[Draft] .org Application Transmittal Form

Posted: 1 May 2002

[Draft] .org Application Transmittal Form

An application is hereby made to become the successor operator of the registry for the .org top-level domain.

B1. This application is made by:

[List the full legal name, principal address, telephone and fax numbers, and e-mail address of the applicant.]

B2. The person signing below certifies that he or she has full authority to make this application on behalf of the applicant and to make all agreements, representations, waivers, and undertakings stated in this transmittal form and accompanying materials. Copies of the documents demonstrating the authority are attached.

[Attach directly to this transmittal form the documentation of the authority of the person signing. Place the legend "B2: Authorization" at the top of each page of these attachments.]

B3. All documents linked directly or indirectly from ".org Application Process: Information for Applicants," posted at <http://www.icann.org/tlds/org/> have been thoroughly reviewed on behalf of applicant. In particular, the following documents have been reviewed:

B3.1. Application Instructions: .org Top-Level Domain, posted at <http://www.icann.org/tlds/org/app-instructions.htm>.

B3.2. Reassignment of the .org Top-Level Domain: Criteria for Assessing TLD Proposals, posted at <http://www.icann.org//tlds/org/criteria.htm>

The applicant understands that failure fully to follow instructions included in these documents will be a factor negatively affecting consideration of this application.

B4. This application consists of the following, in addition to this transmittal form:

B4.1. The .org Proposal, with cover sheet and attachments and accompanying materials.

[With this transmittal form, submit a clearly labeled and separately bound .org Proposal.]

B4.2. A Fitness Disclosure.

[With this transmittal form, submit a clearly labeled and separately bound Fitness Disclosure prepared by the applicant.]

B4.3. A Statement of Requested Confidential Treatment of Materials Submitted.

[Whether or not any confidential treatment is sought, please attach the Statement of Requested Confidential Treatment of Materials Submitted, including attached sheets, directly to this transmittal form. Place the legend "Statement of Requested Confidential Treatment of Materials Submitted" at the top of every page of the statement.]

 

B5. This application is accompanied by one or more 3½" floppy diskettes (IBM high density) or a CD-ROM containing files with item B4.1 above. Each item is provided in a common word-processing format and in HTML format.

[Submit the disk(s) with the application.]

B6. Check one:

( ) This application is accompanied by a check, drawn on a United States bank and payable to the Internet Corporation for Assigned Names and Numbers (ICANN), in the amount of 35,000 United States dollars.

( ) At least five business days before submitting this application, the applicant has sent 35,000 United States dollars by wire transfer according to item A10.2 of the .org Top-Level Domain Application Instructions. This application is accompanied by a wire transfer receipt or other document identifying the wire transfer.

The applicant understands and agrees that this US$35,000 is only an examination fee (established on an interim basis) to obtain consideration of this application; that the fee will be refunded or returned only in the following two circumstances: (a) a rebate is made in ICANN's sole discretion according to item A24 of the .org Top-Level Domain Application Instructions and (b) in the event that the applicant withdraws this application prior to its consideration because the applicant and ICANN do not reach an agreement on confidential treatment of the application. (See section I of the Statement of Requested Confidential Treatment of Materials Submitted for details on this exception.) Under no circumstances will ICANN's failure to select this application be grounds for refund of all or any part of the examination fee.

The applicant also understands and agrees that there is no understanding, assurance, or agreement that this application will be selected for negotiations toward entry of a .org registry agreement; or that, if this application is selected, the negotiations will lead to entry of such an agreement or appointment of the applicant as the successor operator of the registry for the .org top-level domain. The applicant understands and acknowledges that ICANN has the right to reject all applications to become the successor operator for the .org registry that it receives.

[Be sure to include a valid check drawn on a United States bank in the full amount, or documentation of the wire transfer.]

B7. The applicant hereby authorizes ICANN to:

B7.1. contact any person, group, or entity to request, obtain, and discuss any documentation or other information that, in ICANN's sole judgment, may be pertinent to this application,

B7.2. take any other steps to verify, elaborate on, supplement, analyze, assess, investigate, or otherwise evaluate the information contained in this application or other information that, in ICANN's sole judgment, may be pertinent to this application,

B7.3. consult with persons of ICANN's choosing regarding the information in this application or otherwise coming into ICANN's possession.

 

B8. The applicant understands that difficulties encountered by ICANN in verifying, elaborating on, supplementing, analyzing, assessing, investigating, or otherwise evaluating any aspect within or related to this application may reflect negatively on the application. In consideration of ICANN's review of the application, the applicant hereby waives liability on the part of ICANN (including its officers, directors, employees, consultants, attorneys, and agents) for its (or their) actions or inaction in verifying the information provided in this application or in conducting any other aspect of its (or their) evaluation of this application. The applicant further waives liability on the part of any third parties who provide information to ICANN or its officers, directors, employees, consultants, attorneys, and agents in connection with the application.

B9. The applicant hereby authorizes ICANN (and its officers, directors, employees, consultants, attorneys, and agents) to publish on ICANN's web site, and to disclose or publicize in any other manner, all materials submitted to, or obtained or generated by, ICANN (or its officers, directors, employees, consultants, attorneys, and agents) in connection with the application, including ICANN's (or their) evaluations and analyses in connection with the application or ICANN's investigation or evaluation of the application, except to the extent set forth in a written and duly signed agreement between ICANN and the applicant on the terms for confidential treatment of particular materials or information submitted by applicant. The applicant grants ICANN and its officers, directors, employees, consultants, attorneys, and agents a license to use any copyright or other intellectual property that applicant may have in any portion of the application for this purpose.

B10. The applicant hereby gives ICANN permission to use the applicant's name and/or logo in ICANN's public announcements (including informational web pages) relating to the reassignment of the .org top-level domain.

B11. The applicant hereby agrees, acknowledges, and represents that it has no legally enforceable right to acceptance or any other treatment of this application or to the delegation in any particular manner of the .org top-level domain. It further agrees, acknowledges, and represents that it has no legally enforceable rights in, to, or in connection with the .org top-level domain by virtue of its preparation or submission of this application or by virtue of ICANN's receipt of this application, ICANN's acceptance of the examination fee, ICANN's consideration or other handling of this application, or statements made in connection with this or other applications ICANN receives.

B12. The applicant understands and agrees that it will acquire rights in connection with the .org top-level domain only in the event that it enters one or more written, duly signed agreements with ICANN, and that applicant's rights in connection with the .org top-level domain will be limited to those expressly stated in the written, duly signed agreements.

B13. In consideration of ICANN's review of the application:

B13.1. the applicant, for itself and each of its officers, directors, employees, consultants, attorneys, agents, partners, and joint venturers, hereby agrees that neither ICANN, nor any of its officers, directors, employees, consultants, attorneys, and agents, shall have any liability for its/his/her receipt, consideration, evaluation, analysis, or other activities in any way connected with this application; and

B13.2. the applicant hereby releases and forever discharges ICANN and each of its officers, directors, employees, consultants, attorneys, and agents from any and all claims and liabilities relating in any way to (a) any action or inaction by or on behalf of ICANN in connection with this application or (b) the appointment or failure to appoint of a successor registry operator for the .org top-level domain.

 

B14. Please send an e-mail to the following address acknowledging receipt of this application:

[Please fill in the e-mail address to which an acknowledgement should be sent.]

By signing this transmittal form, the undersigned certifies, on his or her own behalf and on behalf of the applicant, that all information contained in this application, and all supporting documents included with this application, is true and accurate to the best of his/her/its knowledge and information. The undersigned and the applicant understand that any material misstatement or misrepresentation will reflect negatively on this application and may cause cancellation of any delegation of a top-level domain based on this application.

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Signature

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Name (please print)

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Title

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Name of Applicant

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Date

Page updated 01-May-2002
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