Friday, October 16, 2015

The .WINE Qualified Launch Program

The .WINE Registry may allocate or register up to one hundred (100) domain names to third parties prior to or during the Sunrise Period in compliance with the Trademark Clearinghouse Rights Protection Mechanism Requirements Qualified Launch Program Addendum.

The .WINE Qualified Launch Program will run from 4 November 2015 – 16 January 2016.

Qualified Launch Program Addendum

This addendum (this “Addendum”) to the Trademark Clearinghouse Rights Protection Mechanism Requirements (the “TMCH Requirements”) is hereby approved by ICANN as of 05 June 2015 and, pursuant to the terms of Section 4.5.1 of the TMCH Requirements, automatically incorporated without further action by either ICANN or any Registry Operator into the TMCH Requirements. All capitalized terms used in this Addendum but not defined herein have the meaning given to them in the TMCH Requirements.
  1. Pursuant to Section 3.2 of Specification 5 of the Agreement, Registry Operator MAY register to itself up to one hundred (100) domain names (plus their IDN variants, where applicable) cumulatively over the life of the TLD. If Registry Operator complies with the terms and conditions of this Addendum, Registry Operator MAY, through an ICANN-accredited registrar, Allocate or register such one hundred (100) domain names (plus their IDN variants, where applicable) to third parties prior to or during the Sunrise Period (each such domain name, a “QLP Name”) for the purpose of promoting the TLD (a “Qualified Launch Program”). Except as permitted by this Addendum, Registry Operator MUST NOT Allocate or register such one hundred (100) domain names (plus their IDN variants, where applicable) to third parties prior to the Allocation and registration of all Sunrise Registrations.
  2. If, at the time Registry Operator seeks to Allocate or register a QLP Name, the QLP Name matches a label contained in the list provided to Registry Operator by the TMCH Sunrise and Claims Provider containing the labels attributable to Sunrise-Eligible Rights Holders (the “Sunrise List”), then such QLP Name MAY be Allocated or registered to a third party registrant as follows:
    1. To a registrant who is a Sunrise-Eligible Rights Holder with a valid SMD file for a label that matches the QLP Name; or
    2. To a registrant who is an international, national, regional, local or municipal governmental authority (a “Public Authority”) and such QLP Name is either identical to, or translation or a transliteration of, (i) the name or acronym of such Public Authority, (ii) the name of a building, park, monument, airport or other public place operated by such Public Authority, (iii) the name of a region, city, street, district or other geographic area under the governance of such Public Authority, or (iv) the name of a recognized public service provided by such Public Authority. Except as permitted by this Section, if a QLP Name matches a label contained in the Sunrise List, such QLP Name MUST NOT as part of the Qualified Launch Program be Allocated or registered to a registrant who is not a SunriseEligible Rights Holder with a valid SMD file for a label that matches the QLP Name.
  3. If, at the time of Allocation or registration of a QLP Name, the QLP Name does not match a label contained in the Sunrise List, then such QLP Name MAY be Allocated or registered to any third party registrant (i.e. does not have to be Allocated or registered to a Sunrise-Eligible Rights Holders), provided that such QLP Name is promptly Allocated or registered to such third party following such review of the Sunrise List.
  4. If Registry Operator reviewed a QLP Name against the Sunrise List at the time such QLP Name was Allocated to a third party, then Registry Operator will not be required to review such QLP Name 2 against the Sunrise List again at the time of the registration of such QLP Name to such third party.
  5. Prior to Allocating or registering any QLP Name, Registry Operator MUST obtain a Sunrise List from the TMCH Sunrise and Claims Provider. Registry Operator MUST obtain a Sunrise List from the TMCH Sunrise and Claims Provider at least once every 24 hours throughout the duration of the Qualified Launch Program. Registry Operator MUST NOT Allocate or register a QLP Name without obtaining the Sunrise List in accordance with the time requirements of this Section 4 and, as contemplated by this Addendum, reviewing the QLP Name against the most recent Sunrise List obtained by Registry Operator. Registry Operator will obtain the Sunrise List from the TMCH Sunrise and Claims Provider in the same manner as it obtains the Domain Name Label (DNL) List (as defined in the Functional Specification). Notwithstanding any provision of this Addendum, Registry Operator MUST NOT Allocate or register a QLP name prior to the delegation of the TLD to nameservers designated by Registry Operator into the root-zone.
  6. Reporting.
    1. Upon and following the first registration of a QLP Name, Registry Operator MUST transmit any QLP Name registered pursuant to Section 2 of this Addendum to the TMCH Sunrise and Claims Operator in its List of Registered Domain Names, as specified in the Functional Specification. Registry Operator acknowledges that ICANN may obtain such list of Registered Domain Names from the TMCH Sunrise and Claims Operator in order to assess Registry Operator’s compliance with the provisions of this Addendum and related provisions of the Agreement.
    2. Promptly following Registry Operator’s Allocation or registration of all one hundred (100) domain names available for Allocation or registration for the TLD pursuant to Section 3.2 of Specification 5 of the Agreement (accounting for Section 7 of this Addendum) or Registry Operator’s decision to not Allocate or register any further QLP Names beyond what it has already Allocated or registered, and in no event later than the end of the Sunrise Period, Registry Operator MUST deliver to ICANN, via the Global Domains Division Portal (https://myicann.secure.force.com/gdd), a list of all of its Allocated or registered QLP Names (“QLP Names List”). Additionally, upon ICANN’s request at any time, Registry Operator MUST promptly deliver to ICANN its then current QLP Names List. Registry Operator acknowledges and agrees that ICANN MAY post Registry Operator’s QLP Names List to Registry Operator’s TLD Startup Information page.
  7. Each Allocation or registration of a QLP Name to a third party as permitted by this Addendum will reduce the cumulative number of domain names that could otherwise be registered by Registry Operator for the operation and promotion of the TLD pursuant to Section 3.2 of Specification 5 of the Agreement (i.e. if Registry Operator registers 20 QLP Names, Registry Operator will only have 80 domain names available to it under Section 3.2 of Specification 5 of the Agreement over the life of the TLD, either for its own use or for use as a QLP Name).
  8. Except for QLP Names Allocated or registered pursuant to Section 2.1 of this Addendum, Registry Operator MUST provide the Claims Services for each QLP Name registered to a third party.
  9. A registration of a QLP Name is deemed a “Sunrise Registration” for purposes of the TMCH Requirements and the Agreement. 3
  10. Notwithstanding any provision of this Addendum, Registry Operator must comply with Section 6 of Specification 6 of the Registry Agreement in connection with the registration of any QLP Name.
For more information, contact the Nameshield Group.

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