October 2014 Version 1

Transcription

1 .CARTIER Dmain Name Registratin Plicy Octber 2014 Versin 1.CARTIER Dmain Name Registratin Plicy... 2 Definitins & Interpretatin... 2 Registratin Eligibility... 4 Registratin Terms & Cnditins... 4 Suspensin, Revcatin and Terminatin... 6 Dmain Name Registratin Rules... 6 (i) Eligibility Cnfirmatin... 7 (ii) Naming Cnventin Check... 8 (iii) Acceptable Use Review... 8 (iv) Registratin... 8 Renewal and Cancellatin... 9 Acceptable Use... 9 Technical and Operatinal Prtcls Reserved Names Rapid Takedwn Prcess Abuse Preventin and Mitigatin Abuse Pint f Cntact & Ntices Data & Privacy Applicable Law & Disputes (i) UDRP (ii) URS Limitatin f Liability Indemnity General Terms and Cnditins CARTIER Launch Plicies Trademark Claims Ntice

2 .CARTIER Dmain Name Registratin Plicy This.CARTIER Dmain Name Registratin Plicy (the.cartier Dmain Plicy ) sets ut the terms and cnditins gverning the registratin and use f dmain names in the.cartier Tp- Level Dmain. This.CARTIER Dmain Plicy may be updated peridically, withut prir ntice, s please regularly check ur website t keep infrmed f updates. Changes will take effect n n less than fifteen (15) days ntice. The current versin can be fund at nic.cartier/plicy and was last updated in Octber Yu acknwledge that the cntinued registratin r use f a.cartier dmain name after any update takes effect cnstitutes yur acceptance f the updated versin. Yur exclusive remedy in case f any disagreement with the current terms f this.cartier Dmain Plicy is t cancel yur dmain name registratin in accrdance with yur rights under this.cartier Dmain Plicy. Definitins & Interpretatin Abuse Pint f Cntact means the.cartier Tp- Level Dmain s abuse respnse team, which can be cntacted at [email protected]. Acceptable Use means the standards f acceptable use set ut in this.cartier Dmain Plicy. Affiliate has the meaning set ut in the Registry Agreement. Authrised Dealer Addendum means an addendum entered int between the Brand and the Trademark Licensee expressly permitting the use f the.cartier dmain. Brand means Cartier Internatinal A.G. and any ther Affiliate r cmpany that wns assciated intellectual prperty rights, trademarks and ther naming rights relating t the Cartier brand..cartier means the.cartier Tp- Level Dmain..CARTIER Registry means the registry perated by Registry Operatr relating t the.cartier Tp- Level Dmain. ICANN means the Internet Crpratin fr Assigned Names and Numbers. Identical Match means that the dmain name cnsists f the cmplete and identical textual elements f a mark. In this regard: (a) spaces cntained within a mark that are either replaced by hyphens (and vice versa) r mitted; (b) nly certain special characters cntained within a trademark are spelled ut with apprpriate wrds describing it and & ); (c) punctuatin r special characters cntained within a mark that are unable t be used in a secnd- level dmain name may either be (i) mitted r (ii) replaced by a hyphen and still be cnsidered Identical matches; and (d) n plural and n marks cntained qualify fr inclusin. 2

3 Lsses means all incurred lsses, liabilities, damages, csts, claims, demands, actins, prceedings, rders and expenses (including legal fees n a slicitr/client basis) and disbursements and csts f investigatin, litigatin, settlement, judgment interest and penalties. Registrant (r yu r yur ) means an individual r entity seeking t initiate registratin f a.cartier dmain name. Registrar means Cm Laude r any ther registrar designated by Registry Operatr frm time t time. Registry Agreement means the agreement entered int between ICANN and Registry Operatr relating t the designatin f Registry Operatr as the registry peratr fr the.cartier Tp- Level Dmain. Registry Operatr (r we r us ) means Richemnt DNS Inc., a cmpany incrprated in Switzerland whse place f business is at Hinterbergstrasse 22, Steinhausen 6312, Switzerland. Registry Services Prvider means Neustar Inc., the entity prviding back- end technical and peratinal services fr the.cartier Registry. Trademark Claims means ntice t a prspective dmain name Registrant f the scpe f the trademark hlder s rights whereby the prspective Registrant warrants that: (i) they have received ntificatin that the trademark(s) is included in the Trademark Clearinghuse; (ii) they have received and understd the ntice; and (iii) t the best f their knwledge, the registratin and use f the requested dmain name will nt infringe n the rights that are the subject f the ntice. If the dmain name is registered subsequent t the ntice being issued and the Registrant attesting t its nn- infringement, the Registrar r the Trademark Clearinghuse will ntify the trademark hlders(s) f the registratin. Trademark Clearinghuse means a central strage repsitry f validated (authenticated) trademark rights- related data and infrmatin fr disseminatin with respect t trademark rights prtectin mechanisms and ther registry- related services. Trademark Licensee has the meaning set ut in Specificatin 13 the Registry Agreement. Tp- Level Dmain means the final characters after the dt in a dmain name; in the case f nic.cartier, this is CARTIER. Terms used in the singular r plural are merely fr cnvenience, and shall apply mutatis mutandis, as the cntext may require. Any phrase intrduced by the expressins "including", "include", "in particular" r any similar expressin shall be cnstrued as illustrative and shall nt limit the sense f the wrds preceding thse terms. 3

4 References t any legislatin are references t that legislatin as amended, replaced r re- enacted frm time t time and any subrdinate legislatin made under it s far as the amendment, replacement r re- enactment des nt substantially change the effect f that legislatin r des nt adversely affect the liabilities r bligatins f the parties under this.cartier Dmain Plicy. All cmmunicatins and infrmatin under this.cartier Dmain Plicy shall be in English. Registratin Eligibility Eligibility t register a.cartier dmain name, at any level, is limited t Registry Operatr, its Affiliates, r its Trademark Licensees in accrdance with the Dmain Name Registratin Rules set ut belw. Registry Operatr reserves the right, fr any reasn, t peridically verify.cartier dmain name registratin eligibility. Any determinatin as t such eligibility shall be made by Registry Operatr in its sle discretin, and is nt subject t any further appeal mechanism r recnsideratin prcess. Registry Operatr reserves the right, in its sle discretin, t suspend, cancel, revke, r take any ther actin it deems necessary with respect t a.cartier dmain name registratin in the event it determines that the registratin r use f such dmain name vilates the registratin eligibility criteria. Questins abut any determinatin by Registry Operatr as t.cartier dmain name registratin eligibility shuld be directed t the designated Registry Operatr Cntact at [email protected]. T assist in ensuring cmpliance with the.cartier Dmain Plicy, privacy r prxy registratins may nt be permitted in the.cartier Tp Level Dmain. Registratin Terms & Cnditins By submitting a request t register a.cartier dmain name, r by asking us t maintain r renew a.cartier dmain name registratin, yu agree t the fllwing terms and cnditins: yu have read and understd, and agree t be bund by this.cartier Dmain Plicy; yu warrant and represent that yu meet the.cartier dmain name registratin eligibility criteria. If, after registratin, yu n lnger meet the eligibility criteria, yu will ntify the Registry Operatr in writing; yu warrant and represent that yu are legally capable, and authrised t enter int agreements with respect t a.cartier dmain name registratin; yu acknwledge and agree that all.cartier dmain name registratins are, and shall irrevcably remain, the sle prperty f Registry Operatr and that any attempted transfer, delegatin, r assignment t any third party may be invalid; 4

5 yu agree that registratin f a.cartier dmain name merely prvides yu with a temprary, revcable, and nn- transferrable licence t register that dmain name, and yu agree that all.cartier dmain name registratins are made fr the benefit f Registry Operatr in furtherance f its gals and perating principles; yu agree that yur registratin and use f a.cartier dmain name including any related website r ther nline presence is subject t quality cntrl mnitring in furtherance f the gals and perating principles f the.cartier Tp Level Dmain; yu agree that Registry Operatr s WHOIS data requirements require yu t prvide yur cmplete, accurate, and current cntact details in rder t undertake a.cartier dmain name registratin; yu als agree that, pursuant t its cntractual bligatins t ICANN r fr any reasn determined apprpriate in its sle discretin, including cmpliance with legal bligatins, Registry Operatr may publish these cntact details publicly r prvide them t third parties; yu agree t immediately (but at least within 48 hurs f any change) update yur cntact details by submitting a written ntificatin t the Registry Operatr and t certify their accuracy at least annually: yu agree that any prpsed change r update t yur cntact details may be subject, in its discretin, t prir apprval by Registry Operatr; Registry Operatr reserves the right t peridically verify yur cntact details, and t suspend, cancel r revke yur dmain name registratin fr any nn- cmpliance with this.cartier Dmain Plicy including yur bligatin t prvide accurate and current cntact details; yu agree t indemnify and hld Registry Operatr harmless fr any cmmunicatin failure due t yur prvisin f inaccurate cntact details; and yu understand that Registry Operatr disclaims all liability fr any cmmunicatin failure due t yur prvisin f inaccurate cntact details; yu understand and agree that, where relevant and in apprpriate circumstances, the publicly- available WHOIS infrmatin fr.cartier dmain name registratins may reflect Registry Operatr as the dmain name registrant; yu will nt distribute malware r perate btnets, r engage in phishing, piracy, trademark r cpyright infringement, fraudulent r deceptive practices, cunterfeiting r any ther activity cntrary t applicable law, yu recgnize that ding s may carry cnsequences such as suspensin r cancellatin f yur dmain name registratin; yu agree that fr certain aspects f the management f the.cartier Tp- Level Dmain, fr example a rapid takedwn prcess, Registry Operatr may delegate certain functins t a relevant third party, such as the Registry Services Prvider r Registrar; 5

6 yu agree t the applicability f ICANN- mandated Rights Prtectin Mechanisms, including: the Unifrm Dmain Name Dispute Reslutin Plicy ( UDRP ); the UDRP and rules are lcated at: and the Unifrm Rapid Suspensin system ( URS ); the URS and rules are lcated at: yu agree t the applicability f any expedited suspensin mechanism that may be develped by Registry Operatr in particular t prvide a means fr rights hlders t efficiently take dwn dmain names suspected f trademark abuse such as cunterfeit- related activity. Suspensin, Revcatin and Terminatin Yu agree that Registry Operatr reserves the right, in its sle discretin, t immediately at any time suspend, lck, cancel, revke, transfer r therwise alter, r terminate any.cartier dmain name registratin in the event that: Registry Operatr reasnably believes that yu have vilated r acted incnsistently with this.cartier Dmain Plicy, r vilated the rights f Registry Operatr, its Affiliates, Trademark Licensees r any third party; Yu n lnger fulfill the.cartier dmain name registratin eligibility criteria; Yu are in breach f the standards f Acceptable Use; Yu fail t make payment f any fees r charges; Registry Operatr reasnably believes that cunterfeit gds, r any gds and/r services that infringe any intellectual prperty rights are being advertised, prmted, ffered r sld n a site affiliated with r therwise reslves frm the.cartier Tp- Level Dmain; Yu fail t cmply with Registry Operatr s technical and peratinal prtcls, as set ut in this.cartier Dmain Plicy r as therwise ntified t yu frm time t time; r Registry Operatr reasnably believes that such actin is required (i) t prtect the interests f Registry Operatr; (ii) t cmply with any laws, curt r law enfrcement requests, r any dispute reslutin prcess, including ICANN- mandated rights prtectin mechanisms; (iii) t avid any civil r criminal liability against Registry Operatr r its Affiliates, subsidiaries, fficers, directrs, emplyees, agents, cnsultants, r cntractrs; (iv) pursuant t this.cartier Dmain Plicy; (v) t remedy any errr in cnnectin with a.cartier dmain name registratin; r (vi) as therwise deemed necessary by Registry Operatr. Dmain Name Registratin Rules Dmain name registratins in the.cartier Tp- Level Dmain fllw a fur- step prcess managed by Registry Operatr: (i) Eligibility Cnfirmatin; (ii) Naming Cnventin Check; (iii) Acceptable Use Review; and (iv) Registratin. 6

7 .CARTIER dmain name registratins are available t eligible Registrants fr annual terms between ne (1) and ten (10) years. In the event Internatinalized Dmain Name (IDN) registratins are made available in the.cartier Tp- Level Dmain, they will be subject t the.cartier IDN registratin pairing rules as and when they are develped. Eligible Registrants wh meet the Naming Cnventin Check and Acceptable Use Review will be prvided a secure identificatin tken fr presentatin t the Registrar as a prerequisite fr the prcessing f any.cartier dmain name registratin r renewal (as determined apprpriate by Registry Operatr). (i) Eligibility Cnfirmatin Only Registry Operatr, Registry Operatr s Affiliates, r Trademark Licensees wh agree t be bund by the terms f this.cartier Dmain Plicy are eligible t register r use a.cartier dmain name..cartier dmain names may nt under any circumstances be registered t r used by third parties ther than Registry Operatr, Registry Operatr s Affiliates, r Trademark Licensees. Prir t any.cartier dmain name registratin r renewal, and at any time during the registratin life cycle, dmain name registratins may be subject t verificatin by Registry Operatr fr cmpliance with this.cartier Dmain Plicy including as t the cntinuing cmpliance with the eligibility criteria. When registering r renewing a dmain name, yu agree and must cnfirm t the reasnable satisfactin f the Registry Operatr, that yu will at all times cmply with the fllwing eligibility criteria: Yu are the Registry Operatr, its Affiliate, r a Trademark Licensee. Where yu are a Trademark Licensee, yu have entered int a written Authrised Dealer Addendum in the regular curse f business that expressly authrises yu t register a.cartier dmain (but that is nt primarily fr the purpse f btaining a.cartier dmain name registratin); The secnd level dmain is (i) identical t, r is a recgnized abbreviatin r acrnym f, the textual elements prtectable under applicable law f a registered trademark valid under applicable law in relatin t which yu have rights f use; (ii) in the case f a Trademark Licensee, is a recgnised trading name f the Trademark Licensee t which there is prf f use; (iii) is a Reserved Name specifically reserved fr use by the Registry Operatr r its Affiliate r is (iv) a premium secnd level dmain designated by the Registry Operatr; Yu agree that the dmain will be perated as a live platfrm; Yu agree that yur.cartier dmain name registratin des and will at all times cmply with the fllwing requirements: 7

8 the.cartier dmain name registratin shall cmply with the Brand s image and reputatin as a luxury brand and manufacturer f prestige prducts f the highest technical and artistic quality; any website under the.cartier dmain name will nly incrprate cntent which relates t the Brand that has been prvided by r btained prir written apprval frm the Brand; mck ups f the webpages under the.cartier dmain which cntain cntent related t the Brand shall be prvided t the Brand and the Registry Operatr at least ne (1) mnth befre the launch date unless prir written apprval waiving such deadline is btained frm the Brand and/r Registry Operatr; any changes made t the webpages under the.cartier dmain name which cntain cntent related t the Brand must nly be made with prir written apprval frm the Brand and the Registry Operatr; yu shall cmply with all reasnable amendments, alteratins r deletins t the website under the.cartier dmain name as requested by the Brand and/r the Registry Operatr; and any e- mail address r website under the.cartier dmain name shall nly advertise, prmte, shw, exhibit, ffer r sell prducts f the Brand. (ii) Naming Cnventin Check.CARTIER dmain names must meet the fllwing technical cnditins: a. must be at least 1 character and n mre than 63 characters lng; b. must cntain nly letters (a- z), numbers (0-9) and hyphens r a cmbinatin f these; c. must start and end with an alphanumeric character, nt a hyphen; d. must nt be a Reserved Name; and e. must nt at the secnd- level cntain a hyphen at the 3rd and 4th psitins (tagged dmains), unless crrespnding t a valid IDN in ASCII encding (fr example xn- - ndk061n ). (iii) Acceptable Use Review By asking us t register r renew a.cartier dmain name registratin, yu warrant and represent that yur.cartier dmain name registratin des and will at all times cmply with this.cartier Dmain Plicy. In particular, yur registratin r renewal f a.cartier dmain name is subject t Registry Operatr s satisfactin that the Acceptable Use standards set ut belw are met prir t, and at all times during, a.cartier dmain name registratin. (iv) Registratin Prvided that the.cartier Eligibility Cnfirmatin, Naming Cnventin Check, and Acceptable Use Review are satisfied, and any assciated fees paid, Registry Operatr will 8

9 prvide a secure instructin per its internal dmain management prcess t the Registrar t prceed with the registratin r renewal f yur.cartier dmain name. Renewal and Cancellatin At the cnclusin f the registratin perid fr yur.cartier dmain name, unless yu have instructed the Registrar therwise, with a cpy t us, prir t the expiratin f yur.cartier dmain name registratin, yu will be deemed t ask the Registrar t renew and the Registrar will renew yur.cartier dmain name registratin n the basis f an agreed standing renewal rder. In the event yur.cartier dmain name registratin is renewed, the Registrar will cllect any applicable renewal fees frm yu. If at any pint prir t the registratin expiratin date yu n lnger wish t maintain yur.cartier dmain name registratin, yu may submit a written request by t Registry Operatr at [email protected] and the Registrar requesting cancellatin f yur registratin. Please nte that if yu cancel yur.cartier dmain name registratin, Registry Operatr is under n bligatin t make that dmain name available fr yur future registratin. Agents and Representatives Yu may instruct an agent r representative t act n yur behalf t register r maintain the registratin f a.cartier dmain, and all instructins frm a duly authrised agent r representative shall be deemed t be given by yu. We will nt act n any instructins withut the disclsure f a secure identificatin tken. We are nt liable fr any Lsses suffered in cnnectin with ur acting n these instructins. Acceptable Use Registry Operatr reserves the right t peridically review.cartier dmain name registratins and uses fr cmpliance with this.cartier Dmain Plicy. The standards f Acceptable Use include the fllwing: yu will nt distribute malware r perate btnets, r engage in phishing, piracy, trademark r cpyright infringement, fraudulent r deceptive practices, cunterfeiting r any ther activity cntrary t applicable law; yu acknwledge and agree that it is yur respnsibility t determine whether yur dmain name registratin des r may infringe r vilate the rights f a third party r applicable law; yur use f a.cartier dmain will nt: give rise t any mrally bjectinable r therwise scially questinable cnduct; vilate any applicable laws r regulatins; 9

10 be used in any way t harm the reputatin r gals and perating principles f Registry Operatr; be used in cnnectin with a criminal ffence under applicable natinal laws r regulatins r against public rder r applicable ethical standards and cdes; be used in any way which causes r is intended t cause annyance, incnvenience r needless anxiety; be used fr any unlawful purpse whatsever, including fraud r terrrism; be used in any way which is abusive, harmful, threatening r defamatry r any ther way that may cause ffence; be used in any way which breaches r culd ptentially breach a legal duty t a third party (including a duty f cnfidentiality) r which infringes r culd ptentially infringe a persn's right t privacy; be used in any way which prmtes discriminatin r is likely t incite hatred; be used in cnjunctin with any plitical purpse; r be used in any way which may infringe the intellectual prperty rights f third parties r which prmtes any unlawful act. Technical and Operatinal Prtcls By registering a.cartier dmain name, r by asking us t maintain r renew a.cartier dmain name registratin, yu agree t emply any security prtcls determined by Registry Operatr t be apprpriate frm time t time fr the timepiece- related industry served by the. CARTIER Tp Level Dmain. Reserved Names The fllwing terms are reserved frm registratin by third parties: a. reserved terms prhibited by ICANN frm availability fr registratin including as prvided in the Registry Agreement, and in particular: 1. the terms example, www, rdds, and whis at all levels, which at Registry Operatr s discretin shall be withheld frm registratin r allcated t Registry Operatr; and 2. the term nic, at all levels, as this term shall be allcated t Registry Operatr fr use in cnnectin with the peratin f the.cartier Tp- Level Dmain b. any term reserved by Registry Operatr frm time t time; r c. any bscene r ffensive term. Rapid Takedwn Prcess In furtherance f Registry Operatr s effrts aimed at abuse preventin and mitigatin, r where it appears that a.cartier dmain name is being used t threaten the stability r security f the.cartier Tp- Level Dmain r is a part f a real- time investigatin by law enfrcement, Registry Operatr may, either n its wn initiative r at the request f a third party, initiate a rapid takedwn prcess. 10

11 In the event a rapid takedwn prcess is initiated, after assessment by Registry Operatr, the Registrar may be cntacted fr its cperatin in taking the subject dmain name dwn (by lcking r suspending the dmain name, r placing it n hld r deleting it), unless a cmpelling argument is prvided by the Registrar t Registry Operatr n which basis the subject dmain name may remain in the zne. In either event, if the Registrar has nt reacted within 12 hurs f Registry Operatr s request, Registry Operatr may place the subject dmain name n ServerHld r any ther status it deems necessary r apprpriate. If Registry Operatr determines that the subject dmain name is being used t threaten the stability r security f the.cartier Tp- Level Dmain r is a part f a real- time investigatin by law enfrcement, Registry Operatr reserves the right t immediately remve the subject dmain name frm the zne, in which case Registry Operatr will infrm the Registrar f such actin being taken. Abuse Preventin and Mitigatin Registry Operatr will nt tlerate abusive r malicius cnduct (including illegal r fraudulent actins, spam, phishing, pharming, distributin f malware, malicius fast flux hsting, btnets, distributin f illegal images, nline sale r distributin f illegal pharmaceuticals r cunterfeit prducts) in the.cartier Tp- Level Dmain. In additin t any mnitring Registry Operatr may undertake t prevent abusive r malicius cnduct, Registry Operatr has established an Abuse Pint f Cntact fr handling cmplaints r cncerns related t any such cnduct, which shall als include investigatin f and a respnse t any reprts frm law enfrcement and gvernmental and quasi- gvernmental agencies f illegal cnduct in cnnectin with the use f the.cartier Tp- Level Dmain. In the event f any suspected abusive r malicius cnduct r vilatin f this.cartier Dmain Plicy r any applicable laws, Registry Operatr may suspend r lck yur dmain name registratin pending reslutin f any such suspected vilatin. Registry Operatr may als initiate a rapid takedwn prcess t handle such cmplaints r suspected vilatins. While respecting privacy and cnfidentiality, Registry Operatr may peridically cnduct technical analyses t assess whether dmain names in the.cartier Tp- Level Dmain are being used t perpetrate security threats, such as pharming, phishing, malware, r btnets; Registry Operatr may prvide such analysis t third parties in its sle discretin. If Registry Operatr identifies security risks that pse an actual risk f harm, it will ntify the Registrar and, if the Registrar des nt take immediate actin, Registry Operatr may cancel the dmain name r suspend it until the matter is reslved. Registry Operatr r its authrised service prvider may remve rphan glue recrds (see when prvided with written evidence that such recrds are present in cnnectin with malicius cnduct. Abuse Pint f Cntact & Ntices Inquiries, whether frm law enfrcement r the general public, related t alleged abusive r malicius cnduct in the.cartier Tp- Level Dmain shuld be directed t the.cartier 11

12 Abuse Pint f Cntact. Cmplaints may als cncern WHOIS infrmatin accuracy, r cncerns that a.cartier dmain name registratin is being used t facilitate r prmte malware, peratin f btnets, phishing, piracy, trademark r cpyright infringement, fraudulent r deceptive practices, cunterfeiting r therwise t engage in activity cntrary t applicable law. The.CARTIER Abuse Pint f Cntact and any ther ntices can be sent by e- mail t: [email protected], r by mail at: Registry Operatr, c/.cartier Registry Operatr, Valideus Limited, 2nd Flr, Little Russell Street Lndn WC1A 2HN. Data & Privacy By applying t register a.cartier dmain name, r by asking us t maintain r renew a dmain name registratin, yu agree t ur gtld Privacy Plicy. We will ensure that the peratin f the.cartier TLD will be cnsistent with Cartier s Privacy Plicy, available n its website at ntice. Yu agree that Registry Operatr s WHOIS data requirements require yu t prvide yur cmplete, accurate, and current cntact details in rder t undertake a.cartier dmain name registratin; yu als agree that, pursuant t its cntractual bligatins t ICANN r fr any reasn determined apprpriate in its sle discretin, Registry Operatr may publish these cntact details publicly r prvide them t third parties. Yu als agree that ICANN may cnduct WHOIS verificatin and checks n a statistically significant basis t identify registratins with deliberately false, inaccurate r incmplete WHOIS data at least twice a year which may result in the Registrar cntacting yu t slicit accurate and cmplete WHOIS cntact infrmatin, and that reprts f such verificatin may be prvided t third parties at the Registry Operatr s sle discretin. Applicable Law & Disputes This.CARTIER Dmain Plicy shall be gverned by and cnstrued in accrdance with the laws f Switzerland, withut reference t cnflict f laws prvisins. Any dispute, cntrversy r claim arising ut f r in relatin t this.cartier Dmain Plicy, including the validity, invalidity, breach r terminatin theref, shall be adjudicated r arbitrated in accrdance with this.cartier Dmain Plicy. All disputes between yu and a third party cncerning that third party s rights shall be handled accrding t the terms f the UDRP r URS (see Registratin Terms & Cnditins), curt, r ther apprpriate adjudicatry system. (i) UDRP By registering a.cartier dmain name, yu agree t the applicability f the Unifrm Dmain Name Dispute Reslutin Plicy (UDRP); the UDRP plicy and rules are lcated at: 12

13 The UDRP is an ut- f- curt dispute reslutin prcedure fr adjudicating a claim by a third party that yur registratin and use f a.cartier dmain name infringes their trademark rights, i.e., yur dmain name registratin is identical r cnfusingly similar t a trademark in which the third- party cmplainant has rights, yu have n rights r legitimate interests in the dmain name, and yur registratin and use f the dmain name are in bad faith. A successful UDRP prceeding wuld nrmally result in either the cancellatin r transfer f a dmain name registratin t the UDRP cmplainant. In the event f a UDRP decisin cncerning a.cartier dmain name rdering transfer f a dmain name t a UDRP cmplainant, any such transfer can nly ccur if the prevailing UDRP cmplainant meets all requirements f this.cartier Dmain Plicy including as t eligibility. In the event a prevailing UDRP cmplainant des nt meet the cnditins f this.cartier Dmain Plicy including as t eligibility, ntwithstanding any UDRP transfer rder, Registry Operatr will cancel the subject dmain name registratin. At Registry Operatr s sle discretin, such cancelled dmain name registratin may be placed n a reserved list, r may be made available fr registratin under the terms f this.cartier Dmain Plicy. (ii) URS By registering a.cartier dmain name, yu agree t the applicability f the Unifrm Rapid Suspensin system (URS); the URS plicy and rules are lcated at: The URS is an ut- f- curt dispute reslutin prcedure similar t the UDRP fr adjudicating a claim by a third party that yur registratin and use f a.cartier dmain name infringes their trademark rights, i.e., yur dmain name registratin is Identical r cnfusingly similar t a trademark in which the third- party cmplainant has rights, yu have n rights r legitimate interests in the dmain name, and yur registratin and use f the dmain name are in bad faith. A successful URS prceeding wuld result in the suspensin r cancellatin f yur.cartier dmain name fr the duratin f the registratin perid (with the cmplainant having the ptin f paying t extend that suspensin fr ne year). Limitatin f Liability Nthing in this.cartier Dmain Plicy shall perate t exclude r limit either party's liability fr: death r persnal injury caused by its negligence; fraud r fraudulent cncealment; r any ther liability which cannt be excluded r limited under applicable law. Under n circumstances shall Registry Operatr be liable t yu (whether arising fr breach f cntract, misrepresentatin (whether trtius r statutry), trt (including but nt limited t negligence), breach f statutry duty, r therwise) fr: 13

14 any lss f prfits, business, cntracts, anticipated savings, gdwill, r revenue, any wasted expenditure, r any lss r crruptin f data (regardless f whether any f these types f lss r damage are direct, indirect r cnsequential); r any indirect r cnsequential lss r damage whatsever arising under r in relatin t this.cartier Dmain Plicy, even if we were aware f the pssibility that such lss r damage might be incurred by yu. Under n circumstances shall the ttal aggregate liability f Registry Operatr r its Affiliates r Trademark Licensees t yu (hwever arising) under r in relatin t this.cartier Dmain Plicy, including (but nt limited t) liability fr breach f cntract, misrepresentatin (whether trtius r statutry), trt (including but nt limited t negligence), breach f statutry duty, r therwise, exceed a sum equal t ne hundred percent (100%) f the ttal dmain name registratin fees paid by yu t register the dmain name under which the liability f Registry Operatr has arisen. Indemnity Yu agree t indemnify and keep the Registry Operatr and its respective Affiliates, Trademark Licensees, fficers, directrs, advisers, agents, emplyees, successrs and assigns indemnified at all times frm and against any and all Lsses which are suffered by, r are brught r threatened against, the Registry Operatr and its respective Affiliates, Trademark Licensees, fficers, directrs, advisers, agents, emplyees, successrs and assigns as the case may be, arising ut f r in cnnectin with use f the.cartier Dmain Plicy fr: yur breach f this.cartier Dmain Plicy; r any claim relating t the infringement f a third party s intellectual prperty rights. General Terms and Cnditins If any prvisin, r part f a prvisin, f this.cartier Dmain Plicy is fund t be illegal, invalid r unenfrceable, that prvisin r part- prvisin shall be deemed nt t frm part f this.cartier Dmain Plicy, and the legality, validity r enfrceability f the remainder f the prvisins f this.cartier Dmain Plicy shall nt be affected, unless therwise required by peratin f applicable law. This.CARTIER Dmain Plicy cnstitutes the entire agreement between yu and us in relatin t the registratin r use f yur.cartier dmain name, and replaces and extinguishes all prir agreements, draft agreements, arrangements, undertakings, r cllateral cntracts f any nature made by the parties, whether ral r written, in relatin t such subject matter. The waiver by us f a breach f any prvisin f this.cartier Dmain Plicy will nt perate t be interpreted as a waiver f any ther r subsequent breach. 14

15 .CARTIER Launch Plicies Trademark Claims Ntice Fr purpses f.cartier Trademark Claims, Registry Operatr will recgnise and hnur all wrd marks that have been r are: (i) natinally r reginally registered; (ii) curt- validated; r (iii) specifically prtected by a statute r treaty in effect at the time the mark is submitted t the Clearinghuse fr inclusin fr purpses f Trademark Claims n demnstratin f use is required. The Registrar will prvide ntice t trademark wners whse marks have been validated by the Trademark Clearinghuse where a.cartier dmain name registratin which is an exact Identical Match t their trademark is registered during the first ninety (90) days.cartier registratin is pen fr general registratin. During the Trademark Claims perid, an attempt t register a dmain name that is an Identical Match t a Trademark Clearinghuse- validated mark will trigger a Trademark Claims Ntice (see Annex). Upn a Registrant s cnfirmatin that they have received and understand the Trademark Claims Ntice, and that t the best f their knwledge the registratin and use f the requested dmain name will nt infringe the trademark rights listed in the Trademark Claims Ntice, a request fr registratin will be managed by Registry Operatr in accrdance with this.cartier Dmain Plicy. If, pursuant t this.cartier Dmain Plicy, a request t register a.cartier dmain name which is an Identical Match t a Trademark Clearinghuse- validated mark is eligible and subsequently registered, Registry Operatr r the Registrar will ntify the relevant mark hlders(s) f the registratin. 15

16 .CARTIER Launch Plicies Annex - Trademark Claims Ntice TRADEMARK NOTICE [In English and the language f the registratin agreement] Yu have received this Trademark Ntice because yu have applied fr a dmain name which matches at least ne trademark recrd submitted t the Trademark Clearinghuse. YOU MAY OR MAY NOT BE ENTITLED TO REGISTER THE DOMAIN NAME DEPENDING ON YOUR INTENDED USE AND WHETHER IT IS THE SAME OR SIGNIFICANTLY OVERLAPS WITH THE TRADEMARKS LISTED BELOW. YOUR RIGHTS TO REGISTER THIS DOMAIN NAME MAY OR MAY NOT BE PROTECTED AS NONCOMMERCIAL USE OR FAIR USE BY THE LAWS OF YOUR COUNTRY. Please read the trademark infrmatin belw carefully, including the trademarks, jurisdictins, and gds and services fr which the trademarks are registered. Please be aware that nt all jurisdictins review trademark applicatins clsely, s sme f the trademark infrmatin belw may exist in a natinal r reginal registry which des nt cnduct a thrugh r substantive review f trademark rights prir t registratin. If yu have questins, yu may want t cnsult an attrney r legal expert n trademarks and intellectual prperty fr guidance. If yu cntinue with this registratin, yu represent that, yu have received and yu understand this ntice and t the best f yur knwledge, yur registratin and use f the requested dmain name will nt infringe n the trademark rights listed belw. The fllwing [number] marks are listed in the Trademark Clearinghuse: 1. Mark: <tmntice:markname> Jurisdictin: <tmntice:jurdesc> Gds and Services: <tmntice:gdsandservices> Internatinal Class f Gds and Services r Equivalent if applicable: <tmntice:classdesc> Trademark Registrant: <tmntice:hlder> Trademark Registrant Cntact: <tmntice:cntact> This dmain name label has previusly been fund t be used r registered abusively against the fllwing trademarks accrding t the referenced decisins: Decisin Number: UDRP Prvider: 2 (<tmntice:claim>). Mark: Jurisdictin: Gds and Services: Internatinal Class f Gds and Services r Equivalent if applicable: Trademark Registrant: Trademark Registrant Cntact: 16

17 X (<tmntice:claim>). Mark: Jurisdictin: Gds and Services: Internatinal Class f Gds and Services r Equivalent if applicable: Trademark Registrant: Trademark Registrant Cntact Fr mre infrmatin cncerning the recrds included in this ntice, see <link t infrmatinal page>. 17