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TLD Application: Statement of
Requested Confidential Treatment of Materials Submitted
15 August 2000
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Statement
of Requested Confidential Treatment of Materials Submitted
I. PROCEDURE 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
with applications.
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.
II. APPLICANT'S
REQUEST FOR CONFIDENTIAL TREATMENT.
F1. The applicant's full legal name is:
Affinity Internet Inc.
BizTRAC LLC
F2. Does the applicant request
confidential treatment of any portion of the application or any material
submitted in connection with the application?
YES
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:
SEE
ATTACHED
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 Proposal'").
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).
_______________________________
Signature
_______________________________
Mr. Philip Berent
_______________________________
Chairman
_______________________________
bizTRAC
_______________________________
Date
Information requested
in items F3.1, F3.2, and F3.3.
(1)
Unaudited Financial Statements of Affinity Internet Inc.
(2)
Shareholder’s Agreement of Affinity Inc
Both are attachments to the Registry Operator’s Proposal
Please do not post these to the Web or make available to
the General Public without prior consent in writing from Affinity Internet
Inc.
As a privately held corporation, this information is proprietary
and has not been disclosed.
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