Questions to and Answers from Applicant for .mall, .shop, and .svc

ICANN is in the process of reviewing Commercial Connect's TLD Application. As outlined in the October 23, 2000 TLD Application Review Update which appears at http://www.icann.org/tlds/tld-review-update-23oct00.htm, ICANN may "gather the additional information [it] require[s] by posing specific questions to applicants in e-mail and requesting a written response."

Keeping in mind the goal to evaluate applications to operate or sponsor new TLDs in as open and transparent a manner as possible, both the questions posed by ICANN and the Applicant's responses will be publicly disclosed on the ICANN website.

Accordingly, ICANN requests your reponses to the following questions:

1. Identify and summarize Applicant's assumptions with respect to the existence of other general purpose TLDs in determining the total number of registrations in your application.

2. State in detail your position as it relates to possible legal claims by certain applicants and/or non-applicant third parties based on alleged trademark, patent or other violations of purported rights in the TLDs identified in your application.

3. If you receive a new TLD, state whether you will indemnify ICANN for claims arising from legal challenges regarding your right to operate the new TLD. If you will indemnify ICANN, identify and describe in detail the resources you propose to utilize for the indemnification.

4. Hypothetically, if you receive .shop as a new TLD instead of .mall, describe in detail the effect, if any, on the pro forma financial statements submitted with your application.

5. Hypothetically, if you receive .svc as a new TLD instead of .mall, describe in detail the effect, if any, on the pro forma financial statements submitted with your application.

Commercial Connect Responses:

1.Please look at the attachment.

2. Commercial Connect, LLC's application calls for a sunrise period for trademark and/or intellectual property applicants to register domains. We shall require our registrars get information pertaining to the applicant's right to such domain. This may be in the form of a letter on company letterhead stating the name or strings that they have registered, the country in which it is registered and proof of registration such as a trademark number or certificate. Commercial Connect, LLC. will periodically screen the registrars to insure this is being enforced.

3. In regards to legal claims by the applicants, Commercial Connect, LLC. proposed to adopt the ICANN Uniform Dispute Resolution Policy for handling such claims. We will in fact indemnify ICANN for claims arising from legal challenges that may incur in regards to our right to operate such registry.

Simon Properties has a complete in house council as well and uses Jones, Day, Reavis and Pogue among others for intellectual property matters.

4. and 5. Our actuaries estimated that 92% of the business would be from the .shop TLD, another 7% would be from .svc and only 1% would be from .svc. By including .svc and .mall our intent was to allow for organization of certain e-commerce segments to enhance the usability of the internet. The .svc and .mall while important are more likely to reflect organizational placeholders while the .shop would make the proposal financially feasible.