Unsponsored TLD Agreement: Appendix G (.pro)

Unsponsored TLD Agreement: Appendix G (.pro)
Posted: 23 April 2004

Registry Operator Maximum Price Schedule

This schedule specifies the maximum price that Registry Services Corporation dba registryPro (in the following registry Operator) may charge for Registry Services as defined in the Registry Agreement. In a manner consistent with Section 3.4.3 of the Registry Agreement, Registry Operator may charge a lower-than-specified rate for Registry Services, including not charging for a specified service. Registry Operator shall not be entitled to charge for any Registry Service not specified in this Appendix G. Registry Operator shall also issue a refund to registrars as specified in item 5 below.

1. Maximum Domain-Name Initial Registration Fee

Registry Operator may charge a maximum of US $6.00 per year for the initial third level registration and US $6.50 per year for the initial second level registration of each Registered Name (the "Initial Registration Fee") in the Registry TLD during the Term of the Registry Agreement. In addition Registry Operator may charge a maximum of US $49 for the initial second level redirect registration service.The Initial Registration Fee shall be paid in full by the ICANN-Accredited Registrar sponsoring the domain name at the time of registration.

2. Maximum Domain-Name Renewal Fee

Registry Operator may charge a maximum of US $6.00 per year for the renewal of each third level domain name registration (the "Third-Level Renewal Fee") in the Registry TLD during the Term of the Registry Agreement.

Registry Operator may charge a maximum of US $6.50 per year for the renewal of each second level domain name registration (the "Second-Level Renewal Fee") in the Registry TLD during the Term of the Registry Agreement.

Registry Operator may charge a maximum of US $49 per year for the renewal of the second level redirect registration service (the "Redirecting Second-Level Renewal Fee") in the Registry TLD during the Term of the Registry Agreement.

All the Renewal Fees shall be paid in full by the ICANN-Accredited Registrar sponsoring the domain name at the time of renewal.

3. Maximum Defensive Registration Initial Registration Fees

Registry Operator's Defensive Registration service is described in Appendices C and L. The fee charged by Registry Operator for Defensive Registrations (the "Defensive Registration Fee") may not exceed the fees set forth in the following table:

The Defensive Registration Fee will cover a four-year term. The ICANN-Accredited Registrar sponsoring the Defensive Registration shall pay the Defensive Registration Fee at the time of registration.

4. Maximum Defensive Registration Renewal Fee

The fee that Registry Operator may charge for each Defensive Registration renewal (the "Defensive Registration Renewal Fee") in the Registry TLD during the Term of the Registry Agreement will be equivalent to the Defensive Registration Fee chargeable at that time and may not exceed the fees described above. The Defensive Registration Renewal Fee will cover a four-year term. The ICANN-Accredited Registrar sponsoring the Defensive Registration shall pay the Defensive Registration Renewal Fee in full at the time of renewal.

5. Fees for Transfers of Sponsorship of Domain-Name Registrations and Defensive Registrations

During the Term of the Registry Agreement, where the sponsorship of a domain name is transferred from one ICANN-Accredited Registrar to another ICANN-Accredited Registrar (other than by bulk transfer), Registry Operator may require the registrar receiving the sponsorship to request a renewal of one year for the name. In connection with that extension, Registry Operator may charge a Renewal Fee for the requested extension as provided in Subsection 2 above. The transfer shall result in an extension according to the renewal request, subject to a ten-year maximum on the unexpired term of any domain-name registration. If a registration that is being transferred already has a term of nine years or more, Registry Operator may charge a Renewal Fee for one year ("Transfer Fee"), but the unexpired term shall not exceed ten years. The Renewal Fee shall be paid in full at the time of the transfer by the ICANN-Accredited Registrar receiving sponsorship of the domain name.

During the Term of the Registry Agreement, where the sponsorship of a Defensive Registration is transferred from one ICANN-Accredited Registrar to another ICANN-Accredited Registrar (other than by bulk transfer), Registry Operator may require the registrar receiving the sponsorship to request a renewal of one year for the name. In connection with that extension, Registry Operator may charge a Defensive Registration Renewal/Transfer Fee for the requested extension, which will not exceed one-quarter of the Defensive Registration Renewal Fee described in item 4 above. The transfer shall result in an extension according to the renewal request, subject to a ten-year maximum on the unexpired term of any Defensive Registration. If a Defensive Registration that is being transferred already has a term of nine years or more, Registry Operator may charge a Defensive Registration Renewal/Transfer Fee for one year, but the unexpired term of the Defensive Registration shall not exceed ten years. The Defensive Registration Renewal/Transfer Fee shall be paid in full at the time of the transfer by the ICANN-Accredited Registrar receiving sponsorship of the Defensive Registration.

For a bulk transfer approved by ICANN under Part B of Exhibit D to the Registry-Registrar Agreement (Appendix F), Registry Operator may charge the gaining registrar US $0 (for transfers of 50,000 names or fewer) or US $50,000 (for transfers of more than 50,000 names).

6. Community Refund

For each fiscal twelve-month period (the "Community Refund Period") beginning in the term after Registry Operator has fully repaid its investors and declared and issued dividend payments to its shareholders, Registry Operator shall issue a "Community Refund," as described below. Registry Operator shall be deemed to have declared and issued a dividend payment to the extent retained earnings of the Company exceed three times its total investment.

The total "Community Refund" will be calculated as follows:

During each Community Refund Period, Registry Operator will calculate the percentage of all new .pro domain name registrations associated with Registry Services that were sponsored by a shareholder of Registry Operator, which also operates as an ICANN-Accredited Registrar as defined in the Registry Agreement. Such percentage will be multiplied by Registry Operator's net income derived from the Registry Services during such Community Refund Period to arrive at the Community Refund.

Example: If the total number of new domain name registrations in a community refund period were 300,000, and 50,000 had been registered by the shareholders of Registry Operator, 16.667% (50,000/350,000) of the net income (after interest, taxes, depreciation, amortization and dividend) derived from Registry Services would be available to be paid as a community refund.

The calculation of the Community Refund will be approved by the Registry Operator Board of Directors no later 120 calendar days after the audit for such accounts has been completed for such Community Refund Period. The refund will be distributed no later than 90 calendar days following approval by the Board of Directors, unless an extension is needed to review proposals from groups requesting such funds.

The Registry Operator Board of Directors shall review the proposals and shall determine the recipients and amounts of distributions from the refund. The distributions shall be made for the promotion of the management and deployment of the Internet in the public interest and may include:

• Support of the DNSO.
• Support for additional arbitration mechanisms.
• Consumer-focused domain name education programs.
• Support for ICANN policies.
• Bridging the Digital Divide.

Each year beginning after the completion of the initial Community Refund Period, Registry Operator will report, according to Appendix U, on the distributions made from the Community Refund.

7. Additional Registry Services

After the Commencement-of-Service Date, Registry Operator proposes to introduce expanded query-based search ability by the appropriate parties, as determined by Registry Operator in consultation with ICANN, of Registry Data. The maximum price that Registry Operator may charge for this shall be resolved through negotiations between Registry Operator and ICANN once this service is more definitely specified.

Other services, such as certificates and verification, that are associated with registration of .pro Registered Names, but that ICANN-Accredited Registrars may obtain on a fully open and competitive basis from sources other than Registry Operator, are not deemed an integral part of the operation of the Registry TLD and therefore are not Registry Services. To the extent that Registry Operator establishes requirements or otherwise operates the Registry TLD in a manner whereby these services are not reasonably available from other sources on the basis of fair competition, then those services shall be deemed Registry Services.

8. Fee Adjustments

The Initial Registration Fee, Renewal Fee, and the Non-Bulk Transfer Fee are subject to adjustment according to the terms of Sections 3.14.4 and 4.4 of the Registry Agreement.

FEE TABLE

9. CCA Approval and Chaining Fees

An approval fee may be charged in connection with the approval or periodic review of commercial certificate authorities (CCAs) providing digital credentials under Section 9 of Appendix L. That fee will be charged by the CCA Auditor; the Registry Operator will not charge an additional approval fee. The Registry Operator may charge a digital certificate chaining fee to sponsoring Authorized Registrars or to approved CCAs providing certificates provided through sponsoring Accredited Registrars. (See Appendix L.) The chaining fee may include components associated with certificate events, such as issuance and revocation, and well as fixed component(s). The components and amount of the chaining fee will be as agreed in writing by Registry Operator and ICANN based on covering Registry Operator's costs (such as administrative, licensing, and associated costs and allowance for possible liabilities) of providing appropriately centralized services in connection with providing a common .pro certificate root, with allowance for a reasonable return on investment.

10. Approval Fee for Competitor Verification Toolkit Providers

In addition to the above, the Registry Operator may charge Competitor Verification Toolkit providers an approval fee established according to Subsection 8.3.6.1 of Appendix L.

Earlier draft:

• 02 December 2002
• 27 April 2002
• 3 March 2002
• 11 March 2001