_______________________________________________Again, this was the point of the language I drafted which is buried down the chain...""Registry Operator hereby represents and warrants that all material information provided, and all statements made, in its registry TLD application and throughout the application process, were true, correct, and not misleading in any material respect; and, except as expressly disclosed in writing to ICANN, Registry Operator has complied in all material respects with the terms and conditions of the Applicant Guidebook, including its incorporated requirements and obligations.”"On 9/25/2025 10:24:44 AM, trachtenbergm--- via SubPro-IRT <subpro-irt@icann.org> wrote:
+1
Best regards,
Marc H. Trachtenberg
ShareholderChair, Internet, Domain Name, e-Commerce and Social Media Practice
Greenberg Traurig, LLPAspen Chicago
411 E. Main Street 360 North Green Street
Suite 207 | Aspen, CO 81611 Suite 1300 | Chicago, IL 60607
T +1 970.300.5313 T +1 312.456.1020
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trac@gtlaw.com | www.gtlaw.com | View GT Biography
From: Katrin Ohlmer | DOTZON GmbH via SubPro-IRT <subpro-irt@icann.org>
Sent: Thursday, September 25, 2025 9:12:54 AM
To: Justine Chew <justine.chew.icann@gmail.com>; Pruis, Elaine <epruis@verisign.com>
Cc: Next Round Policy Implementation via SubPro-IRT <subpro-irt@icann.org>
Subject: [SubPro-IRT] Re: Non-Compliance of Terms and Conditions*EXTERNAL TO GT*
+1
BG Katrin
DOTZON GmbH – creating identities
Akazienstrasse 28
10823 Berlin
Deutschland - Germany
Mobile: +49 173 2019240
ohlmer@dotzon.consulting
www.dotzon.consultingDOTZON GmbH
Registergericht: Amtsgericht Berlin-Charlottenburg, HRB 118598
Geschäftsführer: Katrin Ohlmer
Sitz der Gesellschaft: Akazienstrasse 28, 10823 Berlin
Von: Justine Chew via SubPro-IRT <subpro-irt@icann.org>
Gesendet: Donnerstag, 25. September 2025 16:04
An: Pruis, Elaine <epruis@verisign.com>
Cc: Next Round Policy Implementation via SubPro-IRT <subpro-irt@icann.org>
Betreff: [SubPro-IRT] Re: Non-Compliance of Terms and Conditions
Agree. It should be from the time of application submission up to execution of the RA and should include whatever is amended or revised by way of any ICANN acceptance (for non material changes) or approved application change request (for material changes).
Kind regards,
Justine
---------
On Thu, 25 Sept 2025, 21:58 Pruis, Elaine via SubPro-IRT, <subpro-irt@icann.org> wrote:
Why when the AGB is published and not when the applicant accepts the terms and conditions during the application process?
Elaine
From: Anne ICANN via SubPro-IRT <subpro-irt@icann.org>
Reply-To: Anne ICANN <anneicanngnso@gmail.com>
Date: Thursday, September 25, 2025 at 6:29 AM
To: Jeff Neuman <jeff@jjnsolutions.com>
Cc: "subpro-irt@icann.org" <subpro-irt@icann.org>
Subject: [EXTERNAL] [SubPro-IRT] Re: Non-Compliance of Terms and Conditions
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Hi all. I cannot attend today's meeting and will catch up on Zoom. However, I would suggest the following change:
The latest draft notes in Section 1.3(a) that the Registry Operator represents and warrants that “all material information provided and statements made in the registry TLD application, and statements made in writing during the negotiation of this Agreement, were true and correct in all material respects as of the date of issuance of the AGB and extending through the time such statements were made […]”. The RA subsequently establishes that if such information was false or materially misleading, this would constitute a breach of warranty. Section 4.3 of the Registry Agreement sets out ICANN’s remedies in the event of such a breach, which expressly include the right to terminate the Registry Agreement, in addition to other contractual sanctions.
Anne
On Wed, Sep 24, 2025 at 3:37 PM Jeff Neuman via SubPro-IRT <subpro-irt@icann.org> wrote:
Thanks Lars, but not completely. The TLD Application is submitted as of a date certain....lets say for argument sake July 31, 2026. There is no real negotiation of the Agreement, so lets say the Agreement is signed in July 2027. The warranty does not cover the period between July 2026 through July 2027 (when presumably the activity we are concerned about occurs).
Not to be your lawyer, but it should say something like the following:
"Registry Operator hereby represents and warrants that all material information provided, and all statements made, in its registry TLD application and throughout the application process, were true, correct, and not misleading in any material respect; and, except as expressly disclosed in writing to ICANN, Registry Operator has complied in all material respects with the terms and conditions of the Applicant Guidebook, including its incorporated requirements and obligations.”
On 9/24/2025 5:49:13 PM, Lars Hoffmann via SubPro-IRT <subpro-irt@icann.org> wrote:
Dear IRT members,
One of the outstanding items concerns the potential consequences for applicants who may have violated theProgram’s Terms and Conditions, but whose non-compliance only surfaces after the execution of their Registry Agreement (see recording from 11 September). Those who spoke out agreed that ICANN should retain the ability to sanction registry operators in such circumstances, including the possibility of termination of the Registry Agreement.
The latest draft notes in Section 1.3(a) that the Registry Operator represents and warrants that “all material information provided and statements made in the registry TLD application, and statements made in writing during the negotiation of this Agreement, were true and correct in all material respects at the time made […]”. The RA subsequently establishes that if such information was false or materially misleading, this would constitute a breach of warranty. Section 4.3 of the Registry Agreement sets out ICANN’s remedies in the event of such a breach, which expressly include the right to terminate the Registry Agreement, in addition to other contractual sanctions.
We believe this comprehensively addresses the concerns raised by the group.
Best. Lars
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