Thank you, Darcy. 

For background, the definition of Affiliated [Service] Provider was meant to refer to Service Providers affiliated with Service Providers, not Service Providers affiliated with Registrars. However, in looking at the agreement, we may be able to simplify the definitions section by keeping the current definition of “Affiliate” and removing the definitions of “Affiliated [Service] Provider” and “Affiliated Registrar”.  Within the PPAA, the terms Affiliated [Service] Provider and Affiliated Registrar are referenced, almost exclusively, together. 

The two instances where Affiliated Registrar is referred to independently are:

• Section 3 of the Customer Data Accuracy Program Specification, which provides: “Provider is not required to perform the above validation and verification procedures in Section 1(a) through 1(f) above, if Provider or an Affiliated Registrar has already successfully completed the validation and verification procedures on the identical contact information and neither Provider or such Registrar is in possession of facts or knowledge of circumstances that suggest that the information is no longer valid”; and
• Section 4 of the Data Retention Specification, which provides: “If (i) ICANN has previously waived compliance with the requirements of any requirement of the data retention specification set forth in a Registrar Accreditation Agreement that is based on the 2013 Registrar Accreditation Agreement (or any successor to such agreement that is approved by ICANN’s Board of Directors) in response to a waiver request from an Affiliated Registrar pursuant to such Affiliated Registrar’s Registrar Accreditation Agreement that is located in the same jurisdiction as Provider and (ii) Provider is subject to the same applicable law that gave rise to ICANN’s agreement to grant such waiver, Provider may request that ICANN grant a similar waiver, which request shall be approved by ICANN unless ICANN provides Provider with a reasonable justification for not approving such request, in which case Provider may thereafter make a Waiver Request pursuant to Section 2 of this Data Retention Specification.”

If we just keep the Affiliate definition, the term “Affiliate” would still enable the Provider to forego validation/verification when an Affiliate has already validated or verified and to forego submitting a data retention waiver request when an Affiliate already has an approved waiver.

Please let us know what you think.

Kind regards,

Caitlin

From: Gdd-gnso-ppsai-impl <gdd-gnso-ppsai-impl-bounces@icann.org> on behalf of Darcy Southwell <darcy.southwell@endurance.com>
Reply-To: "gdd-gnso-ppsai-impl@icann.org" <gdd-gnso-ppsai-impl@icann.org>
Date: Tuesday, December 12, 2017 at 7:33 AM
To: "gdd-gnso-ppsai-impl@icann.org" <gdd-gnso-ppsai-impl@icann.org>
Subject: [Gdd-gnso-ppsai-impl] Suggested Definitions for 1.4 & 1.5

These are the revised definitions I would propose from today's meeting regarding Affiliate Provider and Affiliated Registrar:

1.3 “Affiliate” means a Person that, directly or indirectly, through one or more intermediaries, Controls, is controlled by, or is under common control with, the Person specified.

1.4 "Affiliated Service Provider" is a Service Provider that is an Affiliate of a Registrar.

1.5. "Affiliated Registrar" is a Registrar that is an Affiliate of a Service Provider."

1.37 “Service Provider” means a Person that provides Privacy Services or Proxy Services, who that has been Accredited and entered into an agreement with ICANN substantially similar to this Agreement.

Thanks,

Darcy

__________

Darcy Southwell | Compliance Officer

M: +1 503-453-7305 │ Skype: darcy.enyeart