[Gnso-newgtld-wg] proposed Language for those Getting Applicant Support

[Mike Rodenbaugh]

Five years seems like an eternity.  How about two or three, instead?

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Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com

phone:

+1 (415) 738-8087


On Mon, Jun 8, 2020 at 11:43 AM Jeff Neuman <jeff.neuman at comlaude.com>
wrote:

> All,
>
>
>
> On the call today, Susan raised a good point about applicants that get
> Applicant Support trying to “game the system” by immediately flipping their
> registries to a third party to make a profit.  Although we would hope that
> those that take the time to go through the Applicant Support Program (ASP)
> and get approved would alone demonstrate that this is unlikely to happen.
> The process to get support is supposed to be vigorous and try to root out
> potential gaming.  That said, I worked with Susan to draft the following
> language.  Would this be acceptable as a Recommendation?
>
>
>
> *“If the Applicant getting Applicant Support prevails in an auction, there
> should be restrictions placed on the Applicant from assigning the Registry
> Agreement, and/or from any Change of Control for a period of no less than
> five (5) years.  This restriction is in place to prevent gaming of the
> applicant support program whereby an applicant immediately transfers its
> ownership of a registry to a third party in exchange for any form of
> financial gain.  However, legitimate assignments (e.g., changing of
> ownership due to death or retirement, etc., assignments to subsidiaries,
> etc.).  All assignments must have ICANN's consent, which consent may be
> reasonably withheld. In the event of a change of control after the first
> five (5) years but during the remaining first term of the registry
> agreement, the applicant should be required to repay the financial support
> that they received.”*
>
>
>
> *Note:  We would add this to Agreements for all that get Applicant
> Support, not just those that prevail at an auction (with the multiplier or
> other form of bid credit).*
>
>
>
> Discuss………..
>
>
>
> *Jeff Neuman*
>
> Senior Vice President
>
>
>
>
> *Com Laude | Valideus *1751 Pinnacle Drive
>
> Suite 600, McLean
>
> VA 22102, USA
>
>
> M: +1.202.549.5079
>
> D: +1.703.635.7514
>
> E: *jeff.neuman at comlaude.com <jeff.neuman at comlaude.com>*
> www.comlaude.com
>
>
>
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