Amendment No. 4 to the .MOBI
Sponsored TLD Agreement
The Internet Corporation for
Assigned Names and Numbers and Afilias Technologies
Limited agree, effective as of ______________________________________
(“Amendment Effective Date”), that the following modification is made to the
10 July 2005 .MOBI Registry Agreement:
I.
The Parties agree to the
following modifications to Section 7.1 of the Agreement:
1.
Deleting
Section 7.1(c), which currently reads:
“c. Restrictions on Acquisition
of Ownership or Controlling Interest in Registrar. Registry Operator
shall not acquire, directly or indirectly, control of, or a greater than
fifteen percent ownership interest in, any ICANN-accredited registrar,
without ICANN's prior approval in writing, which approval shall not be
unreasonably withheld.”
2.
Amending
Section 7.1(b) to read:
“b. Registry Operator Shall Not
Act as Own Registrar. Registry Operator shall not act as a registrar with
respect to a “domain name registration” as that term is defined in Section
7.2(b) below. This shall not preclude Registry Operator from registering
names within the TLD to itself through a request made to an ICANN-accredited
registrar or from becoming an Affiliate of or reseller for an
ICANN-accredited registrar.”
3.
Adding
new Sections 7.1(c) and 7.1(d) to read as follows:
"c. If Registry Operator (i)
becomes an Affiliate or reseller of an ICANN accredited registrar, or (ii)
subcontracts the provision of any Registry Services to an ICANN accredited
registrar, registrar reseller or any of their respective Affiliates, then, in
either such case of (i) or (ii) above, Registry Operator will give ICANN
prompt notice of the contract, transaction or other arrangement that resulted
in such affiliation, reseller relationship or subcontract, as applicable,
including, if requested by ICANN, copies of any contract relating thereto;
provided, that ICANN will not disclose such contracts to any third party
other than relevant competition authorities. ICANN reserves the right, but
not the obligation, to refer any such contract, transaction or other
arrangement to relevant competition authorities in the event that ICANN
determines that such contract, transaction or other arrangement might raise
competition issues.
d. For the purposes of this
Agreement: (i) "Affiliate" means a person or entity that, directly
or indirectly, through one or more intermediaries, or in combination with one or more
other persons or entities, controls, is controlled
by, or is under common control with, the person or entity specified, and (ii)
"control" (including the terms "controlled by" and
"under common control with") means the possession, directly or
indirectly, of the power to direct or cause the direction of the management
or policies of a person or entity, whether through the ownership of
securities, as trustee or executor, by serving as an employee or a member of
a board of directors or equivalent governing body, by contract, by credit
arrangement or otherwise.”
4.
Adding
Section 7.1(e) to read:
"e. In connection with the
operation of the registry for the TLD, Registry Operator shall comply with
the Registry Code of Conduct as set forth in Appendix 8."
II.
The Parties agree that
Appendix 8 to the Agreement is hereby added in its entirety in the form
attached hereto.
The parties have duly executed
this Amendment as of the date associated with that party’s signature first
written below.
THE INTERNET CORPORATION FOR
ASSIGNED NAMES AND NUMBERS
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AFILIAS TECHNOLOGIES LIMITED
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By:____________________________
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By:_____________________________
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Name: Akram
Atallah
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Name: Tom Wade
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Title: President, Global Domains
Division
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Title: Chief Financial Officer
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Date:___________________________
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Date:____________________________
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