2002-01 - Registrar Accreditation Application Form - Clarification of Paragraph 5.3

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Policy No: 2002-01
Publication Date: 22/03/2002
Status: Replaced by Policy No 2002-19

1. BACKGROUND

1.1 This document clarifies paragraph 5.3 of the auDA Registrar Accreditation Application Form (Published: 5 November 2001), which is intended for applicants who wish to be accredited by .au Domain Administration Ltd (auDA) to provide registrar services in the open .au Second Level Domains (2LDs).

1.2 Paragraph 5.3 of the auDA Registrar Accreditation Application Form reads as follows:

"Until you have received a fully executed copy of the Registrar Agreement from auDA, you will not:

a) act or hold yourself out as an auDA Accredited Registrar;

b) provide or offer to provide, or state or imply that you are authorised to provide, any Registrar services within the .au open 2LDs;

c) identify yourself as an "auDA Accredited Registrar" or by any term suggesting similar reference, or use directly or indirectly, in any manner whatsoever auDA's name or any trade or other identifying mark owned or used by auDA."

2. MEANING OF PARAGRAPH 5.3

2.1 auDA is committed to encouraging ethical practices by the domain name industry in its dealings with registrants. To that end, auDA has issued an Interim Code of Practice for Registrars and Resellers (Published: 3 October 2001) as a pre-cursor to a final Code of Practice, currently being developed by the industry itself. auDA has encouraged all members of the industry, in particular all Provisionally Accredited Registrars, to abide by the Interim Code of Practice.

2.2 It has come to auDA's attention that certain Provisionally Accredited Registrars are using that fact of their Provisional Accreditation in their promotional material, but have not agreed to abide by the Interim Code of Practice. It is auDA's view that these companies are using their Provisional Accreditation and an implied association with auDA in a manner that is inconsistent with paragraph 5.3 of the auDA Registrar Accreditation Application Form.

2.3 Therefore, auDA has issued this document to clarify that paragraph 5.3 requires that all Provisionally Accredited Registrars who wish to use the fact of their Provisional Accreditation in their promotional material, must abide by the Interim Code of Practice.