ICANN and [Registrar] have entered into a Registrar Accreditation Agreement ("RAA"), of which this .MOBI Appendix ("Appendix") is a part. Pursuant to and subject to the RAA, Registrar and ICANN hereby agree as follows:
1. Registrar Election. Registrar hereby elects and agrees to become accredited by ICANN to provide Registrar Services in the .MOBI TLD.
2. ICANN's Acceptance. ICANN hereby accepts Registrar's election to become accredited by ICANN to provide Registrar Services in the .MOBI TLD.
3. Need for Agreement with Registry. Registrar's obligation under RAA Subsection 3.1 to operate as a registrar for the .MOBI TLD is conditioned upon the .MOBI Registry selecting Registrar as one authorized to act as a .MOBI registrar, and upon Registrar and the .MOBI Registry having an Authorizing Agreement in effect.
4. Sponsored TLD Delegated Authority. Registrar acknowledges that the .MOBI TLD is a sponsored TLD, over which the .MOBI Registry has been delegated policy-formulation authority under its Sponsored TLD Registry Agreement with ICANN. The scope of delegation is currently stated in Appendix S to the .MOBI agreement, available on the ICANN website, and includes topics that will affect the manner in which Registrar conducts its business of registering domain names in the .MOBI TLD. Registrar agrees to comply with the requirements established by the .MOBI Registry within its delegated scope of policy-formulation authority.
5. Deviations from Obligations of this Agreement Due to Delegation. The .MOBI Registry may develop and implement a policy within the scope of its authority granted by its Sponsored TLD Registry Agreement with ICANN that requires Registrar to deviate from one or more obligations of this RAA. In that event, the .MOBI Registry will notify ICANN in writing of the policy and the manner in which the .MOBI Registry believes that Registrar's obligation(s) under this RAA should be modified. Within thirty days after this notification, ICANN will either:
(a) notify Registrar and the .MOBI Registry in writing of the modification(s) to Registrar's obligations under this RAA that in ICANN's opinion is (are) appropriate to allow Registrar to comply with the .MOBI Registry's policy. In case of this notification by ICANN, Registrar may act in conformity with the modified obligation(s) stated in the ICANN notification.
(b) notify Registrar and the .MOBI Registry in writing that in ICANN's opinion no modification of Registrar's obligations is appropriate. In case of this notification by ICANN, Registrar will continue to comply with its obligations under the RAA without any modification until it is notified in writing by ICANN that a resolution of any difference between the opinions of ICANN and the .MOBI Registry is resolved.
IN WITNESS WHEREOF, the parties hereto have caused this .MOBI Appendix to be executed by their duly authorized representatives.