked, attach the Registry Operator’s Proposal together with accompanying documents and materials. If Option A below is checked, you need only include a Letter of Commitment or contract for registry services from the proposed existing ICANN-accredited registry operator.

C6.2.1 Please check which option the applicant elects to use for selection of a registry operator:

[ ] Option A: The sponsoring organization proposes to select a registry operator that is listed in Appendix C of the Request for Proposals, and that is currently operating its own registry in substantial compliance with its existing agreement with ICANN.

[ ] Option B: The sponsoring organization proposes to select a registry operator that is not listed in Appendix C of the Request for Proposals.

[INSTRUCTION: With this transmittal form, if Option B is checked, submit a clearly labeled and separately bound Registry Operator's Proposal prepared by the proposed registry operator with accompanying documents and materials; if Option A is checked, submit a Letter of Commitment or contract for registry services from the proposed registry operator.]

C6.3. Fitness Disclosure of Sponsoring Organization.

[INSTRUCTION: 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.]

C6.4. Fitness Disclosure of Registry Operator.

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

C7. This application is accompanied by a CD-ROM containing files with items C6.1, C6.2, C6.3 and C6.4 above. Each item is provided as an Adobe pdf (Portable Document Format) file.

[INSTRUCTION: Submit the CD-ROM with the application, and e-mail the pdf files to [stld-applications@icann.org].]

C8. Check one:

( ) 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 25,000 United States dollars.

( ) At least five business days before submitting this application, the applicant has sent 25,000 United States dollars by wire transfer to:

Internet Corporation for Assigned Names and Numbers
Account number 09142-07182
Routing indicator 121000358
SWIFT Code BofAUS3N
Bank of America Branch 0914
4754 Admiralty Way
Marina del Rey, CA 90292 USA
Telephone +1/310/247-2080

This application must also be 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 $25,000 is only an application fee to obtain consideration of this application; that the fee will not be refunded or returned in any circumstances; that there is no understanding, assurance, or agreement that this application will be selected for discussion toward entry of a Model Agreement (Appendix A to the RFP); or that establishment of an sTLD as sought in this application will be the result. The applicant (or, if there are multiple applicants, each applicant) understands and acknowledges that ICANN has the right to reject all applications for new sponsored top-level domains that it receives and that there is no assurance that any additional sponsored top-level domain will be created in the future. The decision as to whether to proceed with review and consideration of applications submitted for the purpose of establishing one or more new sTLDs is entirely at ICANN’s discretion.

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

C9. In the event multiple TLD strings are proposed in this application (up to three may be proposed, ranked in order of preference), 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 three strings and (b) that, if ICANN determines in its sole discretion that one or more parts of the application submission materials 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.

C10. The applicant (or, if there are multiple applicants, each applicant) hereby authorizes ICANN to:

C10.1. 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;

C10.2. 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; and

C10.3. consult with persons of ICANN's choosing regarding the information in this application or otherwise coming into ICANN's possession.

C11. 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.

C12. 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. The applicant(s) shall have obtained permission for the posting of any personally identifying information included in the application materials, provided that no personally identifying information other than a person’s name, current and past employment history, job related and professional activities should be included within the application materials. The applicant understands and acknowledges that ICANN does not and will not agree to keep any portion of the application or materials submitted with the application confidential. 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.

C13. 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.

C14. 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.

C15. 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 into an agreement substantively in the form of the Model Agreement, attached as Appendix A to the RFP, together with the appendices a part thereof, and that applicant's rights in connection with that top-level domain will be limited to those expressly stated in the agreement and appendices. The applicant (or, if there are multiple applicants, each applicant) understands that the form of the Model Agreement is not subject to negotiation, and the applicant must be able and willing to enter into an agreement substantively in the form of the Model Agreement in order to establish a top-level domain.

C16. If selected for execution of a Model Agreement, the applicant will contractually agree to adhere to and abide by all ICANN policies, as the same may be in effect from time to time, and uphold the same in the public arena and in dealings with third parties.

C17. In consideration of ICANN's review of the application:

C17.1. 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

C17.2. 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.

C18. Please send an e-mail to the following address acknowledging receipt of this application:

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

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, accurate and complete 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.

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Signature

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Name (please print)

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Title

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Name of Applicant Entity

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Date