3.1.3.1. The measurements will be conducted by sending strings of DNS request packets from each of four measuring locations to each of the Nameservers and observing the responses from the Nameservers. (These strings of requests and responses are referred to as a "CNNP Test".) The measuring locations will be four root nameserver locations (on the US East Coast, US West Coast, Asia, and Europe).
3.1.3.2. Each string of request packets will consist of 100 UDP packets at 10-second intervals requesting ns records for arbitrarily selected second-level domains in the Sponsored TLD, preselected to ensure that the names exist in the Sponsored TLD and are resolvable. The packet loss (i.e. the percentage of response packets not received) and the average Round-trip time for response packets received will be noted.
3.1.3.3. To meet the packet loss and Round-trip-time requirements for a particular CNNP Test, all three of the following must be true:
3.1.3.3.1. The Round-trip time and packet loss from each measurement location to at least one Nameserver must not exceed the required values.
3.1.3.3.2. The Round-trip time to each of 75% of the Nameservers from at least one of the measurement locations must not exceed the required value.
3.1.3.3.3. The packet loss to each of the Nameservers from at least one of the measurement locations must not exceed the required value.
3.1.3.4. Any failing CNNP Test result obtained during an identified Core Internet Service Failure shall not be considered.
3.1.3.5. To ensure a properly diverse testing sample, ICANN will conduct the CNNP Tests at varying times (i.e. at different times of day, as well as on different days of the week). The cross-network Nameserver performance requirement will be deemed to have not been met only if the Nameservers persistently fail (see item 3.1.3.3 above) the CNNP Tests with no less than three consecutive failed CNNP Tests to be considered to have persistently failed.
3.1.3.6. In the event of persistent failure of the CNNP Tests, ICANN will give Sponsor written notice of the failures (with backup data) and Sponsor will have sixty days to cure the failure.
3.1.3.7. If, following Sponsor's opportunity to cure in item 3.1.3.6 above, the Nameservers continue to persistently fail CNNP Tests and Sponsor fails to resolve the problem within thirty days after written notice of the continuing failures, Sponsor will be in breach of its obligations under Subsection 3.4 of the Sponsorship Agreement.
3.1.3.8. Sixty days before the commencement of testing under this provision, ICANN will provide Sponsor with the opportunity to evaluate the testing tools and procedures to be used by ICANN. In the event that Sponsor does not approve of such tools and procedures, ICANN will work directly with Sponsor to make necessary modifications.