Info sunrise Domain Name Reallocation rfp application




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.INFO Sunrise Domain Name Reallocation RFP Application



General Application Information




Deadline for Submission: December 22, 2009

For Official Use Only:

Applicants must submit one (1) electronic copy and one (1) hard copy of this Application Form. Additional attachments may be included to substantiate or demonstrate support for your proposal. Proposals must be submitted in BOTH hard copy and electronic copy before the deadline, along with payment. Proposals shall be deemed to have been made on the date of mailing marked on the receipt (hard copy), and on the date the email was transmitted (electronic copy).

[ ] Received:

[ ] Accepted:

[ ] Deposit:





Hard Copy Submission:

Electronic Copy Submission:

Afilias Limited
c/o Afilias USA, Inc.
300 Welsh Road, Bldg.3, Ste. 105
Horsham, PA 19044
USA

Attn: Sunrise Reallocation RFP



sunrise-redistribution@afilias.info




Acknowledgement and Acceptance of Terms and Conditions:

Applicants are reminded that you MUST accept and agree to be bound by the Terms and Conditions upon the submission of your Proposal to Afilias. You must check to confirm your acceptance in Section 4.1 below and sign the Applicant’s Certification in Section 5.0 (for the hard copy submissions).

Pages of









1.0

Proposed .INFO Domain of Interest

1.1

Please indicate the .INFO domain name(s) of interest.

Multiple domain names may be listed if they are related in terms of the business plan set forth below. Afilias reserves the right, in its sole and absolute discretion, to accept or reject this Application with respect to all domains listed as a group, or on a case by case basis with respect to specific domain names listed.

­     




2.0

Business and Marketing Plan

2.1

Description

Describe the business plan for your proposed use of the .INFO domain(s) of interest. Please provide adequate detail on the services to be provided and the proposed business model. Please include any information regarding legal or technical issues related to your registration of, or use of, the .INFO domain name(s) of interest that we should consider. Remember that a key goal of the .INFO Sunrise Domain Name Reallocation Program is the enhancement of the .INFO brand. Please include specific detail on how your proposal would help achieve that goal.

     




3.0

Applicant Information

3.1

Entity Information

Legal Name:

     

Type of Entity:

 For-profit company / partnership

 Not-for-profit organisation / association / co-operative / society

 Individual (Natural Person)

 Government / Government-owned agency



 Academic / Research Institute

 Other:

     

Jurisdiction of Establishment:

     

Principal Address:

     

Telephone:

     

Facsimile:

     

Please make sure phone and fax numbers include the country and area codes.

Email Address:

     

Website URL:

http://     

3.2

Primary Contact

Position:

     

Title:  Mr.  Ms.  Other:

     

First Name:

     

Middle Name / Initial:

     

Last Name:

     

Principal Address:

     

Email:

     

Mobile:

     

Telephone:

     

Facsimile:

     

3.3

Secondary Contact (OPTIONAL)

Position:

     

Title:  Mr.  Ms.  Other:

     

First Name:

     

Middle Name / Initial:

     

Last Name:

     

Principal Address:

     

Email:

     

Mobile:

     

Telephone:

     

Facsimile:

     

3.4

Preferred Registrar (Optional)

Please indicate the registrar through which you intend to register the domain name(s) of interest should your Application be approved by Afilias. Applicants are encouraged to provide this information, however, this is not required unless the Proposal is selected.

Registrar of Choice:

     





4.0

Terms and Conditions

4.1

Acknowledgement and Acceptance of Terms and Conditions

The terms “Afilias” and “we” as used herein refer to Afilias Limited.

Afilias, under contract with the Internet Corporation for Assigned Names and Numbers (“ICANN”), acts as the Registry Operator for the .INFO generic top-level domain.

Pursuant to the” Phased Equitable Reallocation of Non-Compliant .INFO Sunrise Domain Names” registry services request filed by Afilias, and posted at http://www.icann.org/en/registries/rsep/afilias-request-2008008-28aug08.pdf, as approved by the ICANN Board of Directors, as set forth at http://www.icann.org/en/minutes/prelim-report-21may09.htm, Afilias has undertaken a reallocation of certain non-compliant .INFO Sunrise Domain Names (the “Program”). As part of the Program, Afilias is accepting proposals from parties that wish to register one or more of the domain names subject to the Program (“Proposals”). Proposals shall be evaluated, inter alia, on the manner in which the applicant proposes to enhance the .INFO brand through its use of the domain name(s).

The terms "you" or "Applicant" as used herein refer to all individuals and/or entities who have submitted a Proposal to us for consideration under the Program and, where appropriate, the different status attained throughout the Program application process.

All Proposals under the Program are submitted subject to the following Terms and Conditions, which may be updated and revised by us from time to time by posting the revised version at the Afilias Website.

You accept and agree to be bound by the Terms and Conditions upon your submission of your Proposal to us.





I hereby accept and agree to be bound by the Terms and Conditions upon the submission of this Proposal to Afilias.

You must check the above box to acknowledge and accept these Terms and Conditions to complete this Application Form.

4.2

Proposal and Definitions

4.2.1 To take part in the Program, you are requested to submit a detailed proposal describing the business plans for your proposed use of the Domain Name(s) of Interest.

4.2.2 Proposals must be submitted in accordance with these terms and conditions. Failure to comply with the instructions and/or the submission of an incomplete Proposal may result in the rejection of a Proposal. Afilias reserves the right to select or reject a Proposal, in whole or in part, at its sole discretion.

4.2.3 All, or certain elements, of the Proposal may be published publicly, except information in the Proposal expressly and clearly identified by the Applicant as “Confidential”.

4.2.4 A US$250 Application Fee shall be charged to each application. This fee is non-refundable. Please enclose a check with the printed version on your application, payable to “Afilias Limited.”



4.3

Objectives

4.3.1 Afilias is committed to the long-term development of the .INFO TLD. The RFP portion of the Program is designed to identify qualified Applicants with the best potential and capabilities to maximize the development of a Domain Name of Interest, and thereby enhance the .INFO brand.

4.4

Process

4.4.1 Submission and Selection of a Proposal: Applicants must submit their Proposal(s) for the Domain Name(s) of Interest under the Program to Afilias. Afilias will have the sole discretion to select (or not select) from amongst these Proposals and offer the domain names to those successful Applicants.

4.4.2 Registration: A selected Applicant must confirm the registration of the relevant Domain(s) through a .INFO Accredited Registrar. The Applicant should identify the Registrar of choice upon the submission of the Proposal (included in the Application Form). Upon the confirmation of the registration, the Domain Name of Interest will be delegated and resolve technically to the specified name servers indicated by the Applicant, and the Applicant will be deemed the Registrant of the Domain(s). As a Registrant, the Applicant will be responsible for renewal of the Domain(s) as well as subject to the registry policies, including being subjected to the UDRP. The Applicant specifically acknowledges and agrees that the final allocation of the Domain(s) to Applicant shall be subject to an RFP challenge process designed to allow interested third parties to raise claims regarding the impact of the allocation of the Domain(s) on such third parties’ intellectual property rights.

4.4.3 Fulfilment of Commitments: The Applicant must develop the services and content as proposed and otherwise fulfil the requirements as set forth in the Proposal. Afilias reserves the right to cancel, suspend and/or reallocate the domain name should the covenants and representations made in the Proposal not be met or be found false. The Applicant understands and acknowledges that, before it has fulfilled the commitments set forth in the Proposal, it will not be able to transfer the Domain Name(s) of Interest to a third-party without the expressed written consent of Afilias.


4.5

Submission and Format

4.5.1 Applicants must submit one (1) electronic copy and one (1) hard copy of the Proposal. Proposals must be submitted in BOTH hard copy and electronic copy prior to 12:00 UTC on December 22, 2009.

Hard Copy submission:

Afilias Limited
c/o Afilias USA, Inc.
300 Welsh Road, Bldg 3, Ste. 105
Horsham, PA 19044
USA

Attn: Sunrise Reallocation RFP

Electronic Copy submission (.PDF format) via email:

sunrise-redistribution@afilias.info

4.5.2 All Proposals shall be deemed to have been made:

4.5.2.1 In the case of electronic copy, on the date that the communication was transmitted, provided that the date of transmission is verifiable; and

4.5.2.2 In the case of hard copy, on the date of mailing.

Afilias reserves the right, in its sole discretion, to reject Proposals received after the submission deadline and/or deficient or incomplete Proposals.

4.5.3 Applicants must complete the Application Form, which forms part of the Proposal. The Proposal must clearly address all the criteria and issues sought in the Application Form in sufficient detail to enable Afilias to make an informed assessment of the Applicant’s Proposal.

4.5.4 All Proposals must be submitted in the English language.

4.5.5 Each hard copy of the Proposal must include a signed Applicant’s Certification included in the Application Form. The Applicant’s Certification must be signed by a person or persons with the power and authority to bind the Applicant.



4.6

Clarifications and Addenda

4.6.1 All questions, requests for clarification, and requests for additional information regarding these Terms and Conditions must be submitted electronically in writing to sunrise-redistribution@afilias.info

Afilias, at its sole discretion, may post any question or request, in whole or in part, regarding the Program and its response on the Afilias Website. By submitting a question or request to Afilias, the Applicant grants Afilias permission to post such question or request, in whole or in part, on the Afilias Website. Applicants should not include any confidential or proprietary information in questions or requests. Afilias shall not be responsible for disclosure of proprietary or confidential information contained in such questions or requests.

4.6.2 If Afilias determines, at its sole discretion, that a response to any question or request requires an addendum to these Terms and Conditions, it will post the addendum on the Afilias Website. Any such addenda shall become part of these Terms and Conditions upon posting on the Afilias Website. Afilias shall not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations provided by Afilias or its representatives regarding these Terms and Conditions, the Program, or any Proposal. Applicants are advised to check Afilias Website regularly for such addenda.


4.7

Evaluation Process

4.7.1 Afilias reserves the right, at its sole discretion, to alter any schedule of proposal evaluation which may be announced as it deems necessary or appropriate. Dates listed may be changed by posting on Afilias Website without notice to any Applicant or prospective Applicant.

4.7.2 Afilias will commence evaluation of a Proposal immediately upon receiving such Proposal and the corresponding Application Fee.



4.8

Non-Confidentiality of Information

Any information in the Applicant’s Proposal that is considered to be trade secret, privileged, or confidential commercial or financial information, or of a personal nature, should be specifically and clearly marked and identified as such. Unless appropriately marked and identified otherwise, Afilias will assume that all Proposals and information contained therein are not confidential.

4.9

Agreement to Terms and Conditions

By submitting a Proposal, the Applicant agrees to the Terms and Conditions set forth herein for the Program. For clarity, regardless of whether or not the Applicant has checked to acknowledge the acceptance of these Terms and Conditions in 4.1 above, or whether the Applicant has signed the Applicant’s Certification set out in58.0 below, the Applicant, by submitting a Proposal becomes bound by these Terms and Conditions.

4.10

Reservation of Rights

4.10.1 Afilias is not obligated to enter select or approve any Applicant or Proposal. Afilias is not liable for any costs incurred by any Applicant in the preparation and submission of a Proposal(s) or otherwise in connection with the Program.

4.10.2 Without limitation, Afilias reserves the right to:

(i) Select or accept any Proposal in its sole discretion;

(ii) Reject, decline or not accept any and all Proposals for any reason, with or without explanation;

(iii) Request additional information or clarification from an Applicant regarding any Proposal

(iv) Conduct investigative assessment of the Applicant’s representations in a Proposal;

(v) Rescind the Selection of a Proposal for any reason, with or without explanation;

(vi) Cancel or rerun the Program;

(vii) Remedy technical errors in these policies or in the Program;

(xiii) Negotiate with any, all, or none of the Applicants;

(ix) Waive, in its sole discretion, any requirements of the Program; and/or

(x) Cancel, suspend or re-appropriate the Domain and release the Domain or allocate it to another Applicant should the representations made in the original Applicant’s Proposal not be met or were found to be false



4.11

Disclaimer Regarding Potential Disputes

4.11.1 The Applicant acknowledges and agrees that Afilias makes no representations or warranties of any kind in connection with these Terms and Conditions, the Program, or the Domain Name(s) of Interest and specifically makes no guarantee to the Applicant against the possibility of:

(i) Cancelation, suspension or re-appropriation of the Domain to another party should the representations made in the Applicant’s Proposal not be met or be found;

(ii) Objection to, or challenge of, the Registration or use of any Domain Name(s) of Interest;

(iii) Afilias’ offer of a similar domain name and/or the registration and/or use of a similar domain name in .INFO or any TLD by another Applicant or third party; and/or

(iv) Registration and/or use of a similar domain name by another Applicant or third party in a manner that might compete with or cause confusion with respect to the Registration and/or use of any Domain Name(s) of Interest.

4.11.2 Afilias has no obligation to independently verify if the Domain Name(s) of Interest (or any use a Registrant makes of the Domain Name(s) of Interest) infringes the legal rights of others, nor does it seek to verify if Applicants’ rights to any domain name have been infringed by a third party. It is each Applicant’s responsibility to protect its legal rights, investigate infringement of its rights and other’s rights with respect to any Domain Name(s) of Interest. The Applicant acknowledges and agrees that it is exclusively liable for any infringements of rights and Afilias shall not be liable towards the Applicant or any third party at all.



4.12

Disclaimer of Warranties

4.12.1 With respect to the subject matter hereof, Afilias expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Whether or not the Applicant’s Proposal is selected and/or applicant elects to Register said Domain Name of Interest, Afilias makes no warranty that the Domain Name of Interest and service(s) referenced herein (including, without limitation, theProgram and the related process) will meet the Applicant’s requirements, or that any element of the Program and/or access to and use of the Domain Name of Interest will be uninterrupted, timely, secure, or error free; nor does Afilias make any warranty as to the results that may be obtained from participating in any part of the Program and/or from a Domain Name of Interest or as to the accuracy or reliability of any information obtained through the Afilias Website. Applicant understands and agrees that any material and/or data obtained through the use of the Afilias Website is done at Applicant’s sole discretion and risk.

4.12.2 No advice or information, whether oral or written, obtained by an Applicant from Afilias, its staff, members, directors, consultants or representatives, or through the Afilias Website, shall create any warranty, expressed or implied.

4.12.3 To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to the Applicant. In such case, the remainder of the above exclusions will continue to apply and be enforceable as if the unenforceable part were not included herein.

4.13

Disclaimer of Liability

4.13.1 In no event shall Afilias be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from or relating to the Program or the related process or resulting from any data, information, or services obtained or transactions entered into through or arising from or in connection with the Program, including, but not limited to, damages for loss of profits, use, data, or other intangibles, even if Afilias has been advised of the possibility of such damages. Nor shall Afilias be liable for the cost of procurement of substitute services.

4.13.2 Without limiting the foregoing, Afilias expressly disclaims any liability resulting from: the conduct of or Applicant’s participation in the Program; data non-delivery or mis-delivery between the Applicant and Afilias; processing and/or consideration of Applicant’s Proposal; processing, registration, and/or loss of registration of a Domain Name of Interest; use of a Domain Name of Interest; disputes over domain name registrations, including the decision of any dispute resolution proceeding; ruling of a court or tribunal from competent jurisdictions; errors, omissions or misstatements; and/or natural or unnatural events beyond Afilias’ control.

4.13.3 In no event shall Afilias’ liability to applicant or any third party in connection with or arising from the Program or the related process exceed the amount of the Application Fee the Applicant has paid to Afilias pursuant to the submission of the Proposal.

4.13.4 If any state or jurisdiction does not permit the limitation or limitation of certain types of liability, Afilias’ liability shall be limited to the smallest amount permitted by law.

4.13.5 If any part of these Terms and Conditions is declared invalid or unenforceable for any reason, the remainder will be valid and enforceable as if the invalid or unenforceable part were not included herein. There shall be substituted for any invalid or unenforceable provision a suitable provision that, as far as is legally possible, comes nearest to the sense and purpose of these Terms and Conditions, taking into account all other applicable rules and policies.


4.14

Indemnity

The Applicant agrees to indemnify, to the maximum extent permitted by law, defend and hold harmless Afilias, and its subsidiaries and affiliates, and the directors, officers, employees and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Applicant’s participation in the Program.

4.15

Arbitration

Any difference, controversy or claim (whether based on contract, tort, statute, or any other legal basis) arising out of or relating to the Program or the related process (including, without limitation, the formation, existence, validity, enforceability, performance, expiration, or termination of the Program, or the arbitration provision herein) or the products and services supplied by either party to the Program including any application for provisional or protective relief shall be finally, confidentially, and individually resolved by arbitration by three (3) arbitrators in accordance with the Rules of Arbitration then in effect of the International Court of Arbitration of the International Chamber of Commerce, or its successor; provided that these Terms and Conditions shall control if there is a conflict between it and the Rules of Arbitration. The seat of the arbitration shall be Dublin, Ireland. The language of the arbitration shall be English, and all documentation, testimony, or other materials submitted to the arbitrators shall be in the English language.




5.0

Applicant’s Certification

BY SIGNING BELOW, THE APPLICANT’S SUBMISSION OF A PROPOSAL SHALL BE DEEMED AN EXPRESS REPRESENTATION, WARRANTY, AND CERTIFICATION BY THE APPLICANT THAT:

• The Applicant has read and understands the Terms and Conditions of the Program, investigated all aspects of the Terms and Conditions and is aware of the applicable facts pertaining to the Program, its procedures, and its requirements;

• The Applicant has read and understands the Application Form and investigated all aspects of the Proposal, and is aware of the applicable facts pertaining to the Proposal, its representations, procedures, and its requirements;

• All information and representations provided by the Applicant to Afilias, including all information and representations set forth in the Proposal, are current, complete, reliable, and accurate;

• The Applicant will update its Proposal in the event that it discovers any errors or that material changes occur affecting the completeness, reliability or accuracy of information contained in the Proposal;

• The Applicant acknowledges and agrees to all terms, conditions, and requirements contained in these Terms and Conditions, and the Proposal;

• The Applicant is able to deliver the services and products as specified in the Proposal; and,

• The Applicant understands and acknowledges that, before it has fulfilled the commitments set forth in the Proposal, it will not be able to transfer the Domain Name(s) of Interest to a third-party without the expressed written consent of Afilias.


NO PROPOSAL SHALL BE ACCEPTED WHICH HAS NOT BEEN SIGNED IN INK IN THE APPROPRIATE SPACE BELOW.

Authorized By (Name):

     

Position:

     

Organisation / Legal Name:

     

Signature:

Date:

X

     

(DD/MM/YYYY)



.INFO Sunrise Domain Name Reallocation RFP Application Form




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