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TLD Application: Sponsored TLD
Application Transmittal Form
15 August 2000
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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:
( 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.
SEE
BELOW
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.
A4. All documents linked
directly or indirectly from "TLD
Application Process: Information for Applicants," posted at
<http://www.icann.org/tlds/tld-application-process.htm> 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
<http://www.icann.org/tlds/application-process-03aug00.htm>.
A4.2.
New
TLD Application Instructions, posted at
<http://www.icann.org/tlds/application-instructions-15aug00.htm>.
A4.3.
Criteria for
Assessing TLD Proposals, posted at
<http://www.icann.org/tlds/tld-criteria-15aug00.htm>.
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.
A5.2.
The Registry
Operator's Proposal, with cover sheet and attachments and accompanying
materials.
A5.3.
A Description
of TLD Policies, with cover sheet and attachments and accompanying
materials.
A5.4.
A Statement of
Requested Confidential Treatment of Materials Submitted.
A5.5.
Fitness
Disclosure of Sponsoring Organization.
A5.6.
Fitness
Disclosure of Registry Operator.
A6. This application is
accompanied by one or more 3 ½" 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.
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.
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:
pberent@berentcapital.com
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.
I certify that I have full
authority to make this application on behalf of the above organization and to
make all agreements, representations, waivers, and undertakings stated in
this transmittal form and accompanying materials.
_______________________________
Signature
_______________________________
Mr. Philip Berent
_______________________________
Chairman
_______________________________
bizTRACLLC
_______________________________
Date
A2: Applicants
Affinity Internet Inc.
101 Continental Blvd. 3rd Floor
El Segundo, CA 90245
T (310) 524-3000
F (313) 388-1335
rmurray@affinity.com
bizTRAC LLC
181 Hudson Street
Suite 7C
New York, NY 10013
T (212) 274-8655
F (212) 334-4863
pberent@berentcapital.com
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