ICANN and Afilias agree that the following modification is made to the 8 December 2006 .INFO
Appendix 7 Additional Services
Phased Equitable Reallocation of Non-Compliant .INFO Sunrise Domain Names, (“Sunrise Name Reallocation Service”). The domain names included within the scope of the Sunrise Name Reallocation Service shall be limited to the .INFO domain names identified by Afilias and determined by WIPO to be non-compliant with the Afilias Sunrise Registration Rules. Afilias reserves the right not to reallocate domain names in the event that the applicable registrant(s) demonstrate to Afilias in its sole discretion, that the registration of such domain name was in fact compliant with the Sunrise Rules.
Pursuant to the Sunrise Name Reallocation Service, Afilias may elect to reallocate the domain names via the following processes: 1) request for proposals based on evaluation criteria, 2) auction, or 3) first come, first served registration.
The domain names allocated via the Sunrise Name Reallocation Service are an exception to the Maximum Service Fee described in Section 7.3(a) of the .INFO Registry Agreement. Revenue derived from the Sunrise Name Reallocation Service will be considered in the calculation of the average annual price of registrations for purposes of Section 7.2(a).
The parties have duly executed this Amendment as of the date first written below.