Amendment No. 4 to the .MOBI Sponsored TLD 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:
1. Deleting Section 7.1(c), which currently reads:
“c. Restrictions on Acquisition of Ownership or Controlling Interest in Registrar. Registry Operator shall not acquire, directly or indirectly, control of, or a greater than fifteen percent ownership interest in, any ICANN-accredited registrar, without ICANN's prior approval in writing, which approval shall not be unreasonably withheld.”
2. Amending Section 7.1(b) to read:
“b. Registry Operator Shall Not Act as Own Registrar. Registry Operator shall not act as a registrar with respect to a “domain name registration” as that term is defined in Section 7.2(b) below. This shall not preclude Registry Operator from registering names within the TLD to itself through a request made to an ICANN-accredited registrar or from becoming an Affiliate of or reseller for an ICANN-accredited registrar.”
3. Adding new Sections 7.1(c) and 7.1(d) to read as follows:
"c. If Registry Operator (i) becomes an Affiliate or reseller of an ICANN accredited registrar, or (ii) subcontracts the provision of any Registry Services to an ICANN accredited registrar, registrar reseller or any of their respective Affiliates, then, in either such case of (i) or (ii) above, Registry Operator will give ICANN prompt notice of the contract, transaction or other arrangement that resulted in such affiliation, reseller relationship or subcontract, as applicable, including, if requested by ICANN, copies of any contract relating thereto; provided, that ICANN will not disclose such contracts to any third party other than relevant competition authorities. ICANN reserves the right, but not the obligation, to refer any such contract, transaction or other arrangement to relevant competition authorities in the event that ICANN determines that such contract, transaction or other arrangement might raise competition issues.
d. For the purposes of this Agreement: (i) "Affiliate" means a person or entity that, directly or indirectly, through one or more intermediaries, or in combination with one or more other persons or entities, controls, is controlled by, or is under common control with, the person or entity specified, and (ii) "control" (including the terms "controlled by" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a person or entity, whether through the ownership of securities, as trustee or executor, by serving as an employee or a member of a board of directors or equivalent governing body, by contract, by credit arrangement or otherwise.”
4. Adding Section 7.1(e) to read:
"e. In connection with the operation of the registry for the TLD, Registry Operator shall comply with the Registry Code of Conduct as set forth in Appendix 8."
II. The Parties agree that Appendix 8 to the Agreement is hereby added in its entirety in the form attached hereto.
The parties have duly executed this Amendment as of the date associated with that party’s signature first written below.