Unsponsored TLD Agreement: Appendix U (.biz)

Unsponsored TLD Agreement: Appendix U (.biz) Posted: 11 May 2001

Registry Operator shall provide the following reports and related data to ICANN for use in its proof of concept evaluation. Such reports shall be provided according to the schedule described herein during the Term of the Registry Agreement.

The reports provided by Registry Operator as described in this Appendix shall be subject to confidentiality restrictions according to categories described in Section 11.

1. Concept: Procedures for Maintaining Registry Stability and Fairness to Customers in the Launch of a TLD Restricted to Commercial Use

1.1 Phase 1 Period Effectiveness–within 120 days after the end of the Phase 1 Period (as set forth in Appendix J), Registry Operator shall provide the following information and reports to ICANN.

1.1.1 Total number of Trademark Claim Form Submissions for the Intellectual Property Notification ("IPN") Service.

1.1.2 Total number of Trademark Claim Form Submissions for the IPN Service broken down by the following global regions:

1.1.2.1 Africa;

1.1.2.2 Asia Pacific;

1.1.2.3 Europe;

1.1.2.4 Latin America/Caribbean; and

1.1.2.5 North America.

1.1.3 Total fees collected for the IPN Service during the Phase 1 Period.

1.1.4 Total number "matches" between .biz strings submitted in the .biz domain name Applications and Trademark Claim Forms.

1.1.5 Total number of domain names placed "on hold" as a result of the IPN Service.

1.1.6 Total number of domain name requests cancelled by the applicant following IPN Service notice.

1.1.7 Total Domain Name Application volume by day.

1.1.8 Total Domain Name Application volume by week.

1.1.9 Total Domain Name Application volume with holder addresses in the regions described below:

1.1.9.1 Africa;

1.1.9.2 Asia Pacific;

1.1.9.3 Europe;

1.1.9.4 Latin America/Caribbean; and

1.1.9.5 North America.

1.1.10 Total number of ICANN-Accredited Registrars qualified to submit Domain Name Applications on each day of the Phase 1 Period.

1.1.11 Total number of Domain Names Applications during the Phase 1 Period under the sponsorship of each ICANN-Accredited Registrar.

1.1.12 Total number of registrants requesting the Secure Domain Name Registration Service.

1.1.13 Total number of registrants who requested the Secure Domain Name Registration Service and obtained their requested domain name during the Phase 2-Landrush.

1.1.14 Total number of ICANN-Accredited Registrars permitted to sell the Secure Domain Name Registration Service.

1.1.15 Total number of Secure Domain Name Registration Service registrations under sponsorship of each ICANN-Accredited Registrar.

1.1.16 A summary of the complaints received from Registrars during the Phase 1 Period.

1.1.17 A description of significant technical difficulties encountered in operating during the Phase 1 Period.

1.2 Phase 2 (Landrush) Period Effectiveness–within 120 days after the end of the Phase 2-Landrush Period (as set forth in Appendix J), Registry Operator shall provide the following information and reports to ICANN.

1.2.1 A summary of the complaints received from Registrars during the Phase 2-Landrush Period.

1.2.2 A description of significant technical difficulties in operating during the Phase 2-Landrush Period.

1.2.3 A tabulation, by Registrar, of the terms in years of Phase 2-Landrush registration requests submitted to the random selection .biz domain name processing system.

1.2.4 A tabulation, by registrar, of the terms in years of Phase 2-Landrush registration requests successfully filled by the random selection .biz domain name processing system.

1.3 Dispute Resolution Mechanism–within 120 days after the last day an initial claimant may make a Start-Up Dispute Resolution Policy ("SUDRP") challenge, Registry Operator shall provide the following information and reports to ICANN.

1.3.1 A statement of the total number of challenges submitted under the SUDRP.

1.3.2 A tabulation of the number of names subject to multiple SUDRP challenges (i.e. x names were subject to exactly two challenges, y names were subject to exactly three challenges, etc.).

1.3.3 A statement of how many names sponsored by each Registrar were subject to at least one SUDRP challenge.

1.3.4 A breakdown by country of the registration offered by the domain-name holder of the number of successful and unsuccessful SUDRP challenges.

1.3.5 A statement, broken down by sponsoring registrar, of the number of names involved in challenges where the holder failed to submit any materials after receiving notification of the SUDRP challenge.

1.3.6 A statement, broken down by the region of the holder's address as described below, of the number of names subject to successful SUDRP challenges:

1.3.6.1 Africa;

1.3.6.2 Asia Pacific;

1.3.6.3 Europe;

1.3.6.4 Latin America/Caribbean; and

1.3.6.5 North America.

1.3.7 A statement, broken down by the region of the successful challenger's address as described below, of the number of names subject to successful SUDRP challenges:

1.3.7.1 Africa;

1.3.7.2 Asia Pacific;

1.3.7.3 Europe;

1.3.7.4 Latin America/Caribbean; and

1.3.7.5 North America.

1.3.8 A statement of the number of successful SUDRP challengers that did not register the challenged name, broken down by priority of the challenger (i.e. x first-priority challengers chose not to register the challenged name; y second priority challengers were offered the opportunity to, but did not, register the challenged name, etc.).

1.3.9 A summary of the complaints received from Registrars regarding the SUDRP.

1.3.10 A description of significant technical difficulties encountered in connection with the SUDRP.

1.3.11 Registry Operator's evaluation of the overall effectiveness of the SUDRP.

1.4 Registry Live Effectiveness–within 180 days after the start of the Registry Live Period, Registry Operator shall provide the following information and reports to ICANN.

1.4.1 Total number of domain names granted during Registry Live broken down by ICANN-Accredited Registrar.

1.4.2 Total number of domain names granted during Registry Live broken down by domain name holder having addresses in the regions described below:

1.4.2.1 Africa;

1.4.2.2 Asia Pacific;

1.4.2.3 Europe;

1.4.2.4 Latin America/Caribbean; and

1.4.2.5 North America.

1.4.3 Total number of domain names "on hold" at the Commencement-of-Service Date.

1.4.4 Total initial domain name registration volume by day during Registry Live.

1.4.5 Total initial domain name registration volume by week.

1.4.6 Total initial domain name registration volume during Registry Live with holder addresses in the regions described below:

1.4.6.1 Africa;

1.4.6.2 Asia Pacific;

1.4.6.3 Europe;

1.4.6.4 Latin America/Caribbean; and

1.4.6.5 North America.

1.4.7 Total number of ICANN-Accredited Registrars qualified to submit domain name registrations on day one of the Registry Live Period.

1.4.8 Total number of domain names registered during each month of the Registry live Period under the sponsorship of each ICANN-Accredited Registrar.

1.4.9 A summary of the complaints received from Registrars during the Registry Live Period.

1.4.10 A description of significant technical difficulties encountered in operating during the Registry Live Period.

1.5 Effectiveness of Batch Processing, Random Selections System–within 90 days after the end of the Phase 2-Landrush Period, Registry Operator shall provide the following information and reports to ICANN.

1.5.1 Provide a written report detailing the effectiveness of the batch processing, random selection .biz domain name processing system during the Land Rush Period. Include such items as lessons learned during the process and methods of improvement.

1.5.2 For each round of the random selection .biz domain name processing system, as described in Appendix J:

1.5.2.1 the date on which the merged "qualified" .biz domain name list was created;

1.5.2.2 processing time required to process the "random" domain name list and register the .biz domain name selected during Phase 2-Landrush in the Registry Database;

1.5.2.3 the names of the Registrars from which domain name applications were received;

1.5.2.4 the number of domain name requests received from each registrar;

1.5.2.5 the number of domain names granted for each Registrar during Phase 2-Landrush;

1.5.2.6 the number of domain name requests submitted by each Registrar that were not granted because the domain name was "unavailable or "reserved";

1.5.2.7 a tabulation showing the number of names subject to multiple requests (i.e. x names were subject to exactly two requests, y names were subject to exactly three requests, etc.); and

1.5.2.8 a tabulation showing the number of names subject to multiple requests in each submitted by each Registrar queue (i.e. x names were subject to exactly two requests, y names were subject to exactly three requests, etc.).

1.6 Miscellaneous.

1.6.1 Within 30 days after the anniversary of the Commencement-of-Service Date, provide a tabulation of the number of Phase I Period domain name registrations transferred to another holder during each month after the Commencement-of-Service Date.

1.6.2 Within 30 days after the anniversary of the Commencement-of-Service Date, provide a tabulation of the number of Landrush domain name registrations transferred to another holder during each month after the Commencement-of-Service Date.

1.6.3 Within 30 days of receipt by Registry Operator of any lawsuit concerning the start-up activities in .biz, please identify the lawsuit and provide a copy of the complaint or describe its allegations.

1.6.4 Within 30 days after the anniversary of the Commencement-of-Service Date, provided a tabulation of the number of Registry Live domain name registrations transferred to another holder during each month after the Commencement-of-Service Date.

2. Concept: Procedures for Minimizing Abusive Domain-Name Registration Practices

No later than 180 days after the Commencement-of-Service Date, Registry Operator shall provide to ICANN a Proof-of-Concept Report on Minimizing Abusive Registration Practices, with the following information.

2.1 Provide a written report detailing the effectiveness of the IPN Service in limiting abusive registration practices. Include such items as lessons learned and methods of improvement.

2.2 Provide a written report detailing the effectiveness of the Domain Name Application Fee in limiting abusive registration practices. Include such items as lessons learned and methods of improvement.

2.3 Provide a written report detailing the effectiveness of the Secure Domain Name Registration Service in limiting abusive registration practices. Include such items as lessons learned and methods of improvement.

3. Concept: Introducing a TLD Restricted to Commercial Use as a Means of Effective Competition with a Dominant, Well-Financed TLD Such as .com

No later than one month after each anniversary date after the Commencement-of-Service Date, Registry Operator shall provide to ICANN an Annual Proof-of-Concept Report on Effectiveness of Competition, with the following information:

3.1 Marketing Efforts.

3.1.1 Total Registry Operator expenditures for marketing the .biz TLD, broken down by calendar quarter ending in the year to which the report relates and by the region where the expenditure was made:

3.1.1.1 Africa;

3.1.1.2 Asia Pacific;

3.1.1.3 Europe;

3.1.1.4 Latin America/Caribbean; and

3.1.1.5 North America.

3.1.2 Types of marketing media utilized by Registry Operator, broken down by calendar quarter ending in the year to which the report relates.

3.1.3 Total expenditure for each marketing media provided above, broken down by calendar quarter ending in the year to which the report relates.

3.1.4 (For the first annual report:) Provide a breakdown of marketing expenditures during the Phase 1 Period for the following global regions:

3.1.4.1 Africa;

3.1.4.2 Asia Pacific;

3.1.4.3 Europe;

3.1.4.4 Latin America/Caribbean; and

3.1.4.5 North America.

3.1.5 (For the first annual report:) Provide a breakdown of marketing expenditures during the Phase 2-Landrush Period for the following global regions:

3.1.5.1 Africa;

3.1.5.2 Asia Pacific;

3.1.5.3 Europe;

3.1.5.4 Latin America/Caribbean; and

3.1.5.5 North America.

3.1.6 Total annual marketing expenditure.

3.2 Quarterly Report–Total number of ICANN-Accredited Registrars registering domain names in the TLD

3.2.1 Total number of ICANN-Accredited Registrars authorized to register domain names in the .biz TLD broken down on a quarterly basis (include a geographic breakdown by global region).

3.2.2 Total number of new ICANN-Accredited Registrars authorized to register domain names in the .biz TLD broken down on a quarterly basis (include a geographic breakdown by global region).

3.2.3 Total number of ICANN-Accredited Registrars authorized to register domain names in the .biz TLD that were terminated broken down on a quarterly basis (include a geographic breakdown by global region).

3.2.4 Describe the reason for each termination listed above.

3.2.5 Total number of registrations under management by each ICANN-Accredited Registrar, broken down on a quarterly basis.

3.3 Number of initial registrations during each calendar month ending in the year to which the report relates.

3.4 Number of renewals during each calendar month ending in the year to which the report relates.

3.5 Number of registration transfers during each calendar month ending in the year to which the report relates.

3.6 Provide the Geographic breakdown of registrants by global region:

3.6.1 Africa;

3.6.2 Asia Pacific;

3.6.3 Europe;

3.6.4 Latin America/Caribbean; and

3.6.5 North America.

3.7 Total domain name registrations expiring and not renewed during each calendar month ending in the year to which the report relates.

3.8 Average term of new registrations during each calendar month ending in the year to which the report relates.

3.9 Average term of renewals during each calendar month ending in the year to which the report relates.

4. Concept: Adding a TLD Restricted to Commercial Use Will Result in an Expansion and Globalization of the Effective Namespace, Rather than Wasteful Duplication of Registrations

Landrush Report–within 90 days after the end of the Phase 2 - Landrush Period, Registry Operator shall provide to ICANN an "Expansion of the DNS" report with the following elements:

4.1 Total number of duplicate registrations (i.e. same name) with each of the following TLDs during Landrush Period:

4.1.1 .com;

4.1.2 .net;

4.1.3 .org;

4.1.4 .de; and

4.1.5 .co.uk.

4.2 An estimate of the percentage of such duplicate registrations registered to the same holder. (e.g., example .biz and example.com registered to the same holder).

4.3 The estimated percentage of such duplicate registrations sharing at least one nameserver with respect to each of the five domains listed in 3.1.1 to 3.1.5.

4.4 Total number of domain names under management during the Phase 2 - Landrush Period with holder addresses in the regions described below:

4.4.1 Africa;

4.4.2 Asia Pacific;

4.4.3 Europe;

4.4.4 Latin America/Caribbean; and

4.4.5 North America.

4.5 Number of ICANN-Accredited Registrars, broken down by global region, registering domain names during the Phase 2 - Landrush Period:

4.5.1 Africa;

4.5.2 Asia Pacific;

4.5.3 Europe;

4.5.4 Latin America/Caribbean; and

4.5.5 North America.

Annual Reports–No later than one month after each anniversary date after the Commencement-of-Service Date, Registry Operator shall provide to ICANN an "Expansion of the DNS" report with the following elements:

4.6 Total number of duplicate registrations (i.e. same name) with each of the following TLDs at the end of each calendar month ending in the year to which the report relates.

4.6.1 .com;

4.6.2 .net;

4.6.3 .org;

4.6.4 .de; and

4.6.5 .co.uk.

4.7 An estimate of the percentage of such duplicate registrations registered to the same holder.

4.8 The percentage of such duplicate registrations sharing at least one nameserver with respect to each of the five domains listed in 3.6.1 to 3.6.5.

4.9 Total number of domain names under management Post Landrush Period on a quarterly basis with holder addresses in the regions described below:

4.9.1 Africa;

4.9.2 Asia Pacific;

4.9.3 Europe;

4.9.4 Latin America/Caribbean; and

4.9.5 North America.

4.10 Number of ICANN-Accredited Registrars, broken down by global region, registering domain names during the Post Landrush Period:

4.10.1 Africa;

4.10.2 Asia Pacific;

4.10.3 Europe;

4.10.4 Latin America/Caribbean; and

4.10.5 North America.

5. Concept: Registry Services Can Effectively Be Provided by a Jointly Managed Registry Operator

5.1 Ability to Effectively Operate the Registry. Annual Report–No later than one month after each anniversary date after the Commencement-of-Service Date, Registry Operator shall provide to ICANN a Joint Management Registry Report with the following elements:

5.1.1 Total number of registrations under management during each calendar month ending in the year to which the report relates.

5.1.2 Total number of ICANN-Accredited Registrars registering domain-names in the Registry TLD during each calendar month ending in the year to which the report relates.

5.1.3 Total amount of SLE Credits to ICANN-Accredited Registrars during each calendar month ending in the year to which the report relates.

5.1.4 Total SLE Credits awarded to each ICANN-Accredited during each calendar month ending in the year to which the report relates.

5.1.5 Provide a breakdown of the SLE Credits awarded to ICANN-Accredited Registrars for the following Credit Classes:

5.1.5.1 C1a Credit Class;

5.1.5.2 C1b Credit Class;

5.1.5.3 C2 Credit Class;

5.1.5.4 C3 Credit Class; and

5.1.5.5 C4 Credit Class.

5.2 Ability to Attract and Maintain Registrars–within 180 days after the Commencement-of-Service Date, Registry Operator shall provide the following information and reports to ICANN.

5.2.1 Total number of ICANN-Accredited Registrars who participated in the Registry start-up-phase technical acceptance test.

5.2.2 Total number of ICANN-Accredited Registrars who failed the start-up-phase technical acceptance test.

5.2.3 Total number of ICANN-Accredited Registrars re-tested in the start-up-phase technical acceptance test.

5.2.4 A summary of complaints received from ICANN-Accredited Registrars regarding the start-up-phase technical acceptance test.

5.2.5 Provide a written report detailing the effectiveness of the start-up-phase technical acceptance test. Include such items as lessons learned and methods of improvement.

5.2.6 Total number of ICANN-Accredited Registrars who participated in the XRP Acceptance Test.

5.2.7 Total number of ICANN-Accredited Registrars who failed the XRP Acceptance Test.

5.2.8 Total number of ICANN-Accredited Registrars re-tested for the XRP Acceptance Test.

5.2.9 A summary of complaints received from Registrars regarding the XRP Acceptance Test.

5.2.10 Provide a written report detailing the effectiveness of the XRP acceptance test. Include such items as lessons learned and methods of improvement.

6. Concept: Mechanisms for Ensuring that all Registrars Are Treated Fairly

Annual Reports–No later than one month after each anniversary date after the Commencement-of-Service Date, Registry Operator shall provide to ICANN a Fair-Treatment Report with the following elements:

6.1 A description of every known violation or alleged violation of the Code of Conduct during each calendar month ending in the year to which the report relates.

6.2 Total number of complaints received by Registry Operator from registrars regarding services provided by Registry Operator.

6.2.1 Identify and categorize the types of complaints received from registrars.

6.2.2 List corrective actions, if any, in response to the categorized complaints.

6.3 Total number of ICANN-Accredited Registrars restricted from further registrations for non-payment of registration fees.

7. Concept: Use of Centralized Registry-Level Whois to Enhance Transparency and Accountability in Domain-Name Registrations

Annual Reports - No later than three months after each anniversary date after the Commencement-of-Service Date, Registry Operator shall provide to ICANN a Whois Report with the following elements:

7.1 Total number of complaints received from registrants regarding Whois information during each calendar month ending in the year to which the report relates.

7.2 Total number of complaints received from ICANN-Accredited Registrars regarding Whois service during each calendar month ending in the year to which the report relates.

7.3 Total number of complaints received from third parties regarding Whois information during each calendar month ending in the year to which the report relates.

7.4 (For the first annual report:) Total initial query volume during the Phase 2 - Landrush Period.

7.5 Total number of queries during each calendar month ending in the year to which the report relates.

7.6 Enhanced Whois Services:

7.6.1 Total number of subscribers (include a geographic breakdown by country and global region).

7.6.2 Total number of queries during each calendar month ending in the year to which the report relates.

7.6.3 Total number of queries broken down by subscriber during each calendar month ending in the year to which the report relates.

7.7 Privacy Complaints:

7.7.1 Total number of complaints relating to privacy issues during each calendar month ending in the year to which the report relates.

7.7.2 Identify and categorize types of privacy complaints.

8. Concept: Capital Requirements in Operating a TLD Restricted to Commercial Use

Annual Reports–No later than one month after each anniversary date after the Commencement-of-Service Date, Registry Operator shall provide to ICANN a Funding Requirements Report with the following elements:

8.1 Total expenditures during the Phase 1.

8.2 Total expenditures during Phase 2 Land Rush Period.

8.3 Total expenditures during Phase 3 Registry Live on a quarterly basis.

8.4 Breakdown of expenditures for the following categories:

8.4.1 Marketing;

8.4.2 Software; and

8.4.3 Hardware.

8.5 Provide a list of the employee positions hired during the following periods:

8.5.1 Pre-Phase 1 Period;

8.5.2 Phase 1 Period;

8.5.3 Phase 2 Landrush Period; and

8.5.4 Phase 3 Registry Live on a quarterly basis.

9. Concept: Registration Restrictions Can Be Implemented by a Registry Operator in a Cost Effective and Timely Manner

9.1 SUDRP/UDRP Proceedings–within 165 days after the Commencement-of-Service Date, Registry Operator shall provide an initial report with the following information and reports to ICANN. Thereafter, no later than one year after the anniversary date of the initial report, Registry Operator shall provide the following information and reports to ICANN.

9.1.1 A statement of the total number of Start-Up Dispute Resolution Policy ("SUDRP") and/or UDRP challenges filed.

9.1.2 A tabulation of the number of names subject to multiple SUDRP and/or UDRP challenges (i.e., x names were subject to exactly two challenges, y names were subject to exactly three challenges, etc.).

9.1.3 A statement of how many names sponsored by each Registrar were subject to at least one SUDRP and/or UDRP challenge.

9.1.4 A breakdown by country of the registration offered by the domain-name holder of the number of successful and unsuccessful SUDRP and/or UDRP challenges.

9.1.5 A statement, broken down by sponsoring Registrar, of the number of names involved in SUDRP and/or UDRP challenges where the holder failed to submit any materials after notification of challenge.

9.1.6 A statement, broken down by the region of the holder's address as described below, of the number of names subject to successful SUDRP and/or UDRP challenges:

9.1.6.1 Africa;

9.1.6.2 Asia Pacific;

9.1.6.3 Europe;

9.1.6.4 Latin America/Caribbean; and

9.1.6.5 North America.

9.1.7 A statement, broken down by the region of the successful challenger's address as described below, of the number of names subject to successful SUDRP and/or UDRP challenges:

9.1.7.1 Africa;

9.1.7.2 Asia Pacific;

9.1.7.3 Europe;

9.1.7.4 Latin America/Caribbean; and

9.1.7.5 North America.

9.1.8 A statement of the number of successful SUDRP and/or UDRP challengers that did not register the challenged name, broken down by priority of the challenger (i.e. x first-priority challengers chose not to register the challenged name; y second priority challengers were offered the opportunity to, but did not, register the challenged name, etc.).

9.1.9 A summary of the complaints received from Registrars regarding the SUDRP.

9.2 Registrations Restrictions–within 165 days after the Commencement-of-Service Date, Registry Operator shall provide the following information and reports to ICANN. Thereafter, no later than one year after the anniversary date of the initial report, Registry Operator shall provide the following information and reports to ICANN.

9.2.1 A statement of the total number of Restriction Dispute Resolution Policy ("RDRP") Challenges filed.

9.2.2 A tabulation of the number of names subject to multiple RDRP challenges (i.e., x names were subject to exactly two challenges, y names were subject to exactly three challenges, etc.).

9.2.3 A statement of how many names sponsored by each Registrar were subject to at least one RDRP challenge.

9.2.4 A breakdown by country of the registration offered by the domain-name holder of the number of successful and unsuccessful RDRP challenges.

9.2.5 A statement, broken down by sponsoring Registrar, of the number of names involved in RDRP challenges where the holder failed to submit any materials after notification of challenge.

9.2.6 A statement, broken down by the region of the holder's address as described below, of the number of names subject to successful RDRP challenges:

9.2.6.1 Africa;

9.2.6.2 Asia Pacific;

9.2.6.3 Europe;

9.2.6.4 Latin America/Caribbean; and

9.2.6.5 North America.

9.2.7 A statement, broken down by the region of the successful challenger's address as described below, of the number of names subject to successful RDRP challenges:

9.2.7.1 Africa;

9.2.7.2 Asia Pacific;

9.2.7.3 Europe;

9.2.7.4 Latin America/Caribbean; and

9.2.7.5 North America.

9.2.8 A statement of the number of successful RDRP challengers that did not register the challenged name, broken down by priority of the challenger (i.e. x first-priority challengers chose not to register the challenged name; y second priority challengers were offered the opportunity to, but did not, register the challenged name, etc.).

9.2.9 A statement, broken down by sponsoring Registrar, of the number of names forfeited on the basis that the name was registered solely for the purpose of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation.

9.2.10 A summary of the complaints received from Registrars regarding the RDRP.

9.2.11 A description of significant technical difficulties encountered in connection with the RDRP resolution.

9.2.12 Registry Operator's evaluation of the overall effectiveness of the RDRP adopted for the Registry TLD.

9.2.13 Registry Operator's evaluation of the overall effectiveness of each dispute resolution policy adopted by the Registry TLD described below:

9.2.13.1 SUDRP;

9.2.13.2 RDRP; and

9.2.13.3 UDRP.

10. Commercially Reasonable Efforts and Review

Many of the reports to be provided by Registry Operator require access to data to which Registry Operator may not be privy or which may not be reasonably available to Registry Operator. Recognizing the importance of the proof of concept:

10.1 Registry Operator shall use commercially reasonable efforts to obtain all necessary data and complete the required reports as set forth in this Appendix; and

10.2 In the event Registry Operator is unable through commercially reasonable efforts to obtain the requisite data to complete the required reports or the compilation of a specific report proves unreasonably costly, ICANN shall, to the fullest extent possible, assist Registry Operator and/or the Registry community in obtaining or coordinating efforts to obtain the data, or alternative data (including as appropriate data of reduced scope) useful in connection with the proof of concept, in a less costly way.

11. Confidentiality

The reports provided by Registry Operator as described in this Appendix shall be subject to confidentiality restrictions according to categories described in the following table:

ICANN will use commercially reasonable efforts to prevent public disclosure prior to the times described in the table above.

Registry Operator shall clearly label all reports and information provided pursuant to this Appendix with the appropriate confidentiality category prior to submission to ICANN.

The following table sets forth, for each item in each report, the confidentiality category (CC) that applies to it:

Earlier draft:

27 April 2001