ICANN and VeriSign, Inc. agree that the following modification is made to the 29 June 2005 dot-NET Registry Agreement:
Section 9, Additional Services
9.1 Bulk Transfer After Partial Portfolio Acquisition (BTAPPA)
Bulk Transfer After Partial Portfolio Acquisition (BTAPPA) is a registry service available to consenting registrars in the circumstance where, pursuant to VeriSign’s policies: (1) one ICANN-accredited registrar purchases (the “gaining registrar”), by means of a stock or asset purchase, merger or similar transaction, a portion, but not all, of another ICANN-accredited registrar’s domain name portfolio (the “losing registrar”) in the dot-NET top-level domain; or (2) a gaining registrar receives a request from a registrant to transfer a significant number of its domain names from a losing registrar to that gaining registrar.
At least fifteen businessdays (which excludes federal holidays in the United States) before completing a BTAPPA, the losing registrar must provide to all domain name registrants for names involved in the bulk transfer, written notice of the bulk change of sponsorship. The notice must include a statement that all transfer rules and policies set by ICANN and the registry shall remain in effect and instructions on how a registrant can opt-out of the bulk transfer if the losing registrar has indicated its willingness to continue to serve as the registrar for the domain name.
If a domain is transferred under the BTAPPA service during any applicable grace period as described in Section 3 above, there is no credit. The expiration dates of transferred registrations are not affected.
Domain names with the following statuses at the time of the transfer request or the actual transfer will not be transferred in a BTAPPA: “pending transfer”, “redemption grace period” (RGP), or “pending delete.” Domain names that are within the Auto-Renew Grace Period are subject to bulk transfer, but VeriSign may decline to provide a credit for those names deleted after the bulk transfer, but prior to the expiration of the Auto-Renew Grace Period.
Both the gaining and losing registrars must approve the list of domain names subject to the BTAPPA prior to the change in sponsorship by VeriSign. VeriSign has discretion to reject a BTAPPA request if there is reasonable evidence that a transfer under BTAPPA is being requested in order to avoid fees otherwise due to VeriSign or ICANN, or if a registrar with common ownership or management or both has already requested BTAPPA service within the preceding six-month period.
This Amendment supersedes any prior versions of this Amendment No. 3 with respect to the subject matter herein. The parties have duly executed this Amendment as of the date last written below.