Amendment No. 3 to the .MOBI Registry Agreement
The Internet Corporation for Assigned Names and Numbers and Afilias Technologies Limited agree, effective as of _______________________________ (“Amendment Effective Date”), that the following modification is made to the 10 July 2005 .MOBI Registry Agreement (“Agreement”):
I. A new Section 10 is added to Appendix 7 to read as follows:
10. Bulk Transfer After Partial Portfolio Acquisition.
Bulk Transfer After Partial Portfolio Acquisition (BTAPPA) is a registry service available to consenting registrars in the circumstance where one ICANN-accredited registrar purchases, 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 in the .MOBI top-level domain.
At least fifteen days 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 an explanation of how the Whois record will change after the bulk transfer occurs, and customer support and technical contact information of the gaining registrar.
If a domain is transferred under the BTAPPA service during any applicable grace period, there is no credit. The expiration dates of transferred registrations are not affected.
Domain names in the following statuses at the time of the Transfer Request 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 window are subject to bulk transfer, but Registry Operator may decline to provide a credit for those names deleted after the bulk transfer, but prior to the expiration of the auto-renew grace window.
Registry Operator 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 Registry Operator or ICANN, or if a registrar with common ownership or management or both has already requested BTAPPA service within the preceding six-month period.
In the event that one or more ICANN-accredited Registrars participate in the BTAPPA service, each such Registrar shall be required to agree to the pricing, terms and conditions set forth in Appendix 7, Exhibit A.
II. The parties agree that, except as set forth herein, the current terms of the Agreement shall remain in full force and effect. All capitalized terms not defined herein will have the meaning given to them in the Agreement.
IN WITNESS WHEREOF, the parties to this Amendment by their duly authorized representatives have executed this Amendment as of the date associated with that party’s signature.
ICANN Afilias Technologies Limited
By: __________________________ By: __________________________
Name: _______________________ Name: _______________________
Title: ________________________ Title: ________________________