|
|
Model ccTLD
Sponsorship AgreementTriangular Situation
(Second Version)
Posted: 16 December
2001
|
Model
ccTLD Sponsorship Agreement
Triangular Situation
This ccTLD Sponsorship Agreement
("Agreement") is by and between the Internet Corporation for
Assigned Names and Numbers, a not-for-profit corporation, and the [insert
name of Sponsoring Organization], a [describe form of Sponsoring Organization]
created under the laws of [insert name of country/territory].
1 Recitals
1.1
ICANN is a non-profit corporation formed on 30 September 1998 for
purposes of providing technical-coordination functions for the Internet
in the public interest. Among ICANN's responsibilities is to oversee
operation of the Internet's Authoritative Root-Server System.
1.2
The [insert name of organization] is a [describe form of Sponsoring
Organization] created under the laws of [insert name of country/territory]
on [insert date of organization] with the intention of managing the
.[insert Delegated ccTLD code] top-level domain in the public interest.
1.3
[Note: This recital describes
the sequence of events by which the IANA has designated the sponsoring
organization, administrative contact, and technical contact for the
ccTLD. In cases of an extended sequence, a series of recital paragraphs
should be included.] On [insert date of delegation],
the Internet Assigned Numbers Authority (the IANA), a function performed
by ICANN, recognized [insert name of Sponsoring Organization] as the
Sponsoring Organization, [insert name of administrative contact] as
the administrative contact, and [insert name of technical contact]
as the technical contact for the .[insert Delegated ccTLD code] top-level
domain. [If there is a relevant IANA Report:] A report prepared by
the IANA on [describe nature of the relevant IANA Report] appears
as Annex 1 to this Agreement.
1.4
[Note: This recital describes
the communication (often an agreement) between the Governmental Authority
and the Sponsoring Organization. In some cases, there will be a series
of agreements, memoranda of understanding, laws, regulations, and
other written instruments making up the overall "communication."
In these cases, one or more recitals should be included at this point
giving the details.] The Effective [insert date of
communication between Sponsoring Organization and Governmental Authority],
[insert name of Sponsoring Organization], and [insert name of Governmental
Authority, such as "the Government of Canada, represented by
its Minister of Industry"] entered into a [insert name of communication
between Sponsoring Organization and Governmental Authority] by which
[insert name of Governmental Authority] designated [insert name of
Sponsoring Organization] to manage, operate, and control the .[insert
Designated ccTLD code] domain space. The [insert name of communication]
appears as Annex 2 to this Agreement.
1.5
[Note: This recital describes
the communication (often a letter) between the Governmental Authority
and ICANN. In some cases, there will be a series of written instruments
making up the overall "communication." In these cases, one
or more recitals should be included at this point giving the details.]
On [insert date of communication between Governmental Authority and
ICANN], by a [insert type (e.g., "letter") or name of communication
between Governmental Authority and ICANN] signed by [include name
of authorized representative of Governmental Authority], [insert name
of Government Authority] formally designated [insert name of Sponsoring
Organization] as its designee to be the .[insert Delegated ccTLD code]
delegee. The [insert name of communication between Governmental Authority
and ICANN] appears as Annex 3 to this Agreement.
1.6
On [insert name of Sponsoring Organization representative], the [insert
name of organization], wrote a letter to [insert name of ICANN representative]
that [insert name of Sponsoring Organization] was prepared to enter
into a legally binding agreement with ICANN committing [insert name
of Sponsoring Organization] to perform various obligations with respect
to operation of the .[insert Delegated ccTLD code] top-level domain
in the public interest. The [insert date of letter] letter appears
as Annex 4 to this Agreement.
1.7
[insert name of Sponsoring Organization] and ICANN desire for the
[insert name of Governmental Authority] to assume responsibility for
overseeing the interest of [insert name of country/territory] and
its Internet community in management and administration of the .[insert
Designated ccTLD code] top-level domain, with ICANN continuing its
role of preserving the technical stability and operation of the DNS
and Internet in the interest of the global Internet community. To
implement an allocation of the respective responsibilities of the
[insert name of Governmental Authority] and ICANN with respect to
the .[insert Designated ccTLD code] top-level domain on that basis,
and in view of the communications described in Sections 1.4
and 1.5 above, [insert name of Sponsoring Organization]
and ICANN now enter into this Agreement to formally reflect their
commitments to one another.
2 Definitions
2.1
The "Authoritative-Root Database" refers to the database
described in Section 3.2.
2.2
The "Authoritative Root-Server System" means the constellation
of DNS root nameservers specified, from time to time, in the file
ftp://ftp.internic.net/domain/named.root>.
2.3
Unless otherwise specified, "days" refers to calendar (rather
than business) days.
2.4
The "Delegated ccTLD" means to the .[insert Delegated ccTLD
code] top-level domain of the Internet domain-name system.
2.5
"DNS" refers to the Internet domain-name system.
2.6
"Governmental Authority" means the Government of [insert
name of country/territory, such as "Canada"], as represented
by its [insert agency/official representing Governmental Authority,
such as " Minister of Industry"].
2.7
The "Governmental Communication" means the laws, regulations,
agreements, documents, contracts, memoranda of understanding, and
other written instruments regulating the relationship between the
Sponsoring Organization and the Governmental Authority. The Governmental
Communication at the commencement of this Agreement is described in
Section 1.4.
2.8
"ICANN" refers to the Internet Corporation for Assigned
Names and Numbers, a non-profit corporation incorporated under the
laws of California, USA, a party to this Agreement, or its assignee.
2.9
The "Sponsoring Organization" and "[insert acronym
of Sponsoring Organization if applicable]" refer to the [insert
formal name of Sponsoring Organization], [describe form of Sponsoring
Organization] created under the laws of [insert name of country/territory],
a party to this Agreement, or its assignee.
2.10
The "Term of this Agreement" begins on the date when this
Agreement is first signed on behalf of both parties and extends until
this Agreement is terminated.
3 ICANN
Obligations
3.1
Recognition of the Sponsoring Organization. ICANN hereby recognizes
the Sponsoring Organization as the manager of the Delegated ccTLD
during the Term of this Agreement.
3.2
Authoritative-Root Database. ICANN shall maintain, or cause
to be maintained, a stable, secure, and authoritative database (referred
to in this Agreement as the "Authoritative-Root Database")
of relevant information about TLDs maintained in the Authoritative
Root-Server System. For the Delegated ccTLD, the Authoritative-Root
Database shall contain information about at least the Sponsoring Organization,
the administrative contact, the technical contact, and the nameservers.
3.3
Designation of Administrative and Technical Contacts. At the
commencement of the Term of this Agreement, the administrative and
technical contacts for the Delegated ccTLD shall be as stated on Attachment
A. From time to time during the Term of this Agreement, the Sponsoring
Organization may, by notifying ICANN in writing, request a change
in the designation of the administrative or technical contact. The
administrative contact must reside in the territory of the Governmental
Authority during the entire period he or she is designated as such.
The request for designation of an administrative or technical contact
must be made by the Sponsoring Organization and be accompanied by
complete and accurate contact information for the newly designated
contact according to Section 4.4. ICANN shall implement
a request to change the administrative or technical contact for the
Delegated ccTLD in the Authoritative-Root Database within seven days
after ICANN is reasonably satisfied that the request is genuine and
meets the requirements of this Section 3.3.
3.4
Updating of Nameserver Information. At the commencement of
the Term of this Agreement, the host names and IP addresses of the
nameservers for the Delegated ccTLD shall be as stated on Attachment
A. From time to time during the Term of this Agreement, the Sponsoring
Organization may, by notifying ICANN, request a change in the host
name or IP address(es) of the nameservers for the Delegated ccTLD
reflected in the Authoritative-Root Database. The initial format and
technical requirements for such requests are set forth in Attachment
B. Changes to the format requirements may be made by ICANN upon
thirty days written notice to the Sponsoring Organization. Changes
to the technical requirements may be made only with the mutual written
consent of ICANN and the Sponsoring Organization (which neither party
shall withhold unreasonably) or in the manner provided in Section
5. ICANN shall implement a request for a change to nameserver
data for the Delegated ccTLD in the Authoritative-Root Database within
seven days after ICANN is reasonably satisfied that the request is
genuine and meets the requirements of this Section 3.4.
3.5
Implementation of Updates to Contact Information. ICANN shall
implement a request submitted by the Sponsoring Organization under
Section 4.4 to revise contact information in the
Authoritative-Root Database within seven days after ICANN is reasonably
satisfied that the request is genuine and meets the requirements of
Section 4.4.
3.6
Publication of Root-Zone Whois Information. ICANN shall publish,
or cause to be published, data maintained in the Authoritative-Root
Database about the Delegated ccTLD. The published data shall include
at least the names of the Sponsoring Organization, the Administrative
Contact, and the Technical Contact. The specification of the data
elements published, the means of publication, and the update frequency
of the publication initially shall be as provided in Attachment
C. Changes to those specifications may be made only with the mutual
written consent of ICANN and the Sponsoring Organization (which neither
party shall withhold unreasonably) or in the manner provided in Section
5.
3.7
Operation of Authoritative Root-Nameserver System; Contents of
Authoritative Root-Zone File. ICANN shall use reasonable commercial
efforts to coordinate the Authoritative Root-Server System to ensure
that it is operated and maintained in a stable and secure manner.
ICANN shall cause, to the extent it has the authority under its agreements
and otherwise, the Authoritative Root-Server System to publish DNS
resource records delegating the Delegated ccTLD to the nameservers
recorded in Authoritative-Root Database.
3.8
Maintenance of Authoritative Records and Audit Trail. ICANN
shall maintain, or cause to be maintained, authoritative records and
an audit trail regarding ccTLD delegations and records related to
these delegations.
3.9
Notification of Changes to ICANN's Contact Information. ICANN
shall notify the Sponsoring Organization of any changes to ICANN's
contact information no later than seven days after the change becomes
effective.
3.10
Use of ICANN Name and Logo. ICANN hereby grants to the Sponsoring
Organization a non-exclusive, worldwide, royalty-free license during
the Term of this Agreement (a) to state that it is recognized by ICANN
as the Sponsoring Organization for the Delegated ccTLD and (b) to
use a logo specified by ICANN to signify that recognition. No other
use of ICANN's name or logo is licensed hereby. This license may not
be assigned or sublicensed by the Sponsoring Organization. The Sponsoring
Organization does not acquire any right, title or interest in or to
any of ICANN's names or logos as a result of this Agreement.
4. The
Sponsoring Organization Obligations
4.1
Provision of Nameservice for the Delegated ccTLD. The Sponsoring
Organization shall cause the authoritative primary and secondary nameservers
for the Delegated ccTLD to be operated and maintained in a stable
and secure manner, adequate to resolve names within the Delegated
ccTLD, and any sub-domains over which the Sponsoring Organization
retains administrative authority, for users throughout the Internet.
4.2
ICANN Access to Zone Files and Registration Data for the Delegated
ccTLD. The Sponsoring Organization shall ensure that the zone
file and accurate and up-to-date registration data for the Delegated
ccTLD is continuously available to ICANN, in a manner which ICANN
may from time to time reasonably specify, for purposes of verifying
and ensuring the operational stability of the Delegated ccTLD only.
4.3
ccTLD Registry Data Escrow. The Sponsoring Organization shall
ensure the safety and integrity of the registry database, including
the establishment at its expense of a data escrow or mirror site policy
for the registry data managed by the Sponsoring Organization. The
escrow agent or mirror-site operator shall be mutually approved by
the Governmental Authority and the Sponsoring Organization, and shall
not be under the Sponsoring Organization's control. The escrowed or
mirror-site data shall be held under an agreement (the "Escrow
Agreement") among the Sponsoring Organization, the Governmental
Authority, and the escrow agent or mirror-site operator providing
that (1) the data will be maintained by the escrow agent or mirror-site
operator according to business practices prevalent within the territory
of the Governmental Authority; (2) the escrow agent or mirror-site
operator will verify the data to be complete, consistent, and in proper
format according to a schedule and procedures to be reasonably agreed
by the parties; (3) upon termination of this Agreement, the data will
be provided immediately to the successor manager for the Delegated
ccTLD; and (4) in the event of such provision, the successor manager
shall have all rights to use of the data necessary to operate the
Delegated ccTLD and its registry.
4.4
Accuracy and Completeness of Contact Information. The Sponsoring
Organization shall notify ICANN of any change to the contact information
about the Delegated ccTLD in the Authoritative-Root Database no later
than seven days after the change becomes effective. The administrative
contact for the Delegated ccTLD must reside in the territory of the
Governmental Authority during the entire period he or she is designated
as such. The format of the notice shall comply with requirements established
from time to time by ICANN. The initial format requirements are specified
in Attachment D. Changes to the format
requirements may be made by ICANN upon thirty days written notice
to the Sponsoring Organization.
4.5
Conformity to ICANN Policies. The Sponsoring Organization shall
abide by ICANN policies developed in accordance to Section
5, that concern:
4.5.1
the interoperability of the Delegated ccTLD with other parts of
the DNS and Internet; technical operational capabilities and technical
performance of the ccTLD operator; and the obtaining and maintenance
of, and public access to, accurate and up-to-date contact information
for domain name registrants; and
4.5.2
other topics, in the circumstance that the registration policies
for the Delegated ccTLD encourage or promote registrations from
entities or individuals resident outside the territory of the Governmental
Authority, to the extent those policies are applicable to the Delegated
ccTLD, except where (a) the Sponsoring Organization is prohibited
by law from implementing such an other ICANN policy or (b) the Governmental
Authorty instructs the Sponsoring Organization in writing to refrain
from implementing such an other ICANN policy, with three months
written notice to ICANN and the ICANN Governmental Advisory Committee.
[Note: in the event that ICANN
and the Governmental Authority have agreed that some aspects of
oversight that would normally be performed by the Governmental Authority
should instead continue to be performed by ICANN, include Section
4.5.3 as follows:] ; and
4.5.3
the topics described in Attachment E,
to the extent those topics are not specifically dealt with in the
Governmental Communication.
4.6
Financial Contributions to ICANN. Throughout the Term of this
Agreement, the Sponsoring Organization shall contribute to ICANN's
cost of operation in accordance with an equitable scale, based on
ICANN's total funding requirements (including reserves), developed
by ICANN on the basis of consensus, as described in Attachment
F.
5 Establishment
of Specifications and Policies
5.1
Procedure for Establishment. The specifications and policies
set forth in Attachment G shall apply to
the operation of the Delegated ccTLD under Section
4.5.1 beginning at the commencement of the Term of this Agreement.
During the Term of this Agreement, new or revised ICANN specifications
and policies applicable to the Sponsoring Organization shall be established
according to procedures that comply with ICANN's bylaws and articles
of incorporation. In addition, new or revised ICANN specifications
and policies established during the Term of this Agreement that are
required by this Agreement to be established in the manner specified
in this Section 5 shall be developed according to procedures that
provide the Sponsoring Organization with input into the decision making
process, including where feasible (a) prior notice (by web posting,
by e-mail, or according to Section 6.8) to the
Sponsoring Organization explaining what specification or policy is
being considered for adoption and why; (b) reasonable opportunities
for the Sponsoring Organization to comment, in writing and at a public
forum, before the specification or policy is established, and (c)
a written statement of the specification or policy that is established
and the reason(s) for its establishment.
5.2
Time Allowed for Compliance. The Sponsoring Organization shall
be afforded a reasonable period of time (not to exceed four months
unless the nature of the specification or policy established under
Section 5.1 reasonably requires, as agreed to by
ICANN and the Sponsoring Organization, a longer period) after receiving
notice of the establishment of a specification or policy under Section
5.1 in which to comply with that specification or policy, taking into
account any urgency involved.
6 Miscellaneous
6.1
Termination by the Sponsoring Organization. This Agreement
may be terminated by the Sponsoring Organization upon six months written
notice to ICANN and to the Governmental Authority.
6.2
Termination by ICANN. This Agreement may be terminated by ICANN
in any of the following circumstances:
6.2.1
The Sponsoring Organization fails to cure any material breach of
this Agreement within twenty-one days (or such longer reasonable
period as may be necessary using best efforts to cure such breach)
after ICANN gives the Sponsoring Organization written notice of
the breach.
6.2.2
The Sponsoring Organization's action or failure to act has been
determined by arbitration under Section 6.5 to
be in violation of this Agreement and the Sponsoring Organization
continues to act or fail to act in the manner that was determined
to violate this Agreement for a period stated in the arbitration
decision, or if no period is stated, twenty-one days.
6.2.3
The Sponsoring Organization acts or continues acting in a manner
that ICANN has reasonably determined endangers the operational stability
of the DNS or the Internet after the Sponsoring Organization receives
seven days notice of that determination.
6.2.4
After ICANN is notified by the Governmental Authority that the Sponsoring
Organization has contravened the terms of the Governmental Communication,
or the term of the Governmental Authority's designation of the Sponsoring
Organization as manager of the Delegated ccTLD has expired, ICANN
gives notice of its intent to terminate to the Sponsoring Organization.
6.2.5
The Sponsoring Organization becomes bankrupt or insolvent.
This Agreement may be terminated
in the circumstances described in Sections 6.2.1 through 6.2.3 above
only upon thirty days notice to the Sponsoring Organization and the
Governmental Authority (occurring after the Sponsoring Organization's
failure to cure during the stated period), with the Sponsoring Organization
being given an opportunity during thirty-day notice period to initiate
arbitration under Section 6.5 to determine the
appropriateness of termination under this Agreement. In the event
the Sponsoring Organization initiates arbitration concerning the appropriateness
of termination by ICANN, the Sponsoring Organization may at the same
time request that the arbitration panel stay the termination until
the arbitration decision is rendered, and that request shall have
the effect of staying the termination until the decision or until
the arbitration panel has granted an ICANN request for lifting of
the stay. If the Sponsoring Organization acts in a manner that ICANN
reasonably determines endangers the operational stability of the DNS
or the Internet and upon notice does not immediately cure, ICANN may
suspend this Agreement for five calendar days pending ICANN's application
for more extended injunctive relief under Section 6.5.
This Agreement may be terminated immediately upon notice to the Sponsoring
Organization in the circumstances described in Sections 6.2.4 and
6.2.5.
6.3
Effect of Termination. Upon termination of this Agreement,
ICANN shall notify the Sponsoring Organization of the successor to
which the management of the Delegated ccTLD has been reassigned in
coordination with the Governmental Authority. (The manner or result
of selection of the successor shall not be subject to challenge by
the Sponsoring Organization.) The parties shall then cooperate to
transfer operation of the Delegated ccTLD to that successor. In particular,
the Sponsoring Organization shall ensure the transfer of all relevant
DNS and registry data to the successor, subject only to the successor's
commitment to use the data in a manner consistent with the Sponsoring
Organization's prior written commitments made to data subjects regarding
the use of their personal data. The Sponsoring Organization acknowledges
that upon termination of this Agreement it will cease to be the recognized
manager of the Delegated ccTLD. The Sponsoring Organization agrees
to the reassignment of the Delegated ccTLD under the conditions and
in the manner described in Section 6.2 and shall
indemnify, defend, and hold harmless ICANN (including its directors,
officers, employees, and agents) from and against any and all claims,
damages, liabilities, costs, and expenses, including reasonable legal
fees and expenses, arising out of termination of this Agreement according
to that Section.
6.4
No Monetary Liability. No breach of an obligation arising under
this Agreement shall give rise to monetary liability by one party
to another, provided that a party's failure to make financial contributions
as required by this Agreement shall constitute a material breach of
this Agreement.
6.5
Resolution of Disputes. Disputes arising under, in connection
with, or related to this Agreement shall be finally settled under
the Rules of Arbitration of the International Chamber of Commerce
("ICC"). The arbitration shall be conducted in English and
shall occur in at a location agreed by the parties or, in the absence
of agreement, in New York, New York, USA. There shall be three arbitrators:
ICANN shall choose one arbitrator, the Sponsoring Organization shall
choose one arbitrator, and, if those two arbitrators do not agree
on a third arbitrator, the third shall be chosen according to the
ICC rules. ICANN and the Sponsoring Organization shall bear the costs
of the arbitration in equal shares, subject to the right of the arbitrators
to reallocate the costs in their award as provided in the ICC rules.
The parties shall bear their own attorneys' fees in connection with
the arbitration, and the arbitrators may not reallocate the attorneys'
fees in conjunction with their award. The arbitrators shall render
their decision within ninety days of the conclusion of the arbitration
hearing. For the purpose of aiding the arbitration and/or preserving
the rights of the parties during the pendency of an arbitration, the
parties shall have the right to seek a stay or temporary or preliminary
injunctive relief from the arbitration panel or in a court located
in Los Angeles, California, USA, which shall not be a waiver of this
arbitration agreement. In all litigation involving ICANN concerning
this Agreement, jurisdiction and exclusive venue for such litigation
shall be in a court located in Los Angeles, California, USA; however,
the parties shall also have the right to enforce a judgment of such
a court in any court of competent jurisdiction.
6.6
Choice of Law. Issues of law arising in connection with the
interpretation of this Agreement shall be resolved by (a) the rules
of law determined by the conflict of laws rules which the arbitration
panel considers applicable and (b) such rules of international law
as the arbitration panel considers applicable; provided that the validity,
interpretation, and effect of acts of the Governmental Authority and
the Sponsoring Organization shall be judged according to the laws
of [insert name of country/territory] and the validity, interpretation,
and effect of acts of ICANN shall be judged according to the laws
of the State of California, USA.
6.7
No Third-Party Beneficiaries. This Agreement shall not be construed
to create any obligation by any party to any non-party to this Agreement.
6.8
Notices. Except as otherwise specifically provided, all notices
to be given under this Agreement to the parties or the Governmental
Authority shall be given in writing at the address as set forth below,
unless the recipient has given a notice of change of address in writing.
Any notice required by this Agreement shall be deemed to have been
properly given when delivered in person, when sent by electronic facsimile,
or when scheduled for delivery by internationally recognized courier
service.
If to ICANN, addressed
to:
Internet Corporation
for Assigned Names and Numbers
4676 Admiralty Way, Suite 330
Marina del Rey, California 90292 USA
Telephone: +1/310/823-9358
Facsimile: +1/310/823-8649
If to the Sponsoring Organization,
addressed to:
[Insert data for Sponsoring
Organization]
If to the Governmental
Authority:
[Insert data for Governmental
Authority]
6.9
Dates and Times. All dates and times relevant to this Agreement
or its performance shall be computed based on the date and time observed
in Los Angeles, California, USA.
6.10
Language. All notices, designations, determinations, and specifications
made under this Agreement shall be in the English language.
6.11
Subcontracting.
6.11.1
The Sponsoring Organization may subcontract part or all of the technical
operations of the registry for the Delegated ccTLD only under terms
that ensure that the subcontractor has the technical qualifications
required by ICANN. Prior to entering into the subcontracting relationship,
the Sponsoring Organization shall provide ICANN written notice of
the proposed subcontractor, a written description of the subcontractor's
qualifications and proposed role, and a written acknowledgement
signed by the subcontractor that its rights under the subcontract
are subject to termination upon termination of this Agreement.
6.11.2
In any subcontracting of the technical operations of the registry
or administrative and management functions of the Delegated ccTLD,
the subcontract must state that the delegation itself is an exercise
of a public right, not an item of property, and cannot be reassigned
to a new manager except by ICANN. The Sponsoring Organization's
obligations to ICANN under this Agreement shall not be diminished
or affected by the fact it has subcontracted some operations or
functions with respect to the Delegated ccTLD.
6.12
Assignment. Any assignment of this Agreement shall be effective
only upon the assignee's written agreement, enforceable by the other
party, to assume the assigning party's obligations under this Agreement.
Moreover, neither party may assign this Agreement without the prior
written approval of the other party. Notwithstanding the foregoing,
ICANN may assign this Agreement by giving written notice to the Sponsoring
Organization (a) in conjunction with a reorganization or re-incorporation
of ICANN, to another non-profit corporation organized for the same
or substantially the same purposes as ICANN or (b) as required by
Section 5 of Amendment 1 (dated 10 November 1999)
to the 25 November 1998 Memorandum of Understanding between ICANN
and the United States Department of Commerce.
6.13
Entire Agreement. This Agreement (including its Attachments,
which form a part of it, but not its Annexes, which are not part of
the Agreement) constitutes the entire agreement of the parties hereto
pertaining to the matters covered in this Agreement and supersedes
all prior agreements, understandings, negotiations and discussions,
whether oral or written, between the parties on those matters. In
the event of a conflict between the provisions in the body of this
Agreement (Sections 1 to 6) and
any provision in its Attachments, the provisions in the body of the
Agreement shall control.
6.14
Review of Agreement. At the request of either party, the parties
will in good faith review the appropriateness of the provisions of
this Agreement in view of any materially changed circumstances. Any
modifications agreed as a result of such a review will become effective
only in accordance with Section 6.15.
6.15
Amendments and Waivers. No amendment, supplement, or modification
of this Agreement or any provision hereof shall be binding unless
executed in writing by all parties. No waiver of any provision of
this Agreement shall be binding unless evidenced by a writing signed
by the party waiving compliance with such provision. No waiver of
any of the provisions of this Agreement shall be deemed or shall constitute
a waiver of any other provision hereof, nor shall any such waiver
constitute a continuing waiver unless otherwise expressly provided.
6.16
Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the
parties hereto have caused this Agreement to be executed in duplicate
by their duly authorized representatives.
INTERNET CORPORATION FOR
ASSIGNED NAMES AND NUMBERS
By:_____________________________
M. Stuart Lynn
President and CEO
Date:
(Insert Name of Sponsoring Organization)
By:_____________________________
[insert name of official]
[insert title of official]
Date:
Attachments
Attachment
A |
Administrative and Technical
Contacts and Nameservers at Commencement of Agreement |
Attachment
B |
Format and Technical
Requirements for Requests to Change TLD Nameservers in the Root
Zone |
Attachment
C |
Specification for ICANN's
Publication of Root-Zone Whois Information |
Attachment
D |
Format Requirements
for Contact Information About the Sponsoring Organization, Administrative
Contact, and Technical Contact |
Attachment
E |
ICANN Policies Applicable
in Absence of Coverage by Communication Between the Sponsoring Organization
and the Governmental Authority [Note:
May not apply.] |
Attachment
F |
Limitations on Contribution
Requirements |
Attachment
G |
Specifications and Policies
at Commencement of Agreement |
Annexes
Annex 1 |
[Any IANA Report relevant
to the Delegated ccTLD] |
Annex 2 |
[Governmental Communication
(between Governmental Authority and Sponsoring Organization)] |
Annex 3 |
[Communication between
Governmental Authority and ICANN] |
Annex 4 |
[Letter from Sponsoring
Organization to ICANN requesting this Agreement] |
Attachment
A
Administrative and Technical Contacts and Nameservers
at Commencement of Agreement
. [insert
Delegated ccTLD code] - [insert name of country/territory]
Sponsoring Organization:
[Insert address]
Administrative Contact:
[Insert]
Technical Contact:
[Insert]
Nameservers:
[Insert]
Attachment
B
Internet Assigned Numbers Authority
Format and Technical Requirements for Requests to Change
TLD Nameservers in the Root Zone
(This document applies only
to TLDs as to which a written agreement is in effect between ICANN and
the TLD delegee, sponsor, or operator.)
1.
Requests for changes in TLD nameserver delegations to be reflected in
the root zone are to be submitted by e-mail to root-mgmt@iana.org.
2.
Requests should be submitted by filling out the template available at
http://www.iana.org/tld/cctld-template.txt (for ccTLDs) or http://www.iana.org/tld/tld-template.txt
(for other TLDs).
3.
Nameserver change requests are subject to verification of authenticity
and authorization. Both the listed technical contact and the listed
administrative contact should be available to verify that the request
is authentic and they authorize the requested change. Except where a
written agreement between ICANN and the TLD delegee, sponsor, or operator
expressly states to the contrary, the IANA shall be entitled to rely
on authorization of either the administrative or technical contact as
constituting a request for nameserver change by the TLD delegee, sponsor,
or operator.
4.
Requests for changes to nameservice for ccTLDs (i.e. TLDs having two-letter
labels) must result in delegation to at least two nameservers, preferably
on different network segments. Requests for changes to nameservice for
other TLDs must result in delegation to nameservers on at least five
different network segments.
5.
Delegations of a TLD to more than thirteen nameservers are not supported.
6.
Prior to submitting the request, nameservice should be set up at all
the nameservers to which delegation is to be made. Lame delegations
(i.e. delegations to servers without operating nameservice for the delegated
zone) will not ordinarily be made.
7.
The IANA must have zone file access. Except where other arrangements
are made (such as for TLDs with large zones), this means that zone file
transfers must be enabled at all nameservers for transfers to at least
128.9.0.0/16 and 192.0.32.0/20.
(9 May 2001)
Attachment
C
Specification for ICANN's Publication of Root-Zone Whois
Information
ICANN will publish data about
the Delegated ccTLD from the Authoritative-Root Database meeting at
least the requirements stated in this Attachment.
A.
Data Elements Published
At least the following:
1. Sponsoring Organization
name and postal address.
2. Administrative Contact name, postal address, e-mail address, telephone
number, and facsimile number.
3. Technical Contact name, postal address, e-mail address, telephone
number, and facsimile number.
4. Names of nameservers in the root zone for the Delegated ccTLD and
the nameservers' IP addresses.
5. Date of creation of Delegated ccTLD.
6. Date of last update to information for Delegated ccTLD.
7. URL for registration services.
The above list of elements
required to be published pertains only to data in the Authoritative-Root
Database. To the extent that data is not in the Authoritative-Root Database
because it has not been supplied by the Sponsoring Organization or for
other reasons, it need not be published.
Note that up to 13 nameservers
for the Delegated ccTLD are supported, as are up to 13 IPv4 addresses
per nameserver. IPv6 addresses are not currently supported in the root
zone.
B.
Means of Publication
Elements 1-7 of item A will
be published in at least the following ways:
- On a web page on the IANA
web site <http://www.iana.org> dedicated to the Delegated ccTLD.
- Through the port 80 Whois
service at <http://www.internic.net>.
- Through the port 43 Whois
service at <whois.iana.org>.
C.
Update Frequency
The published data will be
updated from the Authoritative-Root Database at least three times per
week.
Attachment
D
Internet Assigned Numbers Authority
Format, Content, and Technical Requirements for Requests
to Change TLD Contact Information
(This document applies only
to TLDs as to which a written agreement is in effect between ICANN and
the TLD delegee, sponsor, or operator.)
1.
Requests for changes in TLD contact data are to be submitted by e-mail
to root-mgmt@iana.org.
2.
Requests should be submitted by filling out the template available at
http://www.iana.org/tld/cctld-template.txt (for ccTLDs) or http://www.iana.org/tld/tld-template.txt
(for other TLDs).
3.
Requests for changes to TLD contact data must include all applicable
elements of data requested in items 3-5 of the template. All information
submitted must be accurate.
4.
Contact change requests are subject to verification of authenticity
and authorization. Both the listed technical contact and the listed
administrative contact should be available to verify that the request
is authentic and they authorize the requested change. Except where a
contract between ICANN and the TLD delegee, sponsor, or operator expressly
states to the contrary, the IANA shall be entitled to rely on authorization
of either the administrative or technical contact as constituting a
request for a contact change by the TLD delegee, sponsor, or operator,
except that any change of the identity of the Sponsoring Organization,
administrative contact, or technical contact must comply with notice
requirements stated in the agreement.
(9 May 2001)
Attachment
E
Topics of ICANN Policies Applicable in Absence of Coverage
by Communication Between the Sponsoring Organization and the Governmental
Authority
To the extent they are not
specifically dealt with in the Governmental Communication, the Sponsoring
Organization shall abide by policies established under Section
5 of the Agreement on the following topics:
[Note:
To be inserted if applicable.]
Attachment
F
Limitations on Contribution Requirements
The Sponsoring Organization's
contribution to ICANN shall be the sum of:
1.
Fixed Annual Contribution. The fixed annual contribution shall be
an amount established by the ICANN Board of Directors, in conformity
with the ICANN bylaws and articles of incorporation, not to exceed the
maximum fixed annual contribution described in item 4 below.
2. Variable Annual Contribution. The
variable annual contribution shall be in an amount calculated according
to a formula and method established from time to time by the ICANN Board
of Directors, in conformity with the ICANN bylaws and articles of incorporation.
The formula and method shall allocate the total of all variable annual
fees and contributions among all TLDs sponsored or operated under a
sponsorship or registry agreement with ICANN (whether the fee or contribution
is collected at the registry or registrar level) based on the relative
size of the registries for those TLDs. It shall be permissible for the
formula and method so established (a) to measure the size of a TLD's
registry by the number of names under administration within the TLD
by the registry's operator, (b) to deem the number of domain names under
administration within the Registry TLD to be the number of Registered
Names, (c) to provide for a deduction in computing a sponsor's or operator's
variable annual fee or contribution of some or all of that sponsor's
or operator's fixed annual component. It shall also be permissible for
the formula and method to consider accreditation fees collected from
registrars as a credit applied to the variable annual fee or contribution
for the TLD to which the fees pertain. Groups of registries for two
or more TLDs (whether or not under agreement) may, with the agreement
of their sponsors or operators and ICANN, agree to allocate the variable
fees and contributions collected from them in a manner not based on
the relative size of the registries within the group, provided that
the combined variable fees and contributions collected for all TLDs
within the group is based on the combined size of the registries in
the group.
3.
Payment Schedule. The Sponsoring Organization shall pay the fixed
and variable annual contributions in one or more installments, as established
for each year by ICANN. These payments shall be made in a timely manner
throughout the Term of this Agreement and notwithstanding the pendency
of any dispute between the Sponsoring Organization and ICANN. The Sponsoring
Organization shall pay interest on payments not timely made at the rate
of 1% per month or, if less, the maximum rate permitted by California
law.
4.
Contribution Caps. The maximum fixed annual contribution shall be
US$5,000 per year until and including 30 June 2002; shall automatically
increase by 15% on July 1 of each year beginning in 2002; and may be
increased by a greater amount in the manner provided by Section
5.1. The sum of the fixed and variable annual fees contributions
due to be paid in any year ending on any 30 June during or within one
year after the Term of this Agreement by all TLD sponsors and registry
operators having registry or sponsorship agreements with ICANN shall
not exceed the total annual fee cap described in the following sentence.
The total annual fee cap shall be US$5,500,000 for the fiscal year ending
30 June 2002; shall increase by 15% each fiscal year thereafter; and
may be increased by a greater amount in the manner provided by Section
5.1.
Attachment
G
Specifications and Policies at Commencement of Agreement
1.
Connectivity. There must be Internet Protocol (IP) connectivity
to the nameservers and electronic mail connectivity to the entire management,
staff, and contacts of the Sponsoring Organization. There must be an
administrative contact and a technical contact for the Delegated ccTLD.
[derived from ICP-1 para. (a)]
2.
Operational Capability. The Sponsoring Organization must do a satisfactory
job of operating the DNS service for the Delegated ccTLD. Duties such
as the assignment of domain names, delegation of subdomains and operation
of nameservers must be done with technical competence. This includes
keeping the IANA advised of the status of the domain, responding to
requests in a timely manner, and operating the database with accuracy,
robustness, and resilience. Because of its responsibilities for the
DNS, the IANA must be granted access to all TLD zones on a continuing
basis (see Attachment B). There must be
a primary and a secondary nameserver that have IP connectivity to the
Internet and can be easily checked via access to zones for operational
status and database accuracy by the IANA. [derived
from ICP-1 para. (d)]
3.
RFC Compliance. The Delegated ccTLD must be operated in compliance
with the following Requests for Comments (RFCs): 1034, 1035, 1101, 2181,
2182. In clarification of the statement of host-name rules in these
RFCs, all domain names in the Delegated ccTLD (excluding subdomain names
under domains registered to third parties) shall comply with the following
syntax in augmented Backus-Naur Form (BNF) as described in RFC2234:
dot = %x2E ; "."
dash = %x2D ; "-"
alpha = %x41-5A / %x61-7A ; A-Z / a-z
digit = %x30-39 ; 0-9
ldh = alpha / digit / dash
id-prefix = alpha / digit
label = id-prefix [*61ldh id-prefix]
sldn = label dot label; not to exceed 254 characters
hostname = *(label dot) sldn; not to exceed 254 characters
4.
Tagged Domain Names. In addition, domain names in the Delegated
ccTLD (excluding subdomain names under domains registered to third parties)
having labels with hyphens in the third and fourth character positions
(e.g., "rq--1k2n4h4b") are reserved from initial (i.e. other
than renewal) registration, except as authorized by ICANN policy or
by written exception from ICANN.
Annexes
[to be inserted]
Comments
concerning the layout, construction and functionality of this site
should be sent to webmaster@icann.org.
Page Updated
28-Dec-2001
(c) 2001
The Internet Corporation for Assigned Names and Numbers.
All rights
reserved.
|