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New sTLD RFP Application

.jobs

Part B. Application Form

Name and Address fields

Company/Organization Information

Company Name Employ Media LLC
Company Address 1 3029 Prospect Avenue
Company Address 2 n/a
Company City Cleveland
Company State/Province Ohio
Company Postal Code 44115
Company Website Address www.employmedia.com
Company Country US

Sponsoring Organization Information

Sponsoring Organization Name The Society for Human Resource Management
Sponsoring Organization Address 1 1800 Duke Street
Sponsoring Organization Address 2 n/a
Sponsoring Organization City Alexandria
Sponsoring State/Province Virginia
Sponsoring Organization Postal Code 22314
Sponsoring Organization Country US
Sponsoring Organization Website Address www.shrm.org

 

Namestrings and Conventions

First sTLD choice: .jobs
Naming Conventions:
Domain names will be registered only at the second level (e.g.,
companyname.jobs).  The .jobs sTLD will not be organized at the registry level
into any sub-domains or other lower level domains (e.g., third- or fourth-level
domains).

Second sTLD choice: n/a
Naming Conventions:
n/a

Third sTLD choice: n/a
Naming Conventions:
n/a

Sponsoring Organization Structure 
Executive Summary of This Proposal

Employ Media LLC and The Society for Human Resource Management respectfully
submit this proposal for establishment of a .jobs sTLD for the benefit of the
international human resource management community (the sponsored TLD community)
and the Internet community as a whole.  Registrations will be at the second
level and will comprise companyname.jobs, where "companyname" is the legal name
under which an employer does business or is commonly known.  Registrations are
granted only to applications submitted by a qualified applicant - generally a
human resource manager of the employer such manager represents.  The Society
for Human Resource Management ("SHRM"), as the world's largest association
devoted to human resource management, is uniquely positioned to represent this
sponsored TLD community and create policy therefore.  Employ Media LLC ("Employ
Media") has been created by business and marketing professionals to manage and
market the .jobs sTLD, and is well-funded towards this goal.  Employ Media has
entered into a long-term agreement with SHRM to provide policy governance
regarding the .jobs sTLD.  Technical registry operations will be provided by
Verisign Naming and Directory Services (“VNDS”), a division of Verisign, Inc.
under contract to Employ Media.  VNDS has empirically proven their capability
to provide world-class registry operations and maintain multiple-tld
interoperability.

The Sponsoring Organization and The Applicant

Prior to detailing the structure and nature of the Sponsoring Organization, it
will be beneficial to have an overview of the relationships among the parties
to this proposal (Employ Media, SHRM and VNDS).  Employ Media is the applicant
of this proposal and is the party which would enter into a registry operator
agreement with ICANN in the event this proposal is accepted.  Employ Media will
manage the business and day-to-day operations of the .jobs sTLD, including
marketing, sales, customer service, compliance, etc.  As such, Employ Media is
the "Applicant" and/or "sTLD Manager."  SHRM is the policy provider for the
.jobs sTLD and the representative of the sponsored TLD community to be served
by the .jobs sTLD.  SHRM will interact with the sponsored TLD community to
determine and oversee policy and policy development.  In this regard, SHRM is
the "Sponsoring Organization."  Employ Media has entered into a long-term
agreement with SHRM for the provision of such policy development and oversight.
 In such policy determination and oversight, SHRM is contractually obligated to
act independently of Employ Media and in the interests of the sponsored TLD
community.  VNDS will be the provider of registry service functions for the
.jobs sTLD under contract to Employ Media.  As such, VNDS is the "Registry
Operator."  

SHRM (www.shrm.org) is the world's largest association devoted to human
resource management, representing more than 175,000 individual members with
more than 500 affiliated chapters in the United States and members in more than
120 countries.  Founded in 1948, SHRM is a not-for-profit entity whose mission
is to advance the human resource ("HR") profession and serve the needs of HR
professionals by providing the most essential and comprehensive resources
available.

SHRM has considerable resources and experience for representing the HR
management community in a variety of matters.  With a staff of more than 200,
SHRM has more than 20 specialized departments to serve the needs of HR
professionals.  Through its regional and local meetings, website and other
forums, SHRM provides multiple venues for soliciting commentary and opinions
from the HR community and fostering debate regarding many issues facing the
community.  SHRM's website alone exemplifies this role as a community forum by
providing many vehicles for receiving community input and providing community
services, including many chat rooms, bulletin boards, webcasts and online
forums.  As an influential voice, SHRM is committed to advancing the human
resource profession to ensure that HR is an essential and effective partner in
developing and executing organizational strategy.  Few, if any, organizations
are as qualified to speak for the HR community in terms of sTLD appropriateness
(to the community) and policy development.

Employ Media (www.employmedia.com) is a Delaware limited liability company
created for the purpose of managing the .jobs sTLD.  Located in Cleveland,
Ohio, Employ Media was created, and is primarily owned, by Second Generation
Ltd, a family-owned limited partnership which focuses on entrepreneurial
investments and is also located in Cleveland, Ohio.  Second Generation brings
to Employ Media considerable experience in business development, management and
marketing through, among other successful ventures, ownership of radio and
television broadcasting entities and provision of marketing expertise thereto. 
Second Generation is committed to providing funding for Employ Media sufficient
to scale Employ Media to the size and ability necessary to successfully run a
stable, solid and dependable sTLD.  For additional details regarding Second
Generation's experience, please see the "Initial Directors, Officers and Other
Staff" section herein.  

Employ Media will be structured to provide efficient and effective management
of the .jobs sTLD.  A copy of the operating agreement of Employ Media is
available upon request.  For information regarding directors, officers, staff,
meetings, etc., please see further sections of this Part B and relevant
sections of Parts C and D.

Employ Media will function as the manager of the .jobs sTLD, providing
day-to-day operations of the sTLD, administering policy dictates from SHRM, and
overseeing technical registry operations provided by VNDS.  Among Employ
Media's functions and missions is the commercialization and marketing of the
.jobs sTLD, but always acting within the policies as set forth by SHRM. 
Inherent within Employ Media's functions and missions is maintenance of the
integrity of the .jobs sTLD, particularly in light of the desires of the
sponsored TLD community as detailed in SHRM's policies.  

For a description of the policy-formation activities of SHRM and Employ Media,
please see the "Policy Making Process" section of this proposal.  

The Community to be Served

As set forth in the .jobs charter (the "Charter"), a copy of which is available
upon request, the .jobs sTLD will be established to serve the needs of the
international human resource management community (the "Community").  As used
herein, "human resource management" is the organizational function that focuses
on the management and direction of people.  The Community consists of those
persons who deal with the human element in an organization - people as
individuals and groups, their recruitment, selection, assignment, motivation,
compensation, utilization, services, training, development, promotion,
termination and retirement.

A key component to the Community is identification of the members of the
Community who are qualified to apply for a registration of a .jobs sTLD.  As
detailed further in the Charter, a .jobs sTLD registration will only be issued
in response to an application which is submitted by a qualified applicant
(there are other restrictions to registration, but these restrictions are
discussed elsewhere in this application).  A qualified applicant ("Qualified
Applicant") is a person who is (a) a member of SHRM; or (b) engaged in human
resource management practices that meet any of the following criteria: (i)
possess salaried-level human resource management experience; (ii) are certified
by the Human Resource Certification Institute; or (iii) are supportive of the
SHRM Code of Ethical and Professional Standards in Human Resource Management,
as amended from time to time (the "Code").  A copy of the Code is attached to
the Employ Media/SHRM agreement and is available at the SHRM website.  The core
provisions of the Code include: (1) professional responsibility (add value to
the organizations they serve and contribute to the ethical success, credibility
and value of those organizations); (2) professional development (strive to meet
the highest standards of competence); (3) ethical leadership (exhibit
individual leadership as a role model for maintaining the highest standards of
ethical conduct); (4) fairness and justice (promote and foster fairness and
justice for all employees in their organizations); (5) conflicts of interest
(protect the interests of their stakeholders as well as their professional
integrity and not engage in activities that create actual, apparent, or
potential conflicts of interest); and (6) use of information (protect the
rights of individuals, especially in the acquisition and dissemination of
information while ensuring truthful communications). 

The minimum threshold to be a Qualified Applicant is thus both being engaged in
human resource management practices and being supportive of the Code.  In this
light a member of the Community can be a Qualified Applicant in many ways. 
While many smaller entities do not have an “HR Manager,”  most have at least
one individual who deals with the human element of the entity.  While this
person may not desire to become certified or a member of SHRM, such person is
still a member of the Community (by virtue of their role of dealing with the
human element of the entity) and may become a Qualified Applicant by supporting
the Code.  In an additional example, an independent recruiter can become a
Qualified Applicant by similarly supporting the Code.

The “Method of Ensuring Operation in the Interest of the Stakeholders of the
Community to be Served and the Internet at Large” is discussed immediately
below in Part A, Appropriateness of Sponsored TLD Community.

Appropriateness of Sponsored TLD Community 
The Community is appropriate for the creation of the .jobs sTLD because, inter
alia, it is a clearly-definable community with a readily definable sub-class of
Qualified Applicants (for registering domains) and it is a group with clearly
defined needs (see below) which are not efficiently fulfilled by the current
DNS hierarchy of Top Level Domains.

As noted in Part B, Sponsoring Organization Structure, members of the Community
focus on the management and direction of people on behalf of the organization
they represent. This Community shares common goals, objectives and interests
including hiring people to perform the activities of the organization,
providing proper training, and facilitating appropriate rewards including
opportunities for individual achievement and advancement   The commonality of
these interests transcend organizational size, industry, geographic location,
and business classification, forming the underlying interests and motivations
of the Community as a whole that long pre-dates the Internet.  For example, one
of the many duties of an HR manager of an entity (a member of the Community) is
to attract quality employees to the entity.  Similarly, one of the many goals
of an independent recruiter is to attract quality employees for the recruiter’s
clients (themselves employers).  In performance of these duties, it is
incumbent upon these members of the Community to market their employer, and
further to promote access to information regarding the employer to potential
employees.

In recent years, the Internet has revolutionized the relationship between the
Community and the global labor market.  The Internet has become a primary venue
for people seeking information and other forms of exchange regarding an
employer organization and notably its employment opportunities (jobs). A 2002
Pew study (see www.pewinternet.org/releases/release.asp?id=46) indicates that
over 50,000,000 people have used the Internet to search for a job and that
4,000,000 people per day search out new employment opportunities online,
representing a 60% jump since March 2000. 

In response, the Community has demonstrated a common capacity to provide this
information in a self-administering way consistent with the goals, interests
and obligations this Community has historically shared with its employer
organizations.  This has included evolving their Internet presence to focus
upon online employment as the platform for streamlined job-applicant
interactions in the staffing process.  Use of the Internet has evolved to be an
integral organizational strategy of recruitment carried out by Community
members.  As an example of this, 89% of Fortune 500 companies in 2002 linked to
their own employment section from their corporate home page (comprising over
75,000 job positions.)  In 2003, 100% of the Global 500 in the Healthcare
industry offered a jobs page, 98% in the Manufacturing sector, 97% in the
Consumer sector, 92% in the High Tech sector, 91% in the Utilities sector, and
90% in the Financial sector.  (See, www.ilogos.com/en/expertviews/trendwatch.)

For the Community, however, inefficiencies restrict the ability to communicate
and otherwise promote an exact Internet destination to the labor market.  The
default evolution, by necessity (and skewed particularly within the .com zone),
has seen this Community implement creative methods (creative URL’s) including
use of a link or other reference to a particular part, sub web or third- or
fourth-level domain within the employer's website to communicate and promote HR
(including jobs) information.  A shared and common need of this Community is
for a reasonable and consistent method for promotion and location by way of a
descriptive format within a new Top Level addressing hierarchy (i.e.
companyname.jobs).  Such an sTLD will provide this Community efficiencies for
identifying the HR element -- an exact destination (i.e., a “jobs” page)
consistent with the organizational strategy this Community has historically
been charged to carry out, including with other forms of media, in its
communication to the labor market. 

By way of this application for the .jobs sTLD, the Community, as represented by
SHRM, is requesting that ICANN approve delegation whereby its members can offer
a standardized address on behalf of the organization they represent for the
purpose of communicating such a destination to the labor market.

“Method of Ensuring Operation in the Interest of the Stakeholders of the
Community to be Served and the Internet at Large”

Operation of the .jobs sTLD in the interest of the stakeholders of the
Community is ensured by the relationship between Employ Media and SHRM.  SHRM,
as an entity separate and distinct from Employ Media, has as its mission and
goal the furtherance of the stakeholders of the Community.  SHRM's
participation as the policy delegate for the .jobs sTLD is just one more facet
in SHRM's mission.  As a proven representative of the interests of the
Community, SHRM brings to the .jobs sTLD the same assurance of operation in the
best interests of the Community that SHRM brings to all other of its activities
in the best interests of the international HR community.  Furthermore, the
Employ Media/SHRM agreement contractually obligates SHRM to act independently
from Employ Media and in the best interests of the Community in its role as
policy delegate.  This independence and separation from Employ Media ensures
that operation of the .jobs sTLD, as manifested in the policy dictates of SHRM,
are made in the best interests of the Community rather than in the best
interests of the business of the .jobs sTLD (which is the job of Employ Media,
separate and distinct from the job of SHRM).  For example, one policy of the
.jobs sTLD (as manifested in the SHRM/Employ Media agreement) is that only
Qualified Applicants may apply for a registration.  Employ Media ensures that
this requirement will be enforced.  

Furthermore, Employ Media is contractually obligated via the Employ Media/SHRM
agreement to manage the .jobs sTLD in conformance with the policies set forth
in the Agreement, the Charter and as provided by SHRM in its capacity as the
policy delegate.  SHRM has several enforcement rights in the event of a breach
on the part of Employ Media, including up to obtaining injunctive relief to
ensure Employ Media's compliance therewith.  These obligations as placed upon
Employ Media, and SHRM's ability to enforce same, further ensure operation in
the interest of the stakeholders of the Community.

Still furthermore, opportunities to register a domain in the .jobs sTLD will be
promoted and offered worldwide by Employ Media.  Such opportunities will not be
abridged or limited in any way based upon race, gender, political affiliation,
country of origin or any other factor not delineated in the Charter or in the
registrant registration agreement.

Operation in the interests of the Internet at large will be ensured by the
agreement executed between ICANN and Employ Media.  As with previous gTLD
agreements with ICANN, ICANN has enforcement rights vis-a-vis Employ Media's
obligations therein.  

Furthermore, Employ Media will operate as set forth in this proposal, sections
of which detail Employ Media's outreach program to the Internet (e.g., by a
discussion board available to all), Employ Media's use of the UDRP construct,
Employ Media's performance obligations as subcontracted to VNDS, etc.  For
example, a key concern of the Internet at large is protection of intellectual
property rights.  As discussed in Part B, Protect the Rights of Others, Employ
Media will review the Qualification Document (as defined therein) of each
proposed registrant to guard against fraudulent registrations.  This alone
protects the Internet at large from IP abuse from obvious cybersquatters and
nefarious registrants.  In this light a company will not have pressure to
“defensively” register a domain prospectively against cybersquatters.  Another
key concern of the Internet at large is the ability to be heard regarding
abusive registrations (if any slip through Employ Media’s enforcement
policies).  As also discussed in Part B, Protect the Rights of Others, all
.jobs registrations will use the UDRP, modified as detailed therein to include
requirements regarding the Code.  In this light, all members of the Internet at
large have at least one venue (a UDRP action) regarding any claims to .jobs
registrations.

Representation 
SHRM will represent and take input from the Community in several ways.

Initially, as an association of HR professionals, SHRM is comprised of members
of the Community.  Representation is achieved by the definition of being an
association (i.e., SHRM represents at least the subset of the Community which
are already SHRM members).  Additionally, SHRM as an organization has been
receiving input from the Community since its inception.  One of SHRM’s missions
is to take input from the Community in order to serve the best interests of the
Community.  SHRM has empirically proven such input via many venues including
on-line forums and discussion groups, meetings, seminars, etc.   Input from the
Community regarding the .jobs sTLD would be one more facet in this well-defined
and ingrained network of input channels.

Also, as detailed in Part B, Policy Making Process, SHRM will create a Council
(as defined therein) comprised of individuals representing various constituents
of the Community, including all sizes of employers, union and non-union
employers, government employers, international employers, etc.  These
representatives will be chosen to ensure direct representation of all
stakeholders and constituents of the Community.  As explained in the Policy
Making Process section of this proposal, the Council is integrally involved in
the policy process.  As such, the Council has direct input into this process. 
Thus, via the Council, the Community is additionally represented and given a
channel for input.

Still furthermore, and as detailed in the Policy Making Process herein, in the
event a task force is formed to review a proposed amendment (as defined
therein), a period of public comment will be held.  During this period input
from the Community will be received, and such input will be incorporated in the
report of the task force.

Employ Media will also perform an outreach program as further detailed in the
Policy Making Process of this proposal.  While the program is intended to
solicit input from the general Internet community, any stakeholder and/or
constituent of the Community is free to input opinions, information,
commentary, etc. into the program.

Openness and Tansparency 
Both SHRM and Employ Media are committed to and will promote openness and
transparency in policy making and managing the .jobs sTLD.  For example, the
Policy Making Process as described in Part B, Policy Making Process, is open
and transparent, including providing access to any task force report and the
ability for all to submit comments thereon (and then subsequently providing
access to the final task force report).  As further described therein, the
results of the policy making process (i.e., the decisions of the SHRM Executive
Committee and Employ Media) are particularly made available, along with meeting
minutes, notice provisions, etc.

Furthermore, the Community (via SHRM) and the public (via Employ Media) will be
encouraged to participate and comment in both policy making and TLD management.
 Through use of the SHRM and Employ Media websites, both the Community and the
public will be able to follow the policy process and TLD management.  Via these
websites (and other venues as described herein), commentary and opinion will
also be solicited.  Generally speaking, all documents, minutes, commentary,
etc. relating to both policy and TLD management will be made publicly available
unless privacy concerns dictate restricting public access.

Initial Directors, Officers, and Other Staff 
SHRM is an established organization with a complete board of directors and a
successful management team.  The board and management team include (board
position identified first):

Chair of the Board, David B. Hutchins, SPHR, CEBS, CCP, Senior VP/Chief
Administration Officer

Chair Designate, Johnny C. Taylor, Jr., J.D., SPHR, Executive VP, General
Counsel & Secretary

Secretary, Janet N. Parker, SPHR, Senior VP, Corporate Employee Relations,
AmSouth Bank

Treasurer, Judith L. Streeter, PHR, Senior VP, HR, North American Lodging
Operations, Marriott International, Inc.

Director-at-large, C. Dennis Montgomery, SPHR, Manager of Organization
Development & Training, OGE Energy Corp.

Director-at-large, Judy Clark, CPC, SPHR, President, HR Answers

Director-at-large, Mary Cheddie, SPHR, VP, HR, The Orvis Company, Inc.

Director-at-large, Nancy L. Volpe, SPHR, Director of HR, Elan Nutrition, LLC

Director-at-large, Robb E. Van Cleave, SPHR, IPMA-CP, Director Employee &
Administrative Services, Wasco Co.

Director-at-large, Robert O. Gonzales, Senior VP and Managing Director,
Employee Services, Fidelity Investments

Director-at-large, Clinton R. Gurney, Managing Director, HR, LDS Church

Director-at-large, Rita Bennett, Director, Corporate Development Strategy for
Care International

Director-at-large, R. Roosevelt Thomas, Jr., DBA, CEO, Roosevelt Thomas
Consulting & Training, Inc.

President, CEO (Ex-Officio, Nonvoting Member), Susan Meisinger, SPHR, SHRM

The contact person at SHRM for the purposes of this proposal is Gary Rubin,
Vice President Publications and New Media.  Mr. Rubin is responsible for SHRM’s
flagship publication, HR Magazine (circulation 170,000), as well as its other
award-winning publications such as Employment Management Today.  Mr. Rubin has
more than 19 years of experience in publishing and new media management.  Most
recently, Mr. Rubin served as the founding Vice President and General Manager
for the Magazine, Newsletter and Catalog Division at NewsStand, Inc.  Mr. Rubin
was a founding board member of the Academy of Interactive Arts and Sciences, is
currently an Emmy Awards voting member for the Academy of Television Arts and
Sciences, serves on the board of directors for Boys Life Publishing, and is
Chairman of the HR Committee for the Business Publishers Association (ABM).

Additional information regarding SHRM directors, officers and staff, including
a description of each director’s position description and a list of all
officers, is available at the SHRM website and upon request.

Regarding Employ Media, pursuant to its operating agreement, Second Generation,
Ltd. has been appointed as the manager of Employ Media.  Second Generation is a
Cleveland-based limited partnership primarily owned by the Embrescia family (of
which Tom and F. Matthew, detailed below, are members).  Second Generation has
and is currently invested in multiple business entities representing multiple
industries, including media ownership, direct marketing, manufacturing and real
estate.  In its sixth year of operation, Second Generation is a continuation of
Embrescia family business and/or investments with a history of greater than 30
years.

Employ Media’s operating agreement identifies the following key personnel and
their position.  Each position below is a non-compensated position:

Thomas F. Embrescia, Chairman (non-compensated position):  Mr. Embrescia has
spent the past 25-30 years of his career owning and managing FCC-licensed radio
and television properties throughout the United States.  Mr. Embrescia’s
company Second Generation Television has built and/or currently owns and
operates television and radio affiliates in the Midwestern and Southern United
States.  In addition to broadcasting activities, Mr. Embrescia was the co-owner
and Chairman of Sports Marketing, Inc., a sports network which has marketed the
broadcasting rights to professional sports teams.  Tom was a successful partner
in Radio Direct Response, a .com marketer representing such companies as
Priceline.com.   Tom is also Chairman and owner of Partners, LLC, a direct
marketing company.  Mr. Embrescia is on the board of directors of ACME
Communications, the owned and operated arm of Warner Brothers Television
Network with television stations across the United States.

Scott Finerman, Treasurer/Secretary (non-compensated position):  Scott is and
has been the Chief Financial Officer of Second Generation for the past 5 years.
 Prior to this position, he was a partner in a regional accounting firm for 17
years.  Scott has a history of involvement in community organizations,
including holding the position of President and/or Treasurer for many of these
organizations.  A C.P.A. and an attorney (inactive), Scott has a B.B.A. from
The University of Michigan and a J.D. from the Cleveland Marshall College of
Law.

Ray Fassett, Vice President (non-compensated position):  Ray has spent most of
his career in the small business and start-up environment.  Ray began his
career in public accounting and subsequently joined the division of a newly
formed holding company that specialized in career fair events throughout the
U.S.  There Ray was instrumental in launching a successful online career portal
which was eventually sold to a joint venture owned by the Washington Post and
Chicago Tribune.   Since then, Ray has been a key member of a pure Internet
start-up, partially owned by Microsoft, pioneering technologies and products
pertaining to Digital Rights Management (DRM).  As an individual, Ray has
actively participated in ICANN processes and attended ICANN meetings when
possible.

F. Matthew Embrescia, Vice President (non-compensated position):  Matthew is
currently an advisor to Second Generation and is involved in the management of
many of Second Generation’s interests.  A graduate of Georgetown University,
Matthew has worked throughout the United States primarily in media sales (e.g.,
radio, broadcast television and cable).

Employ Media, if this proposal is accepted, will engage qualified, dedicated
and experienced personnel for each salaried officer and/or key personnel
position as set forth in Parts C and D of this proposal.  Employ Media will
also have an Advisory Board as detailed in the next section.  Advisory Board
members will include:

Richard Celeste:  Mr. Celeste, a former ambassador to India and Ohio governor,
is currently the President of Colorado College.  A Yale University graduate and
Rhodes scholar, he was governor of Ohio from 1983 to 1991 and the United States
ambassador to India from 1997 to 2001.  Mr. Celeste also headed the Peace Corps
under President Carter and has served on several corporate boards, including a
British Petroleum Co. advisory board.

Marty Pompadur:  Marty Pompadur has extensive international business
experience.  He is the Chairman of News Corporation Europe and has served as a
director thereof since November 2003.  In June of 1998, Mr. Pompadur joined
News Corp as Executive Vice President of News Corporation, President of News
Corporation Eastern and Central Europe and became a member of News Corp’s
Executive Management Committee.  In January of 2000 he was appointed to his
current position.  Prior to joining News Corp, Mr. Pompadur was President of RP
Media Management and held executive positions at several other media companies.
 He currently sits on the Boards of Metromedia International, Linkshare, News
Out of Home B.V., Balkan Bulgarian, RP Coffee Ventures and Sky Italia.  Mr.
Pompadur is also a principal owner of Caribbean International News Corporation,
which publishes two Spanish language daily newspapers - El Vocero and El Mundo.

John W. Graham:  John Graham serves as Chief Executive Officer of Nationwide
Advertising Service (NAS), a position he has held since 1983.  NAS, an agency
of McCann-Erickson Worldwide, is the largest advertising agency in Ohio and one
of the largest agencies of its kind in the world, and has been headquartered in
Cleveland for over 50 years.  John is a member of the Board of Directors of
Gund Business Enterprises, owner of the Cleveland Cavaliers NBA basketball
team, the Cleveland Rockers of the WNBA and operator of the Gund Arena.   John
has been recognized as one of the “Greater Cleveland 100 Top Entrepreneurs.”  

Jamie Kellner:  Mr. Kellner is the Chairman and CEO of the WB television
network and ACME Communications, the WB’s third largest station group.  Mr.
Kellner has spent a distinguished career in the television industry.  A former
Chairman and CEO of Turner Broadcasting Systems, Inc., Mr. Kellner revitalized
the venerable CNN and polished Headline News into the youngest-skewing cable
news network.  At the Fox Broadcasting Company, Mr. Kellner served as President
and COO, successfully nurturing Fox into a major player in broadcast
television.  Mr. Kellner has also served as President of the Orion
Entertainment Group and Vice President of First-Run Programming at Viacom
Enterprises.

Scott DePerro:  Mr. DePerro is a co-owner of Goldstar Holdings Ltd., an
investment partnership which actively invests in start-up and entrepreneurial
companies.  Scott has over 20 years of business experience.  In 1979 Scott,
with his brother Jeff,  founded Aim Executive, Inc., an industry leading
national human resources consulting firm that was a pioneer in integrated HR
services.  Aim Executive grew rapidly, being named to the Inc. 500 list of
fastest growing privately held companies in America for four consecutive years.
 In 1997 Aim Executive was acquired by Spherion, and the Deperros’ remained for
four years as Division Presidents of this Fortune 500 global human capital
management firm.  Scott is a Certified Personnel Consultant.

Selection of Directors, Officers, Members, Staff 
The eligibility, method of selection, term(s) of service, compensation,
conflicts of interest, resignation, removal and vacancies policies of Employ
Media are detailed in the Employ Media operating agreement, a copy of which is
available upon request.  Generally speaking, all such policies are consistent
with best business practices in similarly-situated business entities.

For example, under the Employ Media operating agreement, management of Employ
Media is conducted by a Manager.  The Manager is selected by the owners (i.e.,
Members) of Employ Media (current Members are Second Generation Ltd. and Ray
Fassett), and has been identified in the operating agreement as being Second
Generation Ltd.  This Manager will serve until resignation, removal or a
successor has been elected and qualified.  A Manager may resign by giving 30
days written notice to the members.  A Manager vacancy may be filled by a
unanimous vote of the voting members.  A Manager is not entitled to any fees or
compensation unless the members determine otherwise.  A Manager may not
knowingly act in contravention of the operating agreement, the SHRM agreement
or knowingly make it impossible to carry on the ordinary business of Employ
Media.  The Manager appoints all officers of Employ Media.

Each officer of Employ Media holds office at the pleasure of the Manager and is
required to take all actions necessary to run the business of Employ Media. 
Any officer may be removed at any time by the Manager.  Any officer vacancy may
be filled by the Manager.  The Manager will determine the eligibility
requirements for each officer, generally including a requirement that each
officer is qualified and with sufficient experience required to perform their
duties.  Officers are compensated as set forth in Sections C and D of this
proposal.

Staff members are selected by the officers and/or the Manager in their best
discretion.  Staff will generally be employees at will.  The eligibility of
each staff member will depend upon the duties required of the staff member, as
determined by the officers and/or the Manager.  Compensation for staff members
is set forth in Sections C and D of this proposal.

The Advisory Board will consist of individuals who are respected for their
business acumen, committed to the activities of Employ Media, and who are able
to provide open-minded and creative suggestions and solutions to the challenges
and opportunities facing Employ Media.  The Advisory Board will:  (a)	provide
feedback to officers and key personnel regarding Employ Media services,
operations, marketing initiatives and business strategies; (b) act as a liaison
between Employ Media and prospective clients, suppliers, employees and advisors
through personal introductions, recommendations and other appropriate methods
when such opportunities exist; (c) participate in Employ Media-sponsored events
such as client receptions, officer meetings and other employee gatherings when
appropriate;	(d) assist in the recruitment efforts of Employ Media, with
emphasis on identifying, recruiting and developing high potential personnel;
and (e) meet with Employ Media officers and key personnel to provide advice and
counsel regarding each individual’s area of responsibility.

The Members of Employ Media will nominate and select Advisory Board members. 
In doing so, the Members may consult with current Advisory Board members and
others who may suggest and consider appropriate candidates.  The Advisory Board
will be composed of between 5-7 members, including a secretary who shall record
the minutes of meetings and who need not be a member of the Advisory Board.

Each member of the Advisory Board (each, an “Advisor”) will hold an initial 3
year term (or such lesser or greater term as the Members may specify for any
Advisor at any time) and shall carry out that term until the final meeting of
the Advisory Board held in the last year of such Advisor’s term and until a
successor has been appointed or until such Advisor’s earlier resignation or
removal by the Members.  An Advisor is then eligible for service for an
unlimited number of terms upon approval of the Members.  Removal by the Members
or a resignation from the Advisory Board shall be deemed to take effect
immediately upon its being issued or received by the Members, as applicable,
unless some other time is specified.  In the event of any vacancy on the
Advisory Board for any cause, replacements to the Advisory Board shall be made
by the Members.

 A regular meeting of the Advisory Board shall be held at least quarterly, and
it is anticipated that the Advisory Board will meet more frequently at least
telephonically.  The final meeting of each year shall be the annual meeting at
which time new members to the Advisory Board may be appointed. Special meetings
of the Advisory Board may be held at any time, if necessary or desirable under
the circumstances, upon call of the President.

The Advisory Board shall be compensated for attendance at regular quarterly
meetings, in such amounts and in such manner as the Members may determine in
their discretion, and shall be reimbursed for all reasonable expenses relating
to the fulfillment of their responsibilities.

Regarding SHRM, the eligibility, method of selection, term(s) of service,
compensation, conflicts of interest, resignation, removal and vacancies
policies of SHRM are set forth in SHRM’s bylaws, available at
http://www.shrm.org/bylaws/03-0528Bylaws_3holepnch-2.pdf.

Generally speaking, candidates for election at large to the SHRM Board of
Directors must be qualified Professional or Special Expertise Members of SHRM
and be in good standing.  Directors (and certain officers, as described below)
are elected by vote of voting members of SHRM (generally speaking, Professional
Members and General Members as defined in the bylaws).  Term of office is 3
years.  Vacancies are filled by nomination of the Governance Committee (of the
Board) and vote of a majority of the remaining voting Board members.  Any
Director may be removed, with or without cause, by a vote of two-thirds of the
then entire number of voting Directors taken at a duly constituted Board of
Directors meeting.  

The President/CEO is appointed by the Board at their discretion.  Other
officers (the Chair, the Secretary, the Treasurer, etc.) are elected as set
forth above.  Terms of each officer are as set forth in the bylaws or until
death, resignation or removal.  All officers must be qualified Professional,
Special Expertise or Past Chair Life Members of SHRM and be in good standing. 
A two-thirds vote of the entire Board may remove a disqualified officer.

Meetings and Communication 
Employ Media and SHRM will meet in person at least twice a year at either the
Employ Media or SHRM offices to discuss management of the .jobs sTLD and policy
considerations.  It is anticipated that more frequent meetings may occur. 
Electronic and voice communications between the parties will be much more
frequent.

The Council will convene at least once a year and will meet at least once a
year at least electronically.  It is anticipated that the Council will meet
more frequently as required to perform their policy-evaluation duties.

All meeting minutes (in person or electronically) will be posted at least to
the Employ Media website to ensure disclosure and transparency, subject to
privacy/trade secret/confidentiality considerations.  

Regarding conducting Employ Media’s business, details regarding meetings and
communications are set forth in the Employ Media operating agreement, a copy of
which is available upon request.  Generally speaking, an annual meeting of the
Members of Employ Media may be held at a time and location fixed by the
Members.  Special meetings may also be called by any Member.  Meetings shall be
held at the principal office of Employ Media unless determined otherwise by the
Members.  A meeting of the Members may be held by conference telephone or
similar communication equipment.  Any action permitted or required to be taken
at a meeting of the Members may be taken without a meeting if a consent in
writing is signed by all of the Members.  The Secretary shall keep minutes of
all proceedings of the Members, shall make proper records of the same, and post
such minutes as set forth above.

A regular meeting of the Advisory Board shall be held at least quarterly, and
it is anticipated that the Advisory Board will meet more frequently at least
telephonically.  The final meeting of each year shall be the annual meeting at
which time new members to the Advisory Board may be appointed. Special meetings
of the Advisory Board may be held at any time, if necessary or desirable under
the circumstances, upon call of the President.

Regarding SHRM, details regarding meetings and communications are set forth in
SHRM’s bylaws, available at
http://www.shrm.org/bylaws/03-0528Bylaws_3holepnch-2.pdf.  Generally speaking,
an annual meeting of the voting membership of SHRM is held at such date, time
and place as the Board of Directors may determine.  Special meetings shall be
called by the Chair at any time upon written request of the Board or 10% of the
voting members of SHRM.  A quorum shall consist of at least one hundred of the
members of SHRM eligible to vote and who are present at the annual meeting or a
special meeting, or who, in the case of a mail ballot vote, respond by mail
ballot.  The Secretary shall be responsible for the preparation of a record of
the proceedings of all meetings of the Board.

Fiscal Information 
It is noted that responses to this Part B of this proposal will be made
publicly available, while answers under Parts C, D and E of this proposal will
not be made publicly available, in part to facilitate open disclosure of
sensitive business information.  In this light, details regarding Employ
Media’s proposed staff sizing, prospective annual revenue and start-up capital
are set forth in Part D of this proposal.  For the purposes of this Part B,
Second Generation will provide start-up capital to Employ Media in an amount
sufficient to ensure Employ Media’s operation consistent with the description
of operations as set forth in this proposal.  Employ Media will be sufficiently
staffed to handle sTLD operations at all potential levels of demand.  Potential
annual revenue is discussed in Part D.

Regarding Second Generation, Second Generation and its affiliates generally
have between 8 to 12 operating companies, each having revenues between US$5
million to US$15 million.

The most-recent annual report (2002-2003) of SHRM is available upon request. 
In general, SHRM’s revenue for the year ended 12/31/02 was $70,475,085 with
unrestricted assets (capital) of $66,588,168.  SHRM employs over 200
individuals and has over 175,000 members with 528 chapters in 120 countries.

SHRM has a Governance Committee which is responsible for the design and
composition of the Board, SHRM’s processes and the manner in which SHRM
evaluates itself.  There are between 11 to 15 voting Board Members, each
serving a term of 3 years (2 year term for the Board Chair).

SHRM is divided into 6 divisions:

1.  Knowledge Development Division: Includes the Information Center and
Research departments and provides guidance to SHRM affiliates, the Human
Resource Certification Institute (HRCI) and SHRM Foundation.

2.  Professional and New Business Division: Includes the Meetings &
Conferences,  Marketing & Business Development, Organization Programs and
Education departments.

3.  Publications and New Media Division: Includes the Publications, Sales &
Marketing, Internet Operations and Art & Production Departments, as well as the
Editorial department for magazines, books, and newsletters.

4.  Member Services Division: Includes the Member/Chapter Relations,
Professional Emphasis Groups, SHRM Global Forum and Customer Service
Departments.

5.  External Relations Division: Includes the Public Affairs and Government
Affairs departments.
6.  Finance & Administration Division: Includes the Finance, Accounting,
Administrative Services and Information Technology departments.

Some highlights of SHRM include:

•	Delivered in 2002 more than 228,000 professional development hours in the
form of SHRM conferences and seminars.

•	SHRM e-learning: An online educational initiative that delivers multi media
HR training courses.

•	In 2002, responded to more 73,000 requests for information.

•	SHRM Academy: A comprehensive educational program designed to help HR
professionals attain a deeper understanding of business essentials and partner
more effectively with their colleagues across all functional areas in their
organizations.

•	Launched the International Certification Program: Global Human Resources
Certification Exam (GPHR) focusing on Organizational Effectiveness and Employee
Development; Global Staffing; International Assignment Management; Global
Compensation and Benefits; and International Employee Relations and
Regulations.

•	In 2002, SHRM reached an estimated 155 million readers in major print media
publications.

•	SHRM’s President and CEO, Susan Meisinger, was selected to serve as a member
of The U.S. Secretary of Labor’s Committee on Workplace Issues, part of
President George W. Bush’s Council on the 21st century workforce.

•	Produces the popular, award winning, industry journal called HR Magazine.

Indemnification from Liability 
Regarding Employ Media, the limitation of liability provided by Employ Media to
certain officers, employees, etc. is set forth in Employ Media’s operating
agreement, available upon request.  Generally speaking, for non-derivative
actions, Employ Media shall indemnify any person who is, was or is deemed a
manager, officer or employee of Employ Media, or is or was serving at the
request of Employ Media, as a director, trustee, officer, partner, manager,
employee or agent of another corporation, partnership, joint venture, trust,
limited liability company or other enterprise, against expenses (including
attorney’s fees), fees and judgments incurred in an action against that person
if that person acted in good faith and in a manner that person reasonably
believed to be in or not opposed to the best interests of Employ Media, and
with respect to any criminal action or proceeding, had no reasonable cause to
believe that person’s conduct was unlawful.  Generally speaking, for derivative
actions, Employ Media shall indemnify any person who is, was or is deemed a
manager, officer or employee of Employ Media, or is or was serving at the
request of Employ Media, as a director, trustee, officer, partner, manager,
employee or agent of another corporation, partnership, joint venture, trust,
limited liability company or other enterprise, against expenses (including
attorney’s fees), fees and judgments incurred in an action against that person
if that person acted in good faith and in a manner that person reasonably
believed to be in or not opposed to the best interests of Employ Media, except
that no indemnification shall be made in the event that person has been
adjudged to be liable for negligence or misconduct in the performance of that
person’s duty to Employ Media unless a Court determines, despite the
adjudication of liability, that the person is fairly and reasonably entitled to
indemnity for such expenses.

SHRM’s limitations on liability regarding its directors, officers and staff is
available upon request, subject to confidentiality concerns.

Proposed Extent of Policy-Making Authority 
Employ Media and SHRM seek delegation of policy-formulation authority from
ICANN to (1) determine eligibility criteria for registration of second-level
domains in a .jobs sTLD; (2) enforce such criteria on an applicant-by-applicant
basis; (3) create and implement a transparent policy-making process for
creating and revising policy to govern the .jobs sTLD; (4) manage the
operations of the .jobs sTLD consistent with Internet standards; (5) provide
registry operations for the .jobs sTLD as described in Part E of this proposal;
(6) manage domain disputes between competing applicants as described herein;
(7) select and engage (by objective criteria applied fairly to all)
ICANN-accredited registrars for accepting registrations in the .jobs sTLD; (8)
set registration pricing as set forth herein; and (9) create start-up periods
for the initiation of the .jobs sTLD, if necessary and as described herein.

Employ Media and SHRM seek this authority (and feel justified in seeking such
authority) because, inter alia, (1) SHRM is best situated for representing the
Community; (2) SHRM is capable and willing to represent the Community and
create policy therefore; (3) Employ Media has access to the management,
marketing and business experience to see the .jobs sTLD business plan to
completion and stability over the short and long run; (4) Employ Media is
well-funded in this endeavor; (5) VNDS, as the contracted registry operator, is
the premier technical registry operator on the Internet, and can guarantee
operations and service levels up to and exceeding world-class levels; (6) the
Community is desirous of a TLD answer to marketing and other HR concerns
regarding jobs and particularly job postings on the Internet; (7) the Internet
community is desirous of a simple, efficient and consistent manner in which to
access job postings of an employer and/or a recruiter; and (8) a .jobs sTLD
will in exemplary fashion solve the Community’s and the Internet community’s
needs in this regard.  Additional justifications and reasons for seeking this
authority are stated throughout this proposal.

As discussed in Part A, Appropriateness of Sponsored TLD Community, operating
in the interests of the Internet at large will be ensured by the agreement
executed between ICANN and Employ Media.  Furthermore, Employ Media will
operate as set forth in this proposal, including providing an outreach program
to the Internet (e.g., by a discussion board available to all), using the UDRP
construct and sub-contracting registry operations to VNDS.  The outreach
program will ensure that all members of the Internet at large will have a forum
(e.g., the discussion board at Employ Media’s website) at which to be heard,
and Employ Media will actively solicit commentary from the Internet at large at
least on this forum.  Use of the UDRP construct ensures that members of the
Internet at large will have a venue and procedure with which to exert
intellectual property rights with relation to the .jobs sTLD (any abusive
registration which makes it through Employ Media’s screening process).  Use of
VNDS guarantees technical administration that is world-class.  Still
furthermore, as discussed in Part A, Protect the Rights of Others, Employ Media
will review the Qualification Document of each proposed registrant to guard
against fraudulent registrations.  The Internet at large is thus protected from
IP abuse from obvious cybersquatters and nefarious registrants.  In this light
a company will not have pressure to “defensively” register a domain
prospectively against cybersquatters.

As further detailed in Part A, Policy Making Process, opportunity for members
of the Sponsored TLD Community to discuss and participate in policy formation
is ensured by the multiple instances of Community input in the policy-making
process.  For example, SHRM will convene a Council (as defined therein) to
oversee policy formation.  This Council will comprise representatives of each
of the varied interests and perspectives of the Community, e.g., including
without limitation individuals representing the constituencies of small
employers, large employers, union employers, non-union employers, government
employers, private employers, international employers, academic employers,
service employers, manufacturing employers, high technology employers, and
recruitment companies.  The Council will  take input from any member of the
Community, and may appoint task force(s) whose goal it is to solicit input and
encourage participation by the Community in issues related to policy.  Task
Force Reports are posted to the Community for at least 15 days, and Community
comments thereon are added to the Final Task Force Report.  Community members
are also able to discuss and participate through any of Employ Media’s outreach
programs.

Except as set forth herein (e.g., with relation to the UDRP process), no
variation from existing ICANN policies is intended.

Policy-Making Process 
Policy is created by SHRM and implemented and enforced by Employ Media. 
Certain policies have already been created and are embodied in the Employ
Media/SHRM agreement (examples of which are included below).  Additional
policies and modifications to current policies will be created, reviewed and
accepted/rejected as explained below.  

In its creation and evaluation of any policy, SHRM is contractually obligated
to act independently of Employ Media and Employ Media’s desires.  SHRM is
contractually required to act in the interests of the Community.

Pursuant to the Charter, SHRM will create and oversee a Policy Development
Council (the “Council”).  At the beginning of each calendar year, the SHRM
Executive Committee or its delegate will appoint to the Council for a one year
term individuals representing the varied interests and perspectives (i.e.,
Constituencies) of the Community, including without limitation individuals
representing the Constituencies of small employers, large employers, union
employers, non-union employers, government employers,  private employers,
international employers, academic employers, service employers, manufacturing
employers, high technology employers, and recruitment companies.  SHRM will
also select a Staff Manager to interface with the Council and perform
Council-related activities.

The Council may consider new policies and/or any changes to current policies
and/or the Charter (each, a “proposed amendment”) if raised by either (1)
Employ Media (the practices of which are discussed below), (2) the SHRM
Executive Committee (which can act on its own volition in the best interests of
the Community), or (3) the Community (which can input proposed policies/changes
or request the same via any number of communication channels to SHRM and/or the
Council, including on-line discussion boards, on-line forums, association
meetings (formal and informal), a formal request (i.e., by email or mail to the
Council), by member communication (if a SHRM member), etc.).  The ability for
any member of the Community to raise a policy or change will be clearly
apparent via at minimum the SHRM website.  

For each proposed amendment the Staff Manager will create a report (an “Issue
Report”) which, inter alia, details the proposed amendment and the policy(ies)
affected by the amendment, the identity of the party submitting the proposed
amendment and how that party is affected by the proposed amendment.  The Issue
Report will be created within 30 days of receipt of the proposed amendment. 
The Issue Report will be distributed to the Council for review.

Within 45 days of receipt of the Issue Report, the Council shall meet to vote
whether to disregard the proposed amendment, approve it or appoint a task force
for additional information.  Approval requires majority approval vote.  Upon
approval the proposed amendment is forwarded to the SHRM Executive Committee
and Employ Media for further processing.  Upon a majority vote by the Council
of disapproval, the proposed amendment is disregarded.  The Staff Manager will
report such to the amendment submitter, who may take no action or submit a
revised proposed amendment.  In any event, the results of the vote will be
posted to the Community consistently with the principles of transparency.

If requested by the Council, a task force may be appointed for gathering
information.  The task force will solicit and gather information regarding the
positions of various parties or groups (including the Community) as
comprehensively as possible.  The task force may solicit opinions of outside
advisors, experts and/or other members of the public.  The task force will
create a Task Force Report which details all received information/reports,
states the majority vote position of the members of the task force, and, if a
majority vote position has not been reached, explains the differing positions
of the task force.

A public comment period will last for 15 calendar days after the Task Force
Report is publicly posted (e.g., at SHRM’s website).  Any individual or
organization may submit comments during this time.  At the conclusion of the
comment period, the Staff Manager will attach all relevant commentary to the
Task Force Report to create a Final Task Force Report which is submitted to the
Council for review.

The Council will review the Final Task Force Report, may solicit the advice of
outside counsel in this review, and will vote on the proposed amendment based
upon the Final Task Force Report (with the same results detailed above
regarding approval or disapproval).

Council-approved proposed amendments will be reviewed by the SHRM Executive
Committee and Employ Media.  Approval of both the SHRM Executive Committee and
Employ Media is required for implementation.  In this regard a “balance of
powers” is achieved: no policy or amendment is implemented if not in the
interests of the Community (as determined by SHRM) or if detrimental to the
management of the sTLD (as determined by Employ Media).  In the event that
either the SHRM Executive Committee or Employ Media do not approve the proposed
amendment, the submitter of the proposed amendment may request reconsideration
(in writing) by the disapproving entity.  If reconsideration is denied, the
submitter may always resubmit the proposal or a modified proposal.

Employ Media will provide an “outreach” program via at least its website to
provide a voice to the Internet community regarding management of the .jobs
sTLD.  Via an on-line communication channel (e.g., a discussion board, forum,
etc.) Employ Media will solicit the opinions and comments of any individual or
party regarding management of the sTLD.  For example, Employ Media will provide
a forum for requests for policy and/or charter changes.  Any such submitted
requests will be evaluated by Employ Media to determine if Employ Media will
submit a formal proposed amendment based upon the requests.  As an additional
example, upon posting of a Task Force Report, Employ Media will provide a forum
for commentary open to the entire Internet (including parties that for one
reason or another do not feel appropriate in commenting via SHRM).  Any
relevant comments will be forwarded to the Staff Manager.

SHRM and Employ Media have already agreed upon certain policies (available upon
request in the Employ Media/SHRM agreement).  The Charter is an example.  In an
additional example, .jobs registrations will only be allowed for domain names
which (i) are for the legal name(s) under which a proposed registrant does
business (e.g., a trade name such as EIduPontdeNemours.jobs), for a name under
which the proposed registrant is commonly known (e.g., dupont.jobs) or which
includes such a legal or commonly-known name (e.g., dupontcanada.jobs); (ii)
are based upon an application for registration which is submitted by a
Qualified Applicant; and (iii) names as the registrant of the domain name the
entity which is identified by the trade name or commonly known name.  These
current policies are only revisable/amendable via the policy making process
described herein.

A. Add new value to the Internet name space 
There is significant name value in the .jobs sTLD.  The pursuit and maintenance
of employment is one of the oldest and longest-lasting fields of human,
institutional and social endeavor.  The HR profession embodies this pursuit and
maintenance.  One word that both signifies and symbolizes this endeavor from
both the perspective of the HR community and all employees (actual and
prospective) is “jobs”.  Employment applicants want a job with an employer and
HR managers are tasked with managing the pursuit and maintenance of jobs for
the employer.

As previously noted, as of 2002 approximately 50,000,000 people had used the
Internet in the pursuit of a job.  The prevalence of job boards and entire
businesses relating to the on-line job process (e.g., job postings, resume
submissions, etc.) further illustrates the ingrained manner in which jobs and
the Internet are currently entwined.  When a potential employee accesses an
employer’s website for employment information, he or she is looking for a job
or looking to learn about a job.  

The search for a job (and related HR services) is an endeavor that has
importance in every geographic region of the world, for every region has
employers that need employees.  The word “jobs” itself has broad international
understanding in multiple languages, and does not have any negative or
derogatory meaning in any other language.  Since the pursuit of jobs is likely
to continue as long as there are employers in the world, the .jobs sTLD has
lasting value.  Furthermore, since the string “jobs” is relatively short and
easy to type (only 4 characters with no repeat characters) it is unlikely to be
deemed an inconvenience (such as with a longer domain name), which will prolong
its value.  The string is similarly easy to spell, which will still further
prolong its value.

The string is appropriate to the scope of the Community.  As previously noted,
members of the Community are generally tasked with promoting their employers to
potential employees, usually in terms of available jobs.  In this regard, jobs
are the product which the Community needs to market.  As such, the TLD string
“jobs” is entirely appropriate, as it exactly identifies the product which is
the main focus of the Community.

The string “jobs” is clearly differentiated from existing TLD’s.  On a
character level, no other TLD is plural and no other gTLD begins with the
letter “j”.  On a conceptual level, no current TLD serves the same purpose. 
Other TLD’s connote general business, commercial enterprise, non-profit
organizations, educational organizations, museum organizations, cooperatives,
airline industry enterprises, general information and individual countries. 
None of these TLD’s are aimed at the HR community, and none are
employment-specific.

Furthermore, Community needs regarding marketing and other uses regarding
“jobs” are not being met by current TLD’s at the second level.  Either multiple
levels of domains are required (e.g., third- and fourth-levels) or extended
URL’s are necessary (domain.com/jobs; domain.biz/other/jobs; etc.).  There is
no consistency, which leads to inefficiencies both within the Community and
through the Internet at large.  Such inconsistency and convoluted nature of
current URL fixes (e.g., domain.com/xxxxx/jobs, etc.) complicates the
Community’s task of marketing their product (jobs).  Such inconsistency
confuses the general Internet community and is inefficient (e.g., bandwidth
waste as job seekers must go through several entry pages until the employment
page is reached).

The .jobs sTLD delivers a choice to end users and likely attracts new supplier
and/or end user communities to the Internet.  The choice is simple: if you are
searching for information regarding jobs, an end user may still choose the old
ways (drill down to a job page from the home site of an employer; use a search
engine to try to find a job page of an employer, etc.) or may simply choose the
streamlined approach of resolving to the companyname.jobs website.  Use of the
.jobs sTLD will not eliminate current choices (as the links on the
companyname.com home website will now link to the companyname.jobs URL instead
of the older companyname.com/xxxxxxx/jobs URL), just add a streamlined
approach.  Employ Media believes that this streamlined approach, along with the
marketing advantage such gives to the Community, will result in at least new
end user communities on the Internet, as ease and simplicity of access
generally increases use.  Furthermore, new supplier communities may evolve as
members of the Community begin to address website design issues regarding their
companyname.jobs site (e.g., if special design modifications are desired for
the site).

The .jobs sTLD also delivers additional e-mail functionality to the Community
and the Internet at large.  For example, an e-mail address of
“hr@companyname.jobs” can be used for job and/or HR-related inquiries, and
“resume@companyname.jobs” may be used for resume submission.

Employ Media believes that the .jobs sTLD will enhance competition in the
domain registration services at least as such relates to competition among the
registrars.  As multiple registrars become qualified to accept .jobs
registrations (by e.g., becoming accredited ICANN registrars and entering into
a standard registrar agreement with Employ Media), competition between such
registrars will result.  Historically speaking, such competition generally
drives retail prices down, which may further increase demand for the domains. 
As many registrars have begun marketing a “turn-key, one stop-shopping”
solution to many of their corporate or other-entity clients, maintaining
additional registration(s) for .jobs domain(s) for each such entity will
compliment their current services and marketing strategy.  

It is further believed that, as a general proposition, the existence of an
additional TLD will increase TLD registry competition.  However, it is not
anticipated that .jobs registrations will take away many current TLD
registrations.  However, certain subgroups of the Community may create
significant competition among TLD registries.  For example, independent
recruiters are a key constituency of the Community.  As a high percentage of
their on-line presence may comprise job listings (as their core business
offering), it is anticipated that this constituency may choose to migrate from
current TLD registrations (likely in .com or .biz) to .jobs.  In this instance,
competition with existing TLD registries will be enhanced.

As detailed above, the .jobs sTLD will have a broad geographic and demographic
impact.  The marketing and pursuit of jobs is truly global and generally spans
all demographics.  The Community is a global community, as illustrated by the
prevalence of Personnel Management Associations (“PMA’s”) throughout the world
(e.g., the World Federation of Personnel Management Resources, of which SHRM is
a founding member, has over 50 international association members spanning most
continents).  The mere existence of such broad and highly-populated HR
associations in every geographic region of the world illustrates the
significant size of the Community which the .jobs sTLD will serve.  With the
diversity of the Community and the flexibility of marketing that the .jobs sTLD
gives members of the Community, Employ Media believes that in due time a large
number of registrants will be attracted.  Eventually, as knowledge of the .jobs
sTLD permeates the knowledge of the general community of the Internet, end
users will associate job hunting with the .jobs sTLD.  They will come to expect
that an employer (particularly large employers) will have a .jobs site, and
will go directly to companyname.jobs first in search of job and other
employment-related information.  Recognizing this, members of the Community
will take advantage of such an association and will be further encouraged to
register their own companyname.jobs domain.

In this light the .jobs Charter is of significantly broad scope to encompass
all members of the HR community, whether they choose to be a member of an
association (or become certified) or not.  Yet the Charter is not overly broad,
and includes the significant limitation of requiring members of the Community
to support the Code as a pre-requisite to becoming a Qualified Applicant.

Registrars

A .jobs sTLD further adds value to the Internet name space by fully
incorporating the ICANN-accredited registrar community into the sTLD.  Employ
Media will encourage all registrars to become sellers of .jobs domains.  As
such, selection and engagement of registrars will be by objective criteria
applied fairly to all; specifically, Employ Media will have standard registrar
terms governing the relationship between Employ Media and each registrar which
wishes to participate in the .jobs sTLD.  Employ Media believes that there is
little additional burden to registrars in selling .jobs sTLD’s  - Employ Media
performs the task of applicant verification (i.e., reviewing the Qualification
Document, the identity of the Qualified Applicant, the name of the proposed
registrant, etc.), and the technical interface with Employ Media/VNDS is very
similar to the current .com/.net registry/registrar interface (as it is
provided by the same entity - VNDS).  Employ Media believes that availability
of .jobs registrations via multiple registrars would be a benefit to the
Community (as a convenience factor), the Internet at large (also as a
convenience factor) and Employ Media (in terms of, at least, marketing).

B. Protect the rights of others 
The .jobs sTLD has policies and practices which minimize abusive registration
activities and other activities that affect the legal rights of others, and
which further provide safeguards against unqualified registrations and ensure
compliance with ICANN policies.

.jobs domain registrations are limited to the legal name of an employer and/or
a name or abbreviation by which the employer is commonly known.  As detailed in
Part C, Current Operations I, all prospective registrants must submit a
Qualification Document (generally speaking, third party written proof of status
as an employer organization, such as, e.g., in the U.S., a Form 941) which will
be reviewed by Employ Media for approval prior to authorizing registration. 
This will significantly minimize fraudulent entities from obtaining a
registration.  This will also minimize registration of a name by an entity
which does not have such a legal name or is not commonly known by such a name. 
This will minimize cybersquatters and/or domain prospectors.  Furthermore,
abusive “overreaching” applications (i.e., requesting domains which do not
reflect the name of the entity (legal or commonly known)) will be rejected
under this practice.

Unqualified registrations will be further minimized by the requirement of a
Qualified Applicant to submit an application for registration.  In the event an
application is submitted without a Qualified Applicant, the application will be
rejected.  In the event an application is accepted with what turns out to be a
fraudulent Qualified Applicant, the registration may be deleted.

All registrants are required to enter into a Registration Agreement.  The
Registration Agreement obligates the prospective registrant to support the
Code, to certify that a Qualified Applicant has submitted the application, that
the any statements made during the registration process (and in the
Registration Agreement) are complete and accurate, that (to the registrant’s
knowledge) the registration or intended use of the domain name will not
infringe upon or otherwise violate the rights of any third party, that the
registrant is not registering the domain name for any unlawful purpose, that
the registrant will not knowingly use the domain name in violation of any
applicable laws or regulations, and that the registration is subject to ICANN’s
UDRP (as modified for .jobs) and all applicable laws (such as
anti-cybersquatting legislation).  

It is acknowledged that Employ Media’s proactive screening processes may not
catch 100% of all abusive and/or non-compliant registrations.  It is further
acknowledged that circumstances may change during a registration period,
placing the registrant out of compliance with the Registration Agreement.  In
the event of a such a later-determined abusive or fraudulent application, a
complaint may be filed under the UDRP and the registrant will have to submit to
UDRP arbitration.  During this action, an independent arbitrator will determine
whether the actions of the registrant have violated the Registration Agreement.
 If so, the registration is subject to cancellation.  Alternatively, in the
event of an abusive or fraudulent use of a domain, the registrant is similarly
subject to the UDRP and the prospect of cancellation.  Via UDRP and other
enforcement (e.g., via litigation) of the Registration Agreement, abusive
and/or unqualified registrations are significantly minimized.  

Employ Media further recognizes that there is an added risk of abusive and/or
unqualified registrations during the start-up of the .jobs sTLD, and that such
a time is of particular significance in terms of the legal rights of others. 
In this light, it is anticipated that .jobs will launch with at least one and
more likely two start-up periods.

A first start-up period would be limited to a pre-defined pool of Qualified
Applicants and registrants.  Such a restriction is related to the interests of
the Community, i.e., they would encourage registration by the registrants which
have the most significant impact on the Community.  Furthermore, it is of
benefit to the Community that Qualified Applicants be expeditiously validated. 
In this light, the first start-up period will be limited to Qualified
Applicants who can supply written documentation to Employ Media that they are a
registered member of SHRM or a similar Personnel Management Association (such
as a PMA which is a member of the World Federation of Personnel Management
Associations - www.WFPMA.com).  During this initial launch phase (expected to
be the first six months), Employ Media will target its resources and outreach
to this pre-defined pool of Qualified Applicants.  Upon completion of the six
month period, Employ Media will report to ICANN the results of compliance
conformity and, if scoring at or above a threshold value (e.g., 90%), will
request to advance to the second start-up period.

The second start-up period, also to last six months, will expand the pool of
Qualified Applicants to the same pool as during standard operation of .jobs. 
After this six month period, Employ Media will again report to ICANN the
results of compliance conformity, and if scoring above a threshold value, will
advance past the start-up period to normal operations.

During normal operations, Employ Media may seek the assistance of Verification
Partners to assist and streamline the registration process.  Employ Media
understands that many employer organizations must already comply with third
party requirements regarding proof of employer status.  For example, most
automated payroll services, such as ADP, require proof of employer status. 
Employ Media will seek relationships with Verification Partners of the global
community where such proof of compliance may be shared and is consistent with
the geographic jurisdiction of the applicant.

It is believed that such a dual start-up period construct will alleviate many
abusive registrations and “legal rights” claims.

It is acknowledged, however, that during either of the start-up periods, that
multiple potential registrants may apply for a single .jobs domain name.  If,
after Employ Media’s screening practices, more than one qualified potential
registrant remains, an attempt will be made to resolve the situation among the
qualified parties.  As the best interests of the Community reflect a desire to
have employers accurately associated with a .jobs domain, parties will be
encouraged to implement a mechanism which allows all users to accurately
resolve to the employer of choice (e.g., a general redirection page) or to
decide among themselves which entity will get the registration.  In the event
that a resolution can not be achieved, the applications will be reviewed by
Employ Media to determine if any priority can be determined based upon the
established guidelines.  For example, it is anticipated that an exemplary
guideline would be that an applicant for an exact legal name would take
priority over an applicant for a commonly-known name which is not a legal name.
 In the event no such priority exists (or if more than one applicant remains
after such a screening), a random priority will be determined.  The
randomly-determined top priority applicant will be provisionally indicated as
the registrant.  All additional potential registrants which were in the random
drawing will be ranked by the random draw.  Each such ranked potential
applicant will be given an opportunity within a limited time frame to file a
stream-lined .jobs-modified UDRP complaint against the provisional registrant
to determine priority of rights.  The winner of the UDRP action may then be
challenged by the next-in-line ranked potential applicant until all potential
applicants have had the opportunity to make a UDRP case.  Upon the conclusion
of this process the last remaining potential applicant is allowed to register
the domain name.

It is not anticipated that such a situation will arise during normal
operations, where “first come, first serve” will be implemented, subject to
UDRP filings by subsequent parties based upon trademark/tradename rights,
registrant use issues and/or registration issues.

C. Assurance of charter-compliant registrations and avoidance of abusive registration practices 
Several precise measures for discouraging registration of .jobs domain names
that infringe the intellectual property rights of others are detailed in the
proposal section immediately preceding this section.  Additionally, it is noted
that a major concern of other TLD’s, namely, trademark infringement, is of
lesser concern as such relates to the .jobs TLD.  As the Charter and the
current policies prohibit all registrations which are not trade names or
commonly-known names, few (if any) applications for trademark.jobs will get
through Employ Media’s screening process.  This means that there will be little
pressure on current trademark holders to believe that they have to defensively
obtain all of their “trademarks.jobs”.  One event wherein a trademark right may
be affected is the instance wherein an applicant has a trade name and/or a
commonly known name which is identical or confusingly similar to a trademark. 
In this event a trademark holder is free to file a UDRP action (as modified for
.jobs).  Of note, however, is the effect on likelihood of confusion of the
.jobs sTLD.  Namely, due to restrictions set forth in this proposal, a
registration in the .jobs sTLD will be associated with an employer, and more
particularly the HR aspects of an employer (and still more likely job
postings).  Each such matter would likely be highly fact-specific, however, and
is more adequately addressed in a UDRP action or litigation.

Several precise measures for minimizing abusive registrations and ensuring that
only charter-compliant persons or entities are able to register .jobs domains
are also detailed in the proposal section immediately preceding this section,
including Employ Media’s screening processes of requiring a Qualified Applicant
and review of the Qualification Document.

A reserved list of names will be employed to prevent inappropriate name
registrations.  Furthermore, certain groups of domains will be reserved, such
as, e.g., a list of occupational identifiers (e.g., the U.S. Bureau of Labor
Statistics list of SOC occupations), industry identifiers (e.g.,
healthcare.jobs) and certain geographic identifiers (e.g.,
northeasternohio.jobs).  These restricted lists are in addition to the
restriction that .jobs domains comprise only trade names or commonly-known
names.  In the event other domains are made available for registration (which
would require a policy amendment subject to Council and SHRM approval), such
domains will be specifically enumerated (i.e., not creatable by an applicant)
and will be pre-screened to remove any inappropriate names.

The .jobs sTLD will comply with all applicable trademark and
anti-cybersquatting legislation.  In the event of an inconsistency between such
legislation and the procedures of Employ Media, Employ Media will revise its
procedures to be in compliance therewith.  In the event of such an
inconsistency with the Charter or a SHRM-dictated policy, Employ Media will
sponsor a proposed amendment to the Charter and/or policy and work with SHRM
and the Council to create and implement compliant policy.

Protection for famous names and trademarks will be provided during the
screening process of the Qualification Document by Employ Media.  To the extent
that a famous name or trademark is applied for which does not match (in Employ
Media’s best judgment) the name of the applicant on the Qualification Document
(including proof of a “commonly known name”), the application will either be
rejected or the applicant will be notified of a requirement for additional
Qualification Documents relating to the issue of the famous trademark or name. 
In the event Employ Media allows such a registration, the holder of the famous
trademark or name may pursue a UDRP action (as modified for .jobs) against the
registrant (or may pursue litigation).

Safeguards will also be taken to minimize abusive transfers.  A .jobs
registration may not be transferred between different registrants until the
transferee has submitted an application by a Qualified Applicant, submitted a
Qualification Document which has been approved by Employ Media, and otherwise
complied with the standard requirements for a qualified registrant.  Such
submission will not be required for a registrar change.

Of note, where in this proposal it is indicated that a Registration Agreement
will be entered into, or that a Qualification Document must be received, or
that a registrant must agree to submit to the UDRP, it is understood that such
actions will take place integrally with the registrars.  For example, Employ
Media will require all registrars which accept .jobs sTLD registrations to
require a registrant to agree to a Registration Agreement containing terms
described in this proposal.  Employ Media will be a named third party
beneficiary with strict enforcement rights.  Qualification Document(s) may be
received by the registrar and then forwarded to Employ Media for screening. 
All registrars which accept .jobs registrations will be required to adopt the
ICANN UDRP.

D. Assurance of adequate dispute-resolution mechanisms 
The .jobs sTLD will adhere to the ICANN UDRP (i.e., Employ Media will require
all registrars which register .jobs domains to adhere to the UDRP), modified as
set forth herein.  It is anticipated that the UDRP will be used in at least
three instances: (1) resolving post-registration claims regarding the domain
name itself; (2) resolving post-registration claims regarding use of the domain
name; and (3) during any start-up phase(s).

The standard UDRP policy will be modified as follows for .jobs TLD disputes:

The requirement that the domain name is identical or confusingly similar to a
trademark or service mark in which the complainant has rights is modified to
include “...confusingly similar to a trademark, service mark or trade name in
which the complainant has rights or the name under which the complainant does
business...”.  This will grant standing to an entity based upon the entity’s
trade name or name under which it does business.

The requirement that a complainant show that a domain has been registered and
is being used in bad faith is modified to require a showing that the domain has
been registered and/or is being used in bad faith.  This modification will
allow a claim based upon bad faith on the part of the registrant during either
registration or use.

Additional indicia of bad faith use will be added.  These indicia will include
(1) use of the domain name inconsistent with the Code and (2) use of the domain
name in connection with a list of prohibited uses, which will include
pornography (except for employment therein to a named employer), hacks/cracks
content, etc.  The list of prohibited uses will be compiled by Employ Media
with the assistance of SHRM to identify uses which the Community desires to be
prohibited.

Currently enumerated circumstances for proving a right and legitimate interest
will be amended to include trade names and names under which business is done
where trademarks and service marks currently are noted.  A showing of bad faith
registration or use, however, will be considered as prima facie evidence of no
legitimate interest.

The remedy requested provision will be revised in the event transfer is
required.  Transfer as a remedy will only be effectuated after the successful
complainant has otherwise qualified itself to Employ Media’s satisfaction as a
qualified registrant for the domain name at issue (including submitting a
Qualification Document approved by Employ Media, etc.).

With regard to resolving post-registration claims regarding the nature of the
domain name itself, a claimant will only have standing for a UDRP action if it
can prove the first modified prong of the UDRP.  In other words, such a
claimant must have rights in a trademark, service mark or trade name, or do
business under a name, which is confusingly similar to the registered domain
name.  This is actually broader than the standard UDRP.  To win, a complainant
must show bad faith registration or bad faith use.  If victorious, the remedy
is cancellation unless the complainant can otherwise make a showing to Employ
Media that it is a qualified registrant for the domain name at issue.

A complaint may also be filed under the UDRP for bad faith registration or use
of the domain name.  Under this type of complaint, the complainant need not
prove the first prong of the UDRP (relating to confusing similarity), but the
only possible remedy from this type of UDRP claim is cancellation.  If a
claimant wishes a transfer, it must file a UDRP action under post-registration
claims regarding the nature of the domain itself.  The difference is a
complaint filed under the former will be used by a complainant with its own
rights in the domain (i.e., is its own business name), while the latter
complaint relates to registration and use of the domain and may be filed by
anybody (e.g., Employ Media may file a complaint under this theory to cancel a
domain which Employ Media believes is being used inconsistently with the Code).
 Upon consulting with SHRM, Employ Media will determine whether a claim filed
under the latter theory will allow third parties (such as SHRM, the Council or
Employ Media) to file amicus curiae with the arbitrator of the claim.

A modified version of the UDRP may be used during any start-up phase, if
multiple Qualified Applicants apply for the same domain.

E. Provision of ICANN-policy compliant WHOIS service 
The .jobs TLD will operate with a thick registry (see Part E of this proposal).
 VDNS will maintain a shared registration system for all accredited registrars
who register .jobs domains.  WHOIS access will be facilitated in compliance
with ICANN policies.  It is anticipated that information will be provided which
is consistent with the WHOIS information currently provided in other TLD’s,
including identification of the registrant and contact information therefore,
administrative, technical and billing contacts, creation and expiration date
and DNS settings.

It is not anticipated that the identity or information regarding the Qualified
Applicant will be made generally available.  An exception may be made for UDRP
filings or litigation, but confidentiality may be required by a recipient in
such a situation.  The Qualification Document will not be made generally
available.  A similar exception may be included for UDRP filings or litigation,
but any such disclosure will only be under strict confidentiality requirements.

For technical details regarding how a complete, up-to-date, reliable and
conveniently accessible WHOIS database will be provided, see Part E of this
proposal.

Employ Media ensures that the .jobs WHOIS database and access thereto will
comply with emerging ICANN privacy policies, if and when they become approved.

© 2004 The Internet Corporation for Assigned Names and Numbers