Dominion Registries Founders Program Agreement Terms and Conditions

Transcription

1 Dominion Registries Founders Program Agreement Terms and Conditions Acceptance In order to participate in the Founders Program, Applicants MUST accept and agree to these Terms and Conditions. Sign below to confirm your acceptance. Acceptance must be made by a person or persons with the power and authority to bind the Applicant. Definitions The terms Dominion, we and us as used herein refer to Dominion Registries. Dominion Registries is the ICANN Designated Registry Operator for the.autos,.boats,.yachts,.homes and.motorcycles Top Level Domains. Dominion Registries is an American company, with its headquarters at 150 Granby Street, Norfolk, VA Under Dominion s agreement with ICANN, Dominion s delegated authority includes creating policies and procedures to reserve or allocate domain names for registration in various ways. The Dominion Founders Program ( Program ) is designed to allocate domain names based on applications, proposals, and responses to RFPs received by Dominion for the use of certain domain names. The terms "you", "Applicant", and Founder as used herein refer to all individuals and/or entities who have submitted an Application to Dominion for consideration under the Founders Program and, where appropriate, the different status attained throughout the Founders Program application process. You hereby represent that you have the power and authority to bind the Applicant to these Terms and Conditions. Dominion conducts the Program, subject to the Terms and Conditions, which may be updated and revised by us from time to time.

2 Application Dominion will accept Applications for review, submitted to us in accordance with the published application process for the Founders Program. This application process can be found on the Dominion Registries website: Applicants acknowledge that Dominion has relied upon representations made in your Application to invite you to sign this Agreement and participate in the program. Applicants represent that they meet the eligibility requirements defined in the registration policies for the associated Top Level Domain located on Dominion Registries websites. Program Objectives Dominion is committed to the long-term development of a safe, secure, high quality content internet space with content specifically related to the industries we serve, the Auto, Marine, Motorsports, and Homes industries. Eligibility requirements exist for all domain name registrants wishing to use the.autos,.boats,.yachts,.homes or.motorcycles domain names. By doing this, Dominion Registries strives to provide and enable the development of a safe, reliable internet namespace that provides only industry related, quality content for internet users. Eligibility requirements can be found in our registration policies available at each of our registry websites. The Dominion Founders Program seeks leaders and innovators in the industries we serve to adopt a new.autos,.boats,.yachts,.homes or.motorcycles domain name to build and promote high quality websites with relevant industry content. Dominion aims to encourage active and positive usage of our domains, providing reliable and related, quality content for online consumers, and to stimulate the growth of the industry-specific internet namespace that online consumers can trust. The Founders Program is designed to identify qualified Applicants with the best potential and capabilities to maximize the development, public reach, awareness and active use of domain names approved via the Program. Dominion is committed to the orderly launch and operation of the.autos,.boats,.yachts,.homes and.motorcycles Top Level Domains. Dominion complies with all ICANN requirements and takes into consideration the protection of existing intellectual property rights and the prevention of abusive registrations. To adhere to this principle and to ensure the integrity of the introduction of each of our TLDs, all Applicants and domain names selected for Dominion s Founders Program may be subject to a challenge based upon other applicable policies, restrictions, or obligations of Registry Operator, Registrar or Registrant.

3 Selection Process Selection of an Application and signing this agreement: Applicant acknowledges that Dominion has the sole discretion to select Founders Program participants from eligible Applicants. Domain Name Registration If registration of the domain name is not already complete, the Applicant will need to register the domain name through an accredited registrar. If the desired domain name is not publicly available to be registered for any reason at the time of application acceptance, the Applicant will work with Dominion s Program administrator to register the domain name. Upon becoming the Registrant, the Applicant will be responsible for the annual domain name(s) registration fee(s) to the registrar and subsequent registration renewals of the domain names(s) agreed upon for the Founders Program. All Applicants and registrants are bound by and subject to the registry policies which are published on the Dominion Registries websites. Fulfilment of Commitments The Founder must fulfil the requirements agreed to in this Founders Program Agreement. Dominion reserves the right to cancel, suspend and/or reallocate the domain name with prior written notice to the Founder should the requirements not be met. In such a case, after written notice, the Founder will have 10 days to ensure all requirements are fulfilled and accepted by Dominion. Clarifications and Addenda If Dominion determines, at its sole discretion, that an addendum to these Terms and Conditions is necessary, it will notify and deliver the addendum to the Founder in writing, by post and/or . Any such addenda shall become part of these Terms and Conditions. Dominion shall not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations provided by Dominion or its representatives regarding these Terms and Conditions. Evaluation Process and Timeline Dominion has relied upon your representations to assess your application based on the following criteria:

4 Industry leader with ability to provide high quality, relevant website content using a.autos,.boats,.yachts,.homes or.motorcycles domain name. Innovative use and promotion plan Promotion commitments for the Applicant s new website(s) to their customer base, or other targeted audience, including information about the benefits for online consumers using a.autos,.boats,.yachts, Homes or.motorcycles domain name. Marketing value for the Registry in the promotion, adoption and growth for the selected domain name and potential impact on overall public awareness of the domain name extension. Dominion may also assess the Application based on other criteria. Once an application is selected by Dominion, the Applicant shall be notified in writing and requested to sign this Founders Program Agreement and when available register the domain name. Once Dominion countersigns the agreement and the name is duly registered, joint activities may commence. Non-Confidentiality of Information Any information in the Applicant s plan that is divulged to Dominion 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, Dominion will assume that all information provided to it is not confidential. Commitments of the Founder The Founder agrees to have a website for the approved domain name set up and viewable publicly by Internet users with, at minimum, a professional looking landing page including information and a preview of the proposed content in development. The Founder agrees to launch the new website in its complete version, with the understanding that websites continue to develop over time with additional content added. All such promotions must visibly or audibly use the full domain name including the www portion of the name (e.g., so as to maximize the public awareness of the new domain name extension in association with a complete website address. The website will resolve at the primary, designated domain name agreed to with the Founder and cannot be redirected to another website address without the express written approval by Dominion Registries.

5 The website and services must remain live, updated, and maintained in a compliant manner according to registry policies for the duration of the domain name s registration under Founder. The Founder agrees to allow Dominion to use their name, logo and site for promotional purposes. The Founder agrees to additional commitments as defined in Appendix 1. Commitments of Dominion Dominion Registries is committed to the promotion of your Founder project and website. This promotion may occur in various places within your target industry and within the digital communities of advertising, search, marketing and domain name industries. Our goals are to fully support our Founders and projects with their promotion in as many ways possible and where relevant. Dominion agrees to promote your Founder website; image + full website address + link on the related Dominion Registry website. (.Autos,.Boats,.Yachts,.Homes or.motorcycles) We will promote your brand as an innovator, an industry leader online, a first mover in building an industry-safe, online community providing only authentic, quality content for consumers verified and fraud free. Your Founder website may be promoted across Dominion s brands wherever possible and relevant. Dominion Registries may create case studies of your Founder project and promote at events, showcasing your Founder story. Dominion may use your Founder story in videos, online advertising, press releases, social media, published articles and other venues if appropriate. Dominion will also provide you with opportunities to share your Founder story when requested by the press, events, speaking engagements, etc. Your Founder website will be considered for a feature placement on the home page of the main Dominion Registries website ( Your Founder website may be promoted in blog posts or other articles on the relevant Dominion brand properties. Your Founder website may be promoted in printed collateral for Dominion. Your business will have special considerations and insider opportunities for the promotion and advertising of your Founder website with Dominion s family of brands and online properties such as Yachtworld.com, BoatTader.com, Homes.com, CycleTrader.com. Other details will be outlined in Appendix 1 of this agreement.

6 Sale or Transfer of Domain Name Program participants are prohibited from selling or transferring the domain name to any third party without the express written approval of Dominion, in its discretion. If, after the Program s requirements are fulfilled, Founder no longer wishes to use the domain, Founder must notify Dominion Registries at least thirty (30) days prior to the expiration of the domain and agree to transfer the domain to Dominion or Dominion s designated transferee. Transfer fees and registration renewal fees will become the responsibility of Dominion or their designated transferee at the time the domain name is transferred. Reservation of Rights Dominion is not liable for any costs incurred in connection with the Founders Program unless separately agreed in writing between the parties. Without limitation, Dominion reserves the right to: Rescind the selection of an application for any reason, with or without explanation; Cancel, modify or rerun the Founders Program; Remedy technical errors in these policies or in the Founders Program; Negotiate with the Applicant, including before an Applicant is invited to join the program; Enter into an agreement with another Applicant if the Applicant first chosen by Dominion fails to comply with Founders Program Agreement; and/or, Dominion may cancel, suspend or re-appropriate the registered Domain Name and release the domain or allocate it to another Applicant if the Agreement is breached and not cured within 10 days. Disclaimer Regarding Potential Disputes The Applicant acknowledges and agrees that Dominion makes no representations or warranties of any kind in connection with these Terms and Conditions or the Founders Program. The Applicant acknowledges and agrees that it is exclusively liable for any infringements of rights and Dominion shall not be liable to the Applicant or any third party at all. Disclaimer of Warranties With respect to the subject matter hereof, Dominion 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 Application is selected and/or applicant elects to register said domain name of

7 interest, Dominion makes no warranty that the domain name of interest and service(s) referenced herein (including, without limitation, the Founders Program and the related process) will meet the Applicant s requirements, or that any element of the Founders Program and/or access to and use of the domain name of interest will be uninterrupted, timely, secure, or error free; nor does Dominion make any warranty as to the results that may be obtained from participating in any part of the Founders Program and/or from a domain name of interest or as to the accuracy or reliability of any information obtained through the Dominion Websites. Applicant understands and agrees that any material and/or data obtained through the use of the Dominion Websites is done at Applicant s sole discretion and risk and that Applicant will be solely responsible for any damage to Applicant s computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by an Applicant from Dominion, its staff, members, directors, consultants or representatives; or, through the Dominion Websites shall create any warranty, expressed or implied. 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. Disclaimer of Liability In no event shall Dominion be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from or relating to the Founders Program. Indemnity The Applicant agrees to indemnify, to the maximum extent permitted by law, defend and hold harmless Dominion and its directors, officers, employees and agents 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. Applicant s Certification BY SIGNING THIS AGREEMENT, THE APPLICANT PROVIDES AN EXPRESS REPRESENTATION, WARRANTY, AND CERTIFICATION THAT: The Applicant has read, understands and accepts the Terms and Conditions of the Founders Program, investigated all aspects of the Terms and Conditions and is aware of the applicable facts pertaining to the Founders Program, its procedures, and its requirements;

8 All information and representations provided by the Applicant to Dominion, including all information and representations set forth in the Application, are current, complete, reliable, and accurate; The Applicant will update its Application in the event that it discovers any errors or material changes occur that affect the completeness, reliability or accuracy of information contained in the Application; FOR APPLICANT: SIGNATURE: NAME: TITLE: ORGANIZATION: ADDRESS: DATE: FOR DOMINION REGISTRIES: SIGNATURE: NAME: TITLE: ORGANIZATION: Dominion Registries ADDRESS: 150 Granby Street Norfolk, VA DATE

9 Appendix 1 Other Commitments Agreed upon domain name(s): Founder Commitments: Dominion Commitments: Write a news article about your company and Founder project and publish on DominionRegistries.com and the associated Top Level Domain Dominion website. Promote your company and Founder project at Dominion events when appropriate such as digital advertising conferences or events specific to your industry. Dominion may offer your company unique press opportunities to interview with the media about your Founder project.