Generic Top-Level Domain (gTLD) Registry Agreements
Afilias shall provide registrars with the opportunity to register domain names in the .info TLD pursuant to the terms and conditions of a Registry-Registrar Agreement ("RRA") to be executed between Afilias and any such registrars accredited by ICANN to act as a registrar for domain names within the domain of the .info TLD (hereinafter referred to as "ICANN-Accredited Registrars"). Afilias shall provide all ICANN-Accredited Registrars (including individual Afilias members acting as a registrar) with equivalent access to the EPP Registry-Registrar Protocol. Afilias will also make a certification to ICANN at the end of the six month period immediately following the Effective Date of the Registry Agreement and at the end of each subsequent six month period for the Term of the Registry Agreement, using the objective criteria set forth in the Afilias Equivalent Access Certification below, that Afilias, in its capacity as Registry Operator, and on behalf of its contractors, each is providing all ICANN-Accredited Registrars with such equivalent access.
Afilias will ensure, in a form and through ways described in the Afilias Equivalent Access Certification below, that the revenues and assets of the Registry Operator are not utilized to advantage Afilias members, any contractor to Afilias [including Liberty Registry Services, Inc. ("Liberty")], or any owner of any such contractor [including Tucows, Inc. ("Tucows")] to the detriment of other ICANN-Accredited Registrars.
All capitalized terms not otherwise defined in this document shall have the meaning ascribed to them in the Registry Agreement.
Liberty a provider of technical registry services for Afilias, has represented to Afilias that it will comply with the following policies relating to Equal Access and Nondiscrimination Practice Plan (the "Plan"). Afilias will ensure that Liberty complies with the plan and in the event that Liberty is terminated or replaced as the provider of technical registry services to Afilias, Afilias will ensure continued compliance with the Plan.
ACCESS TO DATA POLICY
1. Purpose: To establish policies (i) for the protection of Proprietary Information developed by and/or in the possession of Liberty, and (ii) for the protection of Registry Sensitive Information of the Liberty to ensure that the revenue and assets of the Liberty are not unfairly utilized to advantage Tucows. or another ICANN-Accredited Registrar to the detriment of other competing ICANN-Accredited Registrars.
When not in use, Proprietary Information or Registry Sensitive Information will be stored in a locked desk, cabinet or file. Such material will not be left unattended during the workday and should be turned face down in the presence of visitors or employees who have no need to know.
Burning, shredding or comparable methods will be used for the destruction of Proprietary Information or Registry Sensitive Information.
Terminating employees will be reminded of their responsibilities and obligations in protecting Proprietary Information. Permission to retain such information after termination must be in writing and approved by the Liberty General Counsel prior to removal.
Proprietary Information received from other companies through contractual or pre-contractual relationships will be afforded the same level of protection given to Sensitive Information.
Questions concerning implementation or interpretation of this policy will be referred to the Managing Director or the General Counsel.
Examples of Proprietary & Registry Sensitive Information
Engineering information, including schematics, code, and engineering notes will be considered Proprietary Information.
Some statistical information will be available for public consumption. Such information does not require any special treatment, so long as neither Liberty, Tucows Inc. nor any ICANN-Accredited Registrar, receives any preferential treatment (e.g., early access to such information). Other statistics, such as numbers of registrations, transfers, etc., performed by each registrar, as well as processing times, numbers of failures or any information that is trending negative or contains negative performance factors not generally available to the public should be considered Registry Sensitive Information.
One area of statistical data that is deserving of special attention is Registry Information pertaining to the numbers of registrations, transfers, etc., performed by each registrar. All such information is Registry Sensitive Information and will be treated accordingly. Unless otherwise approved, registration activity information must be protected from disclosure to any registrar other than the registrar to which the information refers.
Financial data related to Liberty is Registry Sensitive Information and will not be released without the express consent of the Managing Director of Liberty. Monthly expenses and income shall be kept sensitive and restricted from disclosure to any party other than the appropriate Liberty staff and select members of Tucows Inc. senior staff. These senior staff include the controller, Chief Financial Officer, and Chief Executive Officer of Tucows.
This is an Agreement, effective _______________ __, 20__ between Liberty Registry Management Services Inc., (hereinafter referred to as "Liberty") and _________________________ (hereinafter referred to as "_________________"). It is recognized that it may be necessary or desirable to exchange information between Liberty and _________________ for the purpose of ____________________________ _____________________________________________. With respect to the information exchanged between the parties subsequent to this date, the parties agree as follows:
I understand I am an employee assigned to Liberty Registry Management Services Inc., Liberty or another employee who has a need to know information related to the business of Liberty which is proprietary, confidential or business sensitive, belonging to the business of Liberty, other companies or customers of the Registry Business ("Need to Know Employee"). I agree not to disclose or otherwise disseminate such information to anyone other than Need to Know Employees, except as directed, in writing, by the Managing Director of Liberty or his/her designee. This prohibition is specifically intended to prevent the disclosure of any such information to personnel of ICANN-Accredited. I understand that disclosure of such information to anyone other than a Need to Know Employee or use of such information could result in personal liability for such unauthorized use or disclosure.
I agree to use such proprietary, confidential and/or business sensitive information only in the performance of requirements necessary to carry out my duties as a Need to Know Employee , and I agree to take suitable precautions to prevent the use or disclosure of such information to any party, other than Need to Know Employees. I will report to the Managing Director of Liberty or his/her designee any potential violation of this agreement. I further agree to surrender any and all data and information, of any type whatsoever, to the Managing Director of the Liberty or his/her designee upon the termination of my employment as an employee of Liberty.
I certify that I have read and fully understand this Non-Disclosure Agreement and agree to abide by all requirements contained herein. I understand that my strict compliance is essential to Liberty, and any violation of these requirements may result in termination of my employment.
LIBERTY BUSINESS ORGANIZATIONAL CONFLICT OF INTEREST AVOIDANCE CERTIFICATION
I hereby certify that I have received training in and understand the requirements of conflict of interest issues and the requirements of the Organizational Conflict of Interest Compliance Plan of Liberty Registry Management Services, Inc. I certify that I will strictly comply with the provisions of this Plan. I understand my obligation to (i) refrain from any activities which could pose a personal conflict of interest and (ii) report to the Managing Director any conflict, whether personal or organizational, which is perceived or identified during the course of my employment with Liberty.
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