Sunrise Challenge Policy (Revised)

[This revised version of the Policy was posted November 20, 2001, persuant to the Policy Modification provisions (see paragraph 7), and after approval by ICANN.]

1. Purpose. This Sunrise Registration Challenge Policy (the "Policy") has been adopted by Afilias. The Policy applies to domain names originally created during the Sunrise Registration Period, which began on July 25, 2001 and ended on August 31, 2001, including any subsequent transfers of such names under this policy. It is incorporated by reference into the <.info> Registration Agreement (the "Registration Agreement"). It sets forth the terms and conditions in connection with a dispute between you (as the registrant) and any party other than us (as the registrar) or the registry operator for the <.info> top-level domain (the "Registry") regarding the compliance of your registration of a second-level domain name (the "Domain Name") with the sunrise registration conditions set forth in the Registration Agreement. However, the Registry reserves the right to bring, after the conclusion of the Sunrise Challenge Period, a Challenge of Last Resort in connection with Sunrise registrations appearing to be made in violation of the sunrise registration conditions.

Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Sunrise Registration Challenge Policy (the "Rules"), which are available at http://www.afilias.info .

2. Your Representations. By applying to register a Domain Name in accordance with the Sunrise registration conditions of the Registration Agreement, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) the registration of the Domain Name complies with the sunrise registration conditions set forth in the Registration Agreement; (c) to your knowledge, the Domain Name will not infringe upon or otherwise violate the rights of any third party; (d) you are not registering the Domain Name for an unlawful purpose; and (e) you will not knowingly use the Domain Name in violation of any applicable laws or regulations. It is your responsibility to determine whether your Domain Name registration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to a domain name registration that is subject to this Policy under the following circumstances:

a. subject to the provisions of Paragraph 6, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action; and/or

b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

c. our receipt of a decision requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by Afilias.

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of the Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be administered by the World Intellectual Property Organization Arbitration and Mediation Center (the "Center").

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (the "Challenger") asserts to the Center, in compliance with the Rules, that:

(i) at the time of your registration of the Domain Name, no current (non-expired) trademark or service mark registration was issued in your name; 1 or

(ii) the Domain Name is not identical to the textual or word elements of the trademark or service mark registration on which the registration of your Domain Name is based; 2 or

(iii) the trademark or service mark registration on which the registration of your Domain Name is based is not of national effect; 3 or

(iv) the trademark or service mark registration on which the registration of your Domain Name was based did not issue prior to October 2, 2000.

All challenges under this Policy (except the Challenge of Last Resort) must be submitted to the Center not later than one hundred and twenty (120) days after the conclusion of the Sunrise Registration Period, which is 23:59 UTC, December 26, 2001.

b. Challenger's Compliance with the Sunrise Registration Conditions. A Challenger seeking transfer of the Domain Name is required to demonstrate, as part of the administrative proceeding and as a condition for such transfer, the Challenger's compliance with the Sunrise registration conditions.

c. How to Demonstrate Compliance with the Sunrise Registration Conditions. To demonstrate compliance with the Sunrise registration conditions, a Party must submit, as further specified in the Rules, an original or a certified copy of a trademark or service mark certificate establishing that:

(i) at the time of the registration of the Domain Name, a trademark or service mark was registered in the name of the Party, and was current (non-expired), as evidenced by the date(s) set forth in the certificate itself; 4 and

(ii) the textual or word elements of the trademark or service mark registration are identical to the Domain Name; 5 and

(iii) the trademark or service mark registration is of national effect; 6 and

(iv) the trademark or service mark registration was issued prior to October 2, 2000.