.JOBS Registry Agreement | Appendix S

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Appendix S
(5 May 2005)


Contents

Part I. Sponsored TLD Charter

Part II. Delegated Authority

Part III. Description of Sponsored TLD Community

Part IV. Start-Up Plan

Part V. Selection of Registrars

Part VI. Public WhoIs

Part VII. Additional Provisions

Part I. .JOBS Charter

I. The .JOBS TLD will be established to serve the needs of the international human resource management community (the “Community”). “Human resource management” is the organizational function that focuses on the management and direction of people. The Community consists of those persons who deal with the human element in an organization – people as individuals and groups, their recruitment, selection, assignment, motivation, compensation, utilization, services, training, development, promotion, termination and retirement.

II. The .JOBS TLD will be managed by Employ Media in accordance with (i) the provisions of this charter (the “Charter”); (ii) the interests of the Community; and (iii) policy directives from The Society for Human Resource Management (“SHRM”), as “Sponsor.”

III. SHRM shall act as the policy delegate responsible for establishing registration requirements for second-level domains in the .JOBS TLD, consistent with this Charter and in the interests of the Community. As the world’s largest human resource management association, SHRM’s tax-exempt purposes include the promotion of the use of sound and ethical human resource practices.

IV. The following persons may request registration of a second-level domain within the .JOBS TLD:

  • members of SHRM; or
  • persons engaged in human resource management practices that meet any of the following criteria: (i) possess salaried-level human resource management experience; (ii) are certified by the Human Resource Certification Institute; (iii) are supportive of the SHRM Code of Ethical and Professional Standards in Human Resource Management, as amended from time to time, a copy of which is attached hereto.

V. The Sponsor may establish stricter requirements for permitting registrations.

VI. Employ Media will promptly convey to ICANN any modifications that are made to the definition of the Community as determined by the Sponsor.


SHRM Code of Ethical
and Professional Standards
in Human Resource Management

Society for Human Resource Management
CODE PROVISIONS

*********************************************************************************

PROFESSIONAL RESPONSIBILITY

Core Principle

As HR professionals, we are responsible for adding value to the organizations we serve and contributing to the ethical success of those organizations. We accept professional responsibility for our individual decisions and actions. We are also advocates for the profession by engaging in activities that enhance its credibility and value.

Intent

  • To build respect, credibility and strategic importance for the HR profession within our organizations, the business community, and the communities in which we work.
  • To assist the organizations we serve in achieving their objectives and goals.
  • To inform and educate current and future practitioners, the organizations we serve, and the general public about principles and practices that help the profession.
  • To positively influence workplace and recruitment practices.
  • To encourage professional decision-making and responsibility.
  • To encourage social responsibility.

Guidelines

  • Adhere to the highest standards of ethical and professional behavior.
  • Measure the effectiveness of HR in contributing to or achieving organizational goals.
  • Comply with the law.
  • Work consistent with the values of the profession.
  • Strive to achieve the highest levels of service, performance and social responsibility.
  • Advocate for the appropriate use and appreciation of human beings as employees.
  • Advocate openly and within the established forums for debate in order to influence decision-making and results.

PROFESSIONAL DEVELOPMENT

Core Principle

As professionals we must strive to meet the highest standards of competence and commit to strengthen our competencies on a continuous basis.

Intent

  • To expand our knowledge of human resource management to further our understanding of how our organizations function.
  • To advance our understanding of how organizations work ("the business of the business").

Guidelines

  • Pursue formal academic opportunities.
  • Commit to continuous learning, skills development and application of new knowledge related to both human resource management and the organizations we serve.
  • Contribute to the body of knowledge, the evolution of the profession and the growth of individuals through teaching, research and dissemination of knowledge.
  • Pursue certification such as CCP, CEBS, PHR, SPHR, etc. where available, or comparable measures of competencies and knowledge.

ETHICAL LEADERSHIP

Core Principle

HR professionals are expected to exhibit individual leadership as a role model for maintaining the highest standards of ethical conduct.

Intent

  • To set the standard and be an example for others.
  • To earn individual respect and increase our credibility with those we serve.

Guidelines

  • Be ethical; act ethically in every professional interaction.
  • Question pending individual and group actions when necessary to ensure that decisions are ethical and are implemented in an ethical manner.
  • Seek expert guidance if ever in doubt about the ethical propriety of a situation.
  • Through teaching and mentoring, champion the development of others as ethical leaders in the profession and in organizations.

FAIRNESS AND JUSTICE

Core Principle

As human resource professionals, we are ethically responsible for promoting and fostering fairness and justice for all employees and their organizations.

Intent

To create and sustain an environment that encourages all individuals and the organization to reach their fullest potential in a positive and productive manner.

Guidelines

  • Respect the uniqueness and intrinsic worth of every individual.
  • Treat people with dignity, respect and compassion to foster a trusting work environment free of harassment, intimidation, and unlawful discrimination.
  • Ensure that everyone has the opportunity to develop their skills and new competencies.
  • Assure an environment of inclusiveness and a commitment to diversity in the organizations we serve.
  • Develop, administer and advocate policies and procedures that foster fair, consistent and equitable treatment for all.
  • Regardless of personal interests, support decisions made by our organizations that are both ethical and legal.
  • Act in a responsible manner and practice sound management in the country(ies) in which the organizations we serve operate.

CONFLICTS OF INTEREST

Core Principle

As HR professionals, we must maintain a high level of trust with our stakeholders. We must protect the interests of our stakeholders as well as our professional integrity and should not engage in activities that create actual, apparent, or potential conflicts of interest.

Intent

To avoid activities that are in conflict or may appear to be in conflict with any of the provisions of this Code of Ethical and Professional Standards in Human Resource Management or with one's responsibilities and duties as a member of the human resource profession and/or as an employee of any organization.

Guidelines

  • Adhere to and advocate the use of published policies on conflicts of interest within your organization.
  • Refrain from using your position for personal, material or financial gain or the appearance of such.
  • Refrain from giving or seeking preferential treatment in the human resources processes.
  • Prioritize your obligations to identify conflicts of interest or the appearance thereof; when conflicts arise, disclose them to relevant stakeholders.

USE OF INFORMATION

Core Principle

HR professionals consider and protect the rights of individuals, especially in the acquisition and dissemination of information while ensuring truthful communications and facilitating informed decision-making.

Intent

To build trust among all organization constituents by maximizing the open exchange of information, while eliminating anxieties about inappropriate and/or inaccurate acquisition and sharing of information

Guidelines

  • Acquire and disseminate information through ethical and responsible means.
  • Ensure only appropriate information is used in decisions affecting the employment relationship.
  • Investigate the accuracy and source of information before allowing it to be used in employment related decisions.
  • Maintain current and accurate HR information.
  • Safeguard restricted or confidential information.
  • Take appropriate steps to ensure the accuracy and completeness of all communicated information about HR policies and practices.
  • Take appropriate steps to ensure the accuracy and completeness of all communicated information used in HR-related training.

Society for Human Resource Management
1800 Duke Street • Alexandria, Virginia 22314 USA

Copyright © 2005, Society for Human Resource Management

Part II. Delegated Authority

The following areas of responsibility for development of policies for the Sponsored TLD are delegated to the Registry Operator, who has engaged The Society for Human Resource Management as policy delegate and VeriSign Naming and Directory Services, Inc., as a back-end provider to assist in provision of such responsibilities, provided the other provisions of the Sponsored TLD Registry Agreement and its Attachments are followed:

1. Establishment of naming conventions to be used in the Sponsored TLD.

2. Restrictions on what types of people or entities may register Registered Names (which need not be uniform for all names within the Sponsored TLD), provided the scope of the Charter (Attachment 1) is not exceeded.

3. Restrictions on how Registered Names may be used (which need not be uniform for all names within the Sponsored TLD), provided the scope of the Charter (Attachment 1) is not exceeded.

4. Performance of Eligibility and Name-Selection Services (ENS Services), either directly by the Registry Operator or by one or more organizations or individuals to which it delegates the responsibility for performing ENS Services.

5. Mechanisms for enforcement of the restrictions in items 1, 2 and 3, including procedures for cancellation of registrations.

6. Mechanisms for resolution of disputes between owners of rights in names (such as trademarks) and registrants that do not supplant ICANN's dispute-resolution policies or remedies that may be available under law.

7. Selection of back-end registry provider and establishment of the terms of agreement between the Registry Operator and the provider.

8. Functional and performance specifications for, and pricing of, Registry Services.

9. Matters concerning the operation of the registry for the Sponsored TLD.

10. Selection of ICANN-Accredited Registrars to act as registrars for the Sponsored TLD (see Subsection 7.1), consistent with Attachments 8 and 9.

11. Terms of agreement to be offered by the Registry Operator to ICANN-Accredited Registrars selected by the Registry Operator, including provisions for fair treatment by the Registry Operator of those registrars.

12. Practices of ICANN-Accredited Registrars selected by Registry Operator with respect to Registered Names and their registration.

13. Terms of agreement between Registry Operator, registrars and registrants under which Registered Names are registered.

14. Uses and practices by registrants with respect to Registered Names.

15. Procedures and schedule for the start-up of the Sponsored TLD, provided they are consistent with Attachment 8.

16. Provisions for publication of registry and registrar data consistent with the Sponsored TLD Registry Agreement and Registrar Accreditation Agreements.

17. Terms of agreement between or among Registry Operator, registrars, and registrants necessary to give effect to the above.

18. Authorization to initiate the .jobs Policy Development Process (PDP) in place between the Registry Operator and the policy delegate, currently the Society for Human Resource Management, and to enact such policies produced by the PDP.

19. Other areas of responsibility as agreed to in writing by both ICANN and Registry Operator.

Part III.   Description of Sponsored TLD Community

The .JOBS TLD is intended to serve the needs of the international human resource management community (the “Community”). “Human resource management” is the organizational function that focuses on the management and direction of people. The Community consists of those persons who deal with the human element in an organization – people as individuals and groups, their recruitment, selection, assignment, motivation, compensation, utilization, services, training, development, promotion, termination and retirement.

Part IV. Start-Up Plan

This Attachment specifies the start-up plan for the .jobs TLD. The plan consists of a multiphase process summarized below.

PHASE

TIME FRAME

DESCRIPTION

0. POLICY DEVELOPMENT

Began: 2003

Status: Completed

.jobs Charter;

.jobs Policy Development Process;

Eligible Name Service: companyname.jobs

1. SYSTEM BUILD

March – September 2005

Build registry system

2. INITIAL RESERVATIONS

May - June 2005

Initial reservations for registrant;

Intellectual Property concerns

3. FAMILIARIZATION & CONSULTATION

July - September 2005

Personnel Management Association (PMA) reserved into Pending Status

4. TESTING

July - September 2005

Registry System Tested;

Billing System Tested;

Registrar Operational Test and Evaluation (OT&E)

5. ATTRIBUTION OF NAMES

September 2005

Registry create of reserved names

6. PRE-LAUNCH

Begin: October 2005

End: TBD

PMA Registration Period

7. NORMAL OPERATIONS

Begin at end of Pre-Launch

Domain Name Registration open to all Eligible Community Members

PHASE 0: POLICY DEVELOPMENT

Policy development for .jobs name registration began in 2003. In conjunction with its designated policy delegate, the Society for Human Resource Management (SHRM), the following policy determinations have been developed:

  • The definition of the .jobs Charter (completed)
  • The definition of the .jobs Policy Development Process (completed)
  • Eligible Names Service to be in the format of companyname.jobs (completed)

PHASE 1: SYSTEM BUILD

Work with back-end provider (e.g., VNDS) to provide the back-end Registry system and services related to providing and maintaining the system (e.g., registrar help desk and billing).

  • Modify system specs to conform to ICANN registry agreement service levels and performance guidelines.
  • Design .jobs registry system integration within VNDS constellation system.
  • Provision VNDS and Registry Operator resources towards building system and system integration with other systems (i.e., registrars, Registry Operator back-end systems, etc.).
  • Build Registry system with targeted build date of September, 2005.

It is anticipated that Phase 2 and 3 reservations will be received via a reservation system (either provided though the Registrars, by Registry Operator, by a third party under Registry Operator’s direction or by coordination between Registrars and Registry Operator). In Phase 1, the .jobs reservation system will be built.

  • Create reservation system design based upon Phase 2 and Phase 3 reservation requirements.
  • Create a robust reservation system capable of receiving reservations from Qualified Applicants, including information required for verification purposes.
  • Design reservation system to be capable of both batch reservations (e.g., Phase 2) and non-batch reservations (e.g., Phase 3).
  • Create reservation system database design.
  • Provision resources towards building the reservation system up to design specifications.
  • Build the reservation system.
  • Upload the reservation system for comprehensive testing.
  • Perform comprehensive testing of reservation system.

During this Phase Registry Operator will begin discussions with ICANN-accredited Registrars towards execution of an RAA towards commencing registration activities in later Phases and/or accepting reservations in Phase 2.

PHASE 2: INITIAL RESERVATIONS

Phase 2 will last for 2 months (or otherwise as Registry Operator will inform ICANN during Phase 0 or 1 based upon input from the Community) and will allow Employer Organizations wishing to protect their trade name(s) to submit reservation application(s) for domain names reflecting their trade name.

  • During Phase 2 only Qualified Applicants (i.e., persons identified in the .JOBS Charter IV, see Attachment 1) who are members of a PMA may submit reservation application(s). Qualified Applicants must evince their status as a PMA member during the application process.
  • All applications submitted during the Phase 2 will be internally processed regarding verification. The Registry Operator may require an applicant to submit additional evidence of trade name status in order to complete processing of an application.
  • All applications will be held until the completion of Phase 2 (i.e., no registrations will be created in the Registry during Phase 2). During this time the verification system will be tested and modified as required to accommodate live applications.

Members of the Community will be encouraged to submit reservation applications for domains for which intellectual property concerns (i.e., trade names) may arise. It is believed that the great majority of intellectual property concerns will be addressed by policy limitations on registrations; namely, (1) that registrations may only be for the legal name of an employer organization (the registrant – excluding punctuation and identifiers such as “the” or “inc”), a name or abbreviation under which the employer is commonly known or includes such a legal or commonly-known name or identifier; and (2) that certain generic terms, occupational identifiers, geographic terms, etc., as identified as Registry Operator reserved names, will not be available for registration, regardless of whether such domain is otherwise qualified under (1).

  • As part of the verification process, a Registry Operator compliance officer will review each application (i.e., review is not an entirely automated process) to determine if the application is verifiable (e.g., evinces status as an Employer Organization, Qualified Applicant evinces status as a member of a PMA, etc.).
  • As reservation applications are batch-processed, there will be no benefit to a “land rush,” i.e., it is not anticipated that there will be a rush to be the first to reserve a particular name. To the extent such a rush occurs, anyway, the reservation system will accept all reservation applications and each application will be processed in batch with all other reservation applications.

It is acknowledged that multiple potential registrants may apply for a single .jobs domain name.

  • If, after Registry Operator’s verification process, more than one qualified potential registrant remains for a single domain, an attempt will be made to resolve the situation among the qualified parties. Best efforts will be used to resolve such situations during Phase 2.
  • In the event any such situation is not resolved during the Phase 2, the domain at-issue will be set aside pending resolution between the parties.
  • In resolving such situations, the parties will be encouraged to implement a mechanism which allows all users to accurately resolve to the employer of choice (e.g., a general redirection page) or to decide among themselves which entity will get the registration.
  • In the event that a resolution can not be achieved, the reservation applications will be reviewed to determine if any resolution can be determined based upon established guidelines for registration. For example, it is anticipated that an application for an exact legal name would take priority over an applicant for a commonly-known name which is not a legal name.
  • In the event no such resolution occurs, or if more than one applicant remains after such a screening, a priority among the applicants will be determined (e.g., randomly), and each applicant will be given an opportunity within a limited time frame to file one or more UDRP actions (as modified for .jobs) to determine rights to the domain.

At the conclusion of Phase 2, all applications which have been verified and are otherwise not involved in a dispute resolution will be placed in pending status.

PHASE 3: FAMILIARIZATION & CONSULTATION

.jobs will enter a Familiarization and Consultation period where .jobs will be promoted to PMA membership. Reservation applications will be accepted from Qualified Applicants who are members of a PMA. Verified reservation applications will be placed in pending status (i.e., no batch processing of Phase 2).

  • The Registry Operator will continue education, awareness and marketing activities towards PMA members.
  • The goals of these activities will be to further awareness of the .jobs TLD, to educate PMA members as to the rules and policies governing registrations of .jobs TLD’s, to educate PMA members regarding when and how .jobs domain may be registered, and to promote registrations in the .jobs TLD (subject to policies and rules).

Application reservations will be accepted from those meeting eligibility requirements.

3.3 Eligible requests will be placed in pending status.

PHASE 4: TESTING

Registry Operator will conduct comprehensive testing of the registry system (including the billing system) and registration procedures (including interfaces with Registrars).

  • Testing will confirm that all entities involved in the registration process are adequately prepared for the commencement of Phase 5 and that the process itself is robust.
  • Before a Registrar is allowed to join the live Shared Registry System it must first pass Operational Test and Evaluation (OT&E) certification.
  • The purpose of OT&E certification is to verify the correct operation of a Registrar’s client system.

PHASE 5: ATTRIBUTION OF NAMES

After the registry system has been converted into production, a registry create command will be initiated in the registry system for (1) domain names reserved from registration, (2) pending domain names reserved during Phase 2, and (3) pending domain names reserved during Phase 3.

  • Whois service and zone-file access will begin at the conclusion of Phase 5.
  • Data escrow will begin no later than 90 days after conclusion of Phase 5.

PHASE 6: PRE-LAUNCH

The Pre-Launch Phase is intended as a concept phase of the .jobs pending/create functionality and is to include wide adoption of ICANN Accredited Registrars via the Shared Registry System (SRS) and eligible members of PMA’s.

6.1 Applications will be accepted from Qualified Applicants who are members of a PMA. Applications will be placed directly into the Registry with Pending status.

6.2 The verification process, including verification partners, will be more widely and thoroughly tested than during previous phases of launch.

6.3 Upon verification of an application, the domain will be created in the Registry. A domain in Pending status unable to be successfully verified will be deleted from the Registry.

The goal is to propagate the functionality of the .jobs name space in the best interests of the Community and in a manner to ensure security and stability prior to Phase 7, Normal Operations.

The duration of Phase 6 will be determined by a variety of factors, including (1) the level of compliance conformity during previous Phases; (2) the nature/length of any disputes left over from Phase 2; (3) the demand of previous Phases, particularly including early weeks/months of Phase 6; (4) the anticipated demand of Phase 7 – normal operations; (5) input of the Community; and (6) input from ICANN.

  • It is anticipated that Phase 6 will last on the order of 6 months.
  • In any event, Registry Operator will report to ICANN the results of compliance conformity and, based upon the factors listed above, will advance to Phase 7 with at least 30 days notice to ICANN.

PHASE 7: NORMAL OPERATIONS

Upon achieving satisfactory results in Phase 6 as detailed above, .jobs will enter normal operations whereupon all members of the Community will be able to apply for a registration from a .jobs participating Registrar.

The Registry Operator may from time to time introduce new categories of domain registrations, consistent with the Charter and in compliance with the provisions of this Sponsored TLD Registry Agreement. Registry Operator reserves the right to introduce additional start-up plan(s) for any such introductions.

Of note, the Phases listed above may occur contemporaneously.

Part V. Selection of Registrars

Registry Operator will select ICANN-accredited registrar(s) that wish to enter into an Authorizing Agreement to register .jobs domain names. As part of the selection process, Registry Operator will evaluate each registrar on a case-by-case basis, weighing the following characteristics:

  • Thorough understanding of the principles and intentions underlying the .jobs registration policies.
  • Dedicated willingness and ability to propagate and enforce these policies in an observant and diligent manner and in accordance with policies and procedures prescribed by the Registry Operator.
  • Demonstrated willingness and ability to publicize and market the .jobs TLD, to follow all .jobs TLD marketing guidelines and to use .jobs TLD marketing materials as appropriate.
  • Established business relationships with substantial numbers (proportionate to the size of the registrar) of employers in the regions served by the registrar.
  • Willingness and ability to post and refresh a minimum deposit against which fees will be drawn.
  • Demonstrated familiarity with the language requirements of the region(s) served by the registrar.
  • Demonstrated willingness and ability to reach out to lesser developed regions and provide access to .jobs registrations.
  • Demonstrated willingness and ability to compliment and/or assist in Employ Media’s outreach program(s) to lesser developed regions.
  • Demonstration that sufficient staff resources are available and ability to interface with automated and manual elements of the .jobs TLD registry process.
  • Demonstrated willingness to share with Employ Media contact information and marketing efforts aimed at all current registrants with whom the registrar has relationships who are eligible for registration.
  • Demonstrated systems designed to avoid submission of unqualified applicants that will burden the .jobs TLD qualification system.
  • Demonstrated systems designed to avoid any disputes regarding transfers among registrars.
  • Recognition of the specific aspects of the HR community that will be supported by the .jobs TLD and a willingness to participate in it in that spirit.
  • Familiarity with the needs of the HR community and established modes for reflecting these needs in registrar services and registration processes.
  • Broad geographic distribution of registrar locations.
  • Established collaborative contact with one or more associations representing the HR community in the language and geographical region or sector served by the registrar.
  • Dedicated willingness and ability to act together with the HR community in the processing of registration requests.

Registry Operator will periodically review and, as appropriate, revise its selection of registrars.

Part VI.  Public Whois Specification

The Registry Operator will provide Whois service on a thin model. This Attachment is subject to change by agreement of the Registry Operator and ICANN during the design process as well as during the IETF standards process. However, the following provides the target architecture and initial functionality.

It is anticipated that the .jobs Whois will comply with IRIS (see RFC 3981) as soon as IRIS is implemented by .jobs’ back-end provider (e.g., assuming Verisign is the .jobs back-end provider upon start-up, as soon as Verisign implements IRIS). Until IRIS is implemented, the .jobs Whois thin model will perform similarly to the thin registry for .com provided by Verisign.

Whois will be available via port 43 access and via links at a designated website (e.g., nic.jobs).

Domains, registrars and/or nameservers (either by name or address) would be able to be queried. Exemplary data sets and outputs are set forth below:

For all registered second-level domain names in .jobs, information as illustrated in the following example is displayed, where the entry parameter is the domain name:

Domain Name: employmedia.jobs
Registrar: NETWORK SOLUTIONS, INC.
Whois Server: whois.networksolutions.com
Referral URL: www.networksolutions.com
Name Server: NS1.CRSNIC.NET
Name Server: NS2.NSIREGISTRY.NET
Updated Date: 07-mar-2005

>>> Last update of whois database: Friday, 11 March 2005 08:39:18 EDT <<<

For all ICANN-accredited registrars who are authorized to register .jobs second-level domain names, information as illustrated in the following example is displayed, where the entry parameter is the full name of the registrar (including punctuation, "Inc.", etc.):

Registrar Name: Accredited Registrar
Address: 222 Accredited Way, Dulles, VA 20166, US
Phone Number: 999 999 9999
Email: registrar-agent@accreditedregistrar.com
Whois Server: whois.accreditedregistrar.com
Referral URL: domain.accreditedregistrar.com
Admin Contact: Jim Jones
Phone Number: 999 999 9999
Email: jj@accreditedregistrar.com
Admin Contact: Julie Jones
Phone Number: 999 999 9999
Email: juj@accreditedregistrar.net
Billing Contact: Joe Jones
Phone Number: 999 999 9999
Email: joj@accreditedregistrar.com
Technical Contact: Jim Jones
Phone Number: 999 999 9999
Email: jj@accreditedregistrar.com
Technical Contact: Julie Jones
Phone Number: 999 999 9999
Email: juj@accreditedregistrar.net

>>> Last update of whois database: Friday, 11 March 2005 08:39:18 EDT <<<

For all hosts registered using second-level domain names in .jobs, information as illustrated in the following example is displayed, where the entry parameter is either the full host name or the IP address:

Server Name: NS1.CRSNIC.NET
IP Address: 198.41.3.39
Registrar: NETWORK SOLUTIONS, INC.
Whois Server: whois.networksolutions.com
Referral URL: www.networksolutions.com

>>> Last update of whois database: Friday, 11 March 2005 08:39:18 EDT

Registrars would be required to maintain RFC3912- and RFC3981-compliant Whois service including appropriate data elements and output fields. Furthermore, Registrars would be required to migrate to IRIS when the Registry Operator moves the .jobs Whois to the IRIS standard.

Part VII. Additional Provisions

1. TLD Differentiation

ICANN and Registry Operator acknowledge that a criteria included in the application process in which the .jobs TLD was selected, and in the previous TLD application expansion round, was that a new TLD be “clearly differentiated from existing TLD’s.” ICANN, when undertaking to effect the delegation of new TLDs, shall take into consideration Internet community input received, including any objections interested third parties may have under policy considerations or applicable law or otherwise, regarding the creation of new TLD strings.

2. Community Value Criteria

Regarding the .jobs TLD, Registry Operator will fulfill the Community Value criteria as set forth during the application process, including “B. Protecting the rights of others” and “C. Assurance of charter-compliant registrations and avoidance of abusive registration practices.” (The “Community Value Criteria”.)

As set forth generally in Registry Operator’s response(s) to the RFP, Registry Operator will fulfill the Community Value Criteria as follows:

The .jobs sTLD has policies and practices which minimize abusive registration activities and other activities that affect the legal rights of others, and which further provide safeguards against unqualified registrations and ensure compliance with ICANN policies.

.jobs domain registrations are limited to the legal name of an employer and/or a name or abbreviation by which the employer is commonly known. All prospective registrants must submit a Qualification Document (generally speaking, proof of status as an employer organization, such as, e.g., in the U.S., a Form 941) which will be reviewed by Employ Media for approval prior to allowing registration. This will significantly minimize fraudulent entities from obtaining a registration. This will also minimize registration of a name by an entity which does not have such a legal name or is not commonly known by such a name. This will minimize cybersquatters and/or domain prospectors. Furthermore, abusive “overreaching” applications (i.e., requesting domains which do not reflect the name of the entity (legal or commonly known)) will be rejected under this practice.

Unqualified registrations will be further minimized by the requirement of a Qualified Applicant to submit an application for registration. In the event an application is submitted without a Qualified Applicant, the application will be rejected. In the event an application is accepted with what turns out to be a fraudulent Qualified Applicant, the registration may be deleted.

All registrants are required to enter into a Registration Agreement. The Registration Agreement obligates the prospective registrant to support the SHRM Code (see, Appendix S, “TLD Charter”), to certify that a Qualified Applicant has submitted the application, that the any statements made during the registration process (and in the Registration Agreement) are complete and accurate, that (to the registrant’s knowledge) the registration or intended use of the domain name will not infringe upon or otherwise violate the rights of any third party, that the registrant is not registering the domain name for any unlawful purpose, that the registrant will not knowingly use the domain name in violation of any applicable laws or regulations, and that the registration is subject to ICANN’s UDRP (as modified for .jobs) and all applicable laws (such as anti-cybersquatting legislation).

Registry Operator’s proactive screening processes may not catch 100% of all abusive and/or non-compliant registrations, and circumstances may change during a registration period, placing the registrant out of compliance with the Registration Agreement. In the event of such a later-determined abusive or fraudulent application, a complaint may be filed under the UDRP and the registrant will have to submit to UDRP arbitration. During this action, an independent arbitrator will determine whether the actions of the registrant have violated the Registration Agreement. If so, the registration is subject to cancellation. Alternatively, in the event of an abusive or fraudulent use of a domain, the registrant is similarly subject to the UDRP and the prospect of cancellation. Via UDRP and other enforcement (e.g., via litigation) of the Registration Agreement, abusive and/or unqualified registrations are significantly minimized. Furthermore, in the event of egregious fraudulent and/or abusive registration and/or use, Registry Operator reserves the right, in its sole discretion, to suspend and/or delete the offending domain.

There is an added risk of abusive and/or unqualified registrations during the start-up of the .jobs sTLD. Such a time is of particular significance in terms of the legal rights of others. In this light, Registry Operator will launch with multiple start-up periods as set forth in Appendix S, “Start-Up Plan.” Each start-up period will have heightened requirement(s) (e.g., a requirement that the Qualified Applicant evince status as a member of a PMA) in order to address such added risk.

Additionally, it is noted that a major concern of other TLD’s, namely, trademark infringement, is of lesser concern as such relates to the .jobs TLD. As the Charter and the current policies prohibit all registrations which are not trade names or commonly-known names, few (if any) applications for trademark.jobs will get through Employ Media’s screening process. This means that there will be little pressure on current trademark holders to believe that they have to defensively obtain all of their “trademarks.jobs”. One event wherein a trademark right may be affected is the instance wherein an applicant has a trade name and/or a commonly known name which is identical or confusingly similar to a trademark. In this event a trademark holder is free to file a UDRP action (as modified for .jobs). Of note, however, is the effect on likelihood of confusion of the .jobs sTLD. Namely, due to restrictions set forth in this proposal, a registration in the .jobs sTLD will be associated with an employer, and more particularly the HR aspects of an employer (and still more likely job postings). Each such matter would likely be highly fact-specific, however, and is more adequately addressed in a UDRP action or litigation.

A reserved list of names will be employed to prevent inappropriate name registrations. Certain groups of domains will be reserved, such as, e.g., a list of occupational identifiers (e.g., the U.S. Bureau of Labor Statistics list of SOC occupations), industry identifiers (e.g., healthcare.jobs) and certain geographic identifiers (e.g., northeasternohio.jobs). These restricted lists are in addition to the restriction that .jobs domains comprise only trade names or commonly-known names (reserved list domains will be registered to the Registry Operator in the registry database to reflect their status as reserved names). In the event other domains are made available for registration (which would require approval as set forth in this Agreement), such domains will be specifically enumerated (i.e., not creatable by an applicant) and will be pre-screened to remove any inappropriate names.

The .jobs sTLD will comply with all applicable trademark and anti-cybersquatting legislation. In the event of an inconsistency between such legislation and the procedures of Registry Operator, Registry Operator will revise its procedures to be in compliance therewith. In the event of such an inconsistency with the Charter or a policy delegate (currently, SHRM)-dictated policy, Registry Operator will sponsor a proposed amendment to the Charter and/or policy and work with SHRM to create and implement compliant policy.

Protection for famous names and trademarks will be provided during the screening process of the Qualification Document by Employ Media. To the extent that a famous name or trademark is applied for which does not match (in Employ Media’s best judgment) the name of the applicant on the Qualification Document (including proof of a “commonly known name”), the application will either be rejected or the applicant will be notified of a requirement for additional Qualification Documents relating to the issue of the famous trademark or name. In the event Employ Media allows such a registration, the holder of the famous trademark or name may pursue a UDRP action (as modified for .jobs) against the registrant (or may pursue litigation).

Safeguards will also be taken to minimize abusive transfers. A .jobs registration may not be transferred between different registrants until the transferee has submitted an application by a Qualified Applicant, submitted a Qualification Document which has been approved by Registry Operator, and otherwise complied with the standard requirements for a qualified registrant. Such submission will not be required for a registrar change.

Of note, where it is indicated that a Registration Agreement will be entered into, or that a Qualification Document must be received, or that a registrant must agree to submit to the UDRP, it is understood that such actions will take place integrally with the registrars. For example, Registry Operator will require all registrars which accept .jobs sTLD registrations to require a registrant to agree to a Registration Agreement containing terms described herein. Registry Operator will be a named third party beneficiary with strict enforcement rights. Qualification Document(s) may be received by the registrar and then forwarded to Registry Operator for screening. All registrars which accept .jobs registrations will be required to adopt the ICANN UDRP.

3. Policy-Making and Differentiation

Policy-Making

Policy is created by SHRM and implemented and enforced by Registry Operator (here, Employ Media). Certain policies have already been created and are embodied in the Employ Media/policy delegate (here, SHRM) agreement. Additional policies and modifications to current policies will be created, reviewed and accepted/rejected as explained below.

In its creation and evaluation of any policy, SHRM is contractually obligated to act independently of Employ Media and Employ Media’s desires. SHRM is contractually required to act in the interests of the Community.

Pursuant to the Charter, SHRM will create and oversee a Policy Development Council (the “Council”). At the beginning of each calendar year, the SHRM Executive Committee or its delegate will appoint to the Council for a one year term individuals representing the varied interests and perspectives (i.e., Constituencies) of the Community, including without limitation individuals representing the Constituencies of small employers, large employers, union employers, non-union employers, government employers, private employers, international employers, academic employers, service employers, manufacturing employers, high technology employers, and recruitment companies. SHRM will also select a Staff Manager to interface with the Council and perform Council-related activities.

The Council may consider new policies and/or any changes to current policies and/or the Charter (each, a “proposed amendment”) if raised by either (1) Employ Media (the practices of which are discussed below), (2) the SHRM Executive Committee (which can act on its own volition in the best interests of the Community), or (3) the Community (which can input proposed policies/changes or request the same via any number of communication channels to SHRM and/or the Council, including on-line discussion boards, on-line forums, association meetings (formal and informal), a formal request (i.e., by email or mail to the Council), by member communication (if a SHRM member), etc.). The ability for any member of the Community to raise a policy or change will be clearly apparent via at minimum the SHRM website.

For each proposed amendment the Staff Manager will create a report (an “Issue Report”) which, inter alia, details the proposed amendment and the policy(ies) affected by the amendment, the identity of the party submitting the proposed amendment and how that party is affected by the proposed amendment. The Issue Report will be created within 30 days of receipt of the proposed amendment. The Issue Report will be distributed to the Council for review.

Within 45 days of receipt of the Issue Report, the Council shall meet to vote whether to disregard the proposed amendment, approve it or appoint a task force for additional information. Approval requires majority approval vote. Upon approval the proposed amendment is forwarded to the SHRM Executive Committee and Employ Media for further processing. Upon a majority vote by the Council of disapproval, the proposed amendment is disregarded. The Staff Manager will report such to the amendment submitter, who may take no action or submit a revised proposed amendment. In any event, the results of the vote will be posted to the Community consistently with the principles of transparency.

If requested by the Council, a task force may be appointed for gathering information. The task force will solicit and gather information regarding the positions of various parties or groups (including the Community) as comprehensively as possible. The task force may solicit opinions of outside advisors, experts and/or other members of the public. The task force will create a Task Force Report which details all received information/reports, states the majority vote position of the members of the task force, and, if a majority vote position has not been reached, explains the differing positions of the task force.

A public comment period will last for 15 calendar days after the Task Force Report is publicly posted (e.g., at SHRM’s website). Any individual or organization may submit comments during this time. At the conclusion of the comment period, the Staff Manager will attach all relevant commentary to the Task Force Report to create a Final Task Force Report which is submitted to the Council for review.

The Council will review the Final Task Force Report, may solicit the advice of outside counsel in this review, and will vote on the proposed amendment based upon the Final Task Force Report (with the same results detailed above regarding approval or disapproval).

Council-approved proposed amendments will be reviewed by the SHRM Executive Committee and Employ Media. Approval of both the SHRM Executive Committee and Employ Media is required for implementation. In this regard a “balance of powers” is achieved: no policy or amendment is implemented if not in the interests of the Community (as determined by SHRM) or if detrimental to the management of the sTLD (as determined by Employ Media). In the event that either the SHRM Executive Committee or Employ Media do not approve the proposed amendment, the submitter of the proposed amendment may request reconsideration (in writing) by the disapproving entity. If reconsideration is denied, the submitter may always resubmit the proposal or a modified proposal.

SHRM and Employ Media have already agreed upon certain policies (available upon request in the Employ Media/SHRM agreement). The Charter is an example. In an additional example, .jobs registrations will only be allowed for domain names which (i) are for the legal name(s) under which a proposed registrant does business (e.g., a trade name such as EIduPontdeNemours.jobs), for a name under which the proposed registrant is commonly known (e.g., dupont.jobs) or which includes such a legal or commonly-known name (e.g., dupontcanada.jobs); (ii) are based upon an application for registration which is submitted by a Qualified Applicant; and (iii) names as the registrant of the domain name the entity which is identified by the trade name or commonly known name. These current policies are only revisable/amendable via the policy making process described herein.

Of further note, operation of the .jobs sTLD in the interest of the stakeholders of the Community (and policy making for same) is ensured by the relationship between Employ Media and SHRM. SHRM, as an entity separate and distinct from Employ Media, has as its mission and goal the furtherance of the stakeholders of the Community. SHRM's participation as the policy delegate for the .jobs sTLD is just one more facet in SHRM's mission. As a proven representative of the interests of the Community, SHRM brings to the .jobs sTLD the same assurance of operation in the best interests of the Community that SHRM brings to all other of its activities in the best interests of the international HR community. Furthermore, the Employ Media/SHRM agreement contractually obligates SHRM to act independently from Employ Media and in the best interests of the Community in its role as policy delegate. This independence and separation from Employ Media ensures that operation of the .jobs sTLD, as manifested in the policy dictates of SHRM, are made in the best interests of the Community rather than in the best interests of the business of the .jobs sTLD (which is the job of Employ Media, separate and distinct from the job of SHRM). For example, one policy of the .jobs sTLD (as manifested in the SHRM/Employ Media agreement) is that only Qualified Applicants may apply for a registration. Employ Media ensures that this requirement will be enforced.

Furthermore, Employ Media is contractually obligated via the Employ Media/SHRM agreement to manage the .jobs sTLD in conformance with the policies set forth in the Agreement, the Charter and as provided by SHRM in its capacity as the policy delegate. SHRM has several enforcement rights in the event of a breach on the part of Employ Media, including up to obtaining injunctive relief to ensure Employ Media's compliance therewith. These obligations as placed upon Employ Media, and SHRM's ability to enforce same, further ensure operation in the interest of the stakeholders of the Community.

Differentiation

The string “jobs” is clearly differentiated from existing TLD’s. On a character level, no other TLD is plural and no other gTLD begins with the letter “j”. On a conceptual level, no current TLD serves the same purpose. Other TLD’s connote general business, commercial enterprise, non-profit organizations, educational organizations, museum organizations, cooperatives, airline industry enterprises, general information and individual countries. None of these TLD’s are aimed at the HR community, and none are employment-specific.

Furthermore, Community needs regarding marketing and other uses regarding “jobs” are not being met by current TLD’s at the second level. Either multiple levels of domains are required (e.g., third- and fourth-levels) or extended URL’s are necessary (domain.com/jobs; domain.biz/other/jobs; etc.). There is no consistency, which leads to inefficiencies both within the Community and through the Internet at large. Such inconsistency and convoluted nature of current URL fixes (e.g., domain.com/xxxxx/jobs, etc.) complicates the Community’s task of marketing their product (jobs). Such inconsistency confuses the general Internet community and is inefficient (e.g., bandwidth waste as job seekers must go through several entry pages until the employment page is reached).