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Applicant Support Program Terms and Conditions

Please find below the Terms & Conditions which applicants must accept when submitting an Applicant Support Program (ASP) application through the ASP system.

Terms and Conditions

Final Version: 6 November 2024

New gTLD Program: Next Round - Applicant Support Program

By submitting this application for financial and non-financial support through the New gTLD Program: Next Round Applicant Support Program (the "Applicant Support Program") to ICANN through ICANN's online interface or other designated mechanism (this "ASP Application"), applicant (including all parent companies, subsidiaries, affiliates, agents, contractors, employees and any and all others acting on its behalf) (collectively, "Applicant") agrees to the following terms and conditions (these "Terms and Conditions") without modification. Applicant understands and agrees that these Terms and Conditions are binding on Applicant and are a material part of this ASP Application.

  1. Applicant warrants that the statements and representations contained in this ASP Application (including any documents or written materials submitted in connection with the Application) are true, accurate, and complete in all material respects as of the date hereof and, as supplemented pursuant to this Section 1, throughout the application process, and that ICANN may rely on those statements and representations fully in evaluating this ASP Application. Applicant acknowledges that any material misstatement or misrepresentation (or omission of material information) may cause ICANN and the evaluators to reject this ASP Application. Applicant agrees to promptly (and in any event within 7 days of becoming aware of any fact or circumstance giving rise to such obligation to notify) notify ICANN in writing of any material inaccuracies or material changes in any information, documents or written materials submitted in connection with this ASP Application that could impact the results of the evaluation of this ASP Application.

  2. Applicant warrants that it is duly organized, validly existing and in good standing (where such concept exists) under the laws of the jurisdiction under which it is organized, and Applicant has the requisite organizational power and authority to submit this ASP Application on behalf of Applicant, and is able to make all agreements, representations, waivers, and understandings stated in these Terms and Conditions and to comply with the requirements of the New gTLD Program: Next Round Applicant Support Program Handbook (the "Handbook").

    Applicant further warrants that no one involved in the ownership, operation, or control of Applicant, including without limitation its members, shareholders, partners, governing board, officers, and employees or any of their family members, are a disqualified person (as defined in Section 4958 of the U.S. Internal Revenue Code and related regulations) of ICANN or listed in ICANN's Form 990, Schedule J. The "family members" of an individual shall include only his or her brothers and sisters (whether by the whole or half-blood), spouse (other than a spouse who is legally separated from the individual under a decree of divorce or separate maintenance), parents, grandparents, children, grandchildren, in-laws; or any of these in a step relationship or through legal adoption.

  3. Applicant acknowledges that the Applicant Support Program is a component of ICANN's New gTLD Program, but that Applicant's application under the Applicant Support Program does not constitute an application for a new gTLD. Applicant further acknowledges and agrees that ICANN has the right to determine not to proceed with any and all applications for new gTLDs, and that there is no assurance that any additional gTLDs will be created. The decision to review, consider, and approve an application to establish one or more gTLDs and to delegate new gTLDs after such approval is entirely at ICANN's discretion. Further, the decision to review, consider, and approve any application submitted to the Applicant Support Program is entirely at ICANN's discretion, and ICANN is under no obligation to award assistance via the Applicant Support Program.

    Applicant acknowledges that any approval for financial and non-financial support through the Applicant Support Program does not constitute approval of Applicant's ultimate application for a new gTLD in the New gTLD Program. Applicant also acknowledges that the final Applicant Guidebook for the New gTLD Program is still being developed and that qualifying for applicant support through the Application Support Program will neither be considered an endorsement of the Applicant's ultimate New gTLD Program application nor assures that such Applicant will be ultimately qualified or eligible for a new gTLD or awarded a new gTLD. Furthermore, Applicant acknowledges that being awarded financial or other support pursuant to the Applicant Support Program in no way assures the Applicant of being able to satisfy the criteria established by the New gTLD Program to operate a new gTLD.

  4. While there is no fee to apply to the Applicant Support Program, Applicant acknowledges that the intent of the Applicant Support Program is to make the New gTLD Program evaluation fees and processes accessible to entities that would like to operate a gTLD but would otherwise be unable to apply to the New gTLD Program because of financial and resource constraints consistent with the purpose of the Applicant Support Program as described in Section 1.2 of the Handbook. By accepting support in the Applicant Support Program, Applicant agrees to support, and take no action to contravene, the purpose of the Applicant Support Program as described in Section 1.2 of the Handbook as well as the policies and guidance developed through ICANN's policy development process and approved by the Board.

    The Applicant Support Program is not intended to provide support to (a) applying entities that were created by, or that are an affiliate of existing gTLD Registry Operators or prospective applicants to the New gTLD Program that would not meet the criteria of the Applicant Support Program (as defined in Section 4.2 of the Handbook), or (b) have sufficient ongoing funding or investment from other sources. If Applicant is found to have abused the intent of the Applicant Support Program, Applicant may be excluded from participation in the New gTLD Program entirely.

    Applicant acknowledges that ICANN may request, at any time (including after completion of the Phase 2 SARP evaluation), that Applicant verify continued eligibility to receive further financial support (as outlined in Section 6.6 of the Handbook) consistent with the purpose of the Applicant Support Program as described in Section 1.2 of the Handbook as well as the policies and guidance developed through ICANN's policy development process and approved by the Board. ICANN reserves the right to request from Applicant financial and other information necessary to verify eligibility to continue to receive future financial support, and Applicant agrees to provide such information upon ICANN's request.

    Before submitting this Application to participate in the Applicant Support Program, Applicant should carefully review the goals and eligibility requirements for the Applicant Support Program set forth in the Handbook to determine whether Applicant meets such criteria.

  5. Applicant shall indemnify, defend, and hold harmless ICANN, and any ICANN affiliates, subsidiaries, directors, officers, employees, consultants, evaluators, and agents, (collectively, the "ICANN Affiliated Parties") from and against any and all third-party claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses, arising out of or relating to: (a) ICANN's or an ICANN Affiliated Party's consideration of this Application, and any approval, rejection, or withdrawal of this Application; and/or (b) ICANN's or an ICANN Affiliated Party's reliance on information provided by Applicant in this ASP Application and Applicant's representations and warranties herein.
  6. Applicant hereby releases ICANN and the ICANN Affiliated Parties from any and all claims by Applicant that arise out of, are based upon, or are in any way related to, any action, or failure to act, by ICANN or any ICANN Affiliated Party with respect to this Application including in connection with ICANN's or an ICANN Affiliated Party's review of this ASP Application, investigation or verification, any characterization or description of Applicant or the information in this ASP Application, any withdrawal of this ASP Application or the decision by ICANN to recommend, or not to recommend, the approval of the ASP Application. APPLICANT AGREES NOT TO CHALLENGE, IN COURT OR IN ANY OTHER JUDICIAL FORA, ANY DECISION MADE BY ICANN WITH RESPECT TO THIS ASP APPLICATION, AND IRREVOCABLY WAIVES ANY RIGHT TO SUE OR PROCEED IN COURT OR ANY OTHER JUDICIAL FORA ON THE BASIS OF ANY OTHER LEGAL CLAIM AGAINST ICANN AND ICANN AFFILIATED PARTIES WITH RESPECT TO THE ASP APPLICATION. APPLICANT ACKNOWLEDGES AND ACCEPTS THAT APPLICANT'S NON-ENTITLEMENT TO PURSUE ANY RIGHTS, REMEDIES, OR LEGAL CLAIMS AGAINST ICANN OR THE ICANN AFFILIATED PARTIES IN COURT OR ANY OTHER JUDICIAL FORA WITH RESPECT TO THE ASP APPLICATION SHALL MEAN THAT APPLICANT WILL FOREGO RECEIVING FINANCIAL AND NON-FINANCIAL SUPPORT TO SUBMIT AN APPLICATION FOR THE OPERATION OF A REGISTRY FOR THE GTLD; PROVIDED THAT APPLICANT MAY UTILIZE ANY ACCOUNTABILITY MECHANISM SET FORTH IN ICANN'S BYLAWS FOR PURPOSES OF CHALLENGING ANY FINAL DECISION MADE BY ICANN WITH RESPECT TO THE ASP APPLICATION. APPLICANT ACKNOWLEDGES THAT ANY ICANN AFFILIATED PARTY IS AN EXPRESS THIRD-PARTY BENEFICIARY OF THIS SECTION 6 AND MAY ENFORCE EACH PROVISION OF THIS SECTION 6 AGAINST APPLICANT.

  7. Any materials submitted to, or obtained or generated by, ICANN and the ICANN Affiliated Parties in connection with this ASP Application, including evaluations, analyses and any other materials prepared in connection with the evaluation of this ASP Application will remain confidential, except as required by law or judicial process. Access to the confidential information shall be limited to those individuals and entities who need access to complete the review process, including individuals within ICANN and any third parties conducting application evaluations or providing dispute resolution services.

    In the event Applicant is selected to receive support through the Applicant Support Program, Applicant authorizes and gives permission to ICANN to publish applicant's name on ICANN's website and any action taken by ICANN related thereto in line with the timeline for publication of who has applied for which gTLD names for the New gTLD Program, and to disclose or publicize in any other manner, information sufficient to identify the Applicant.

  8. Applicant represents and certifies that it has ensured a legal basis, including but not limited to permissions or consents from the individuals, for the sharing and publication of any personally identifying information or personal data included in this ASP Application or information or materials submitted with this ASP Application, including for purposes of processing their personal data for background screening. Applicant acknowledges that the information that ICANN posts may remain in the public domain for a period permitted under applicable law, including in perpetuity where necessary to satisfy its transparency obligations. Applicant confirms it has informed such individuals of the processing of their personally identifying information or personal data as required under applicable data protection laws. Applicant acknowledges that ICANN will handle personal information or data collected in accordance with its gTLD Program Privacy Statement https://newgtlds.icann.org/en/applicants/agb/program-privacy, which supplements the Privacy Policy, https://www.icann.org/privacy/policy/#5, both of which are incorporated herein by this reference. If requested by ICANN, Applicant will be required to obtain and deliver to ICANN and ICANN's background screening vendor any consents or agreements of the entities and/or individuals named in this ASP Application necessary to conduct these background screening activities as permitted under applicable law. In addition, Applicant acknowledges that to allow ICANN to conduct thorough background screening investigations:
    1. Applicant may be required to provide documented consent for release of records to ICANN by organizations or government agencies;
    2. Applicant may be required to obtain specific government records directly and supply those records to ICANN for review;
    3. Additional identifying information may be required to resolve questions of identity of individuals within the Applicant organization;
    4. Applicant may be requested to supply certain information in its original language as well as in English; and
    5. Applicant may be required to obtain the permission or consent of individuals whose information will be disclosed to ICANN in connection with this ASP Application.
  9. Applicant may not resell, assign, or transfer this ASP Application or any support conferred to Applicant via the Applicant Support Program. Applicant acknowledges that material changes to its ASP Application anticipated to result in a direct or indirect control of Applicant may no longer be eligible for support through the Applicant Support Program.
  10. Applicant understands and agrees that it will acquire rights in connection with a gTLD only in the event that Applicant applies for a gTLD through ICANN's New gTLD Program and enters into a registry agreement with ICANN, and that Applicant's rights in connection with such gTLD will be limited to those expressly stated in the registry agreement.
  11. Applicant authorizes ICANN to:
    1. Contact any person, group, or entity to request, obtain, and discuss any documentation or other information that, in ICANN's sole judgment, may be pertinent to this ASP Application; and/or
    2. Consult with persons of ICANN's choosing regarding information in this ASP Application or information otherwise coming into ICANN's possession, provided, however, that ICANN will use reasonable efforts to ensure that such persons maintain the confidentiality of information in this ASP Application that the Handbook expressly states will be kept confidential.
  12. For the convenience of applicants around the world, the application materials published by ICANN in the English language have been translated into certain other languages frequently used around the world. Applicant recognizes that the English language version of the application materials prepared by ICANN (of which these Terms and Conditions is a part) is the version that binds the parties, that translations of these materials are non-official interpretations and may not be relied upon as accurate in all respects, and that in the event of any conflict between the translated versions of the application materials and the English language version, the English language version controls. These Terms and Conditions shall be subject to the laws of the State of California.
  13. Applicant agrees that by submitting this ASP Application, Applicant is agreeing to execute waivers or take reasonable actions to permit law and consulting firms retained by ICANN in connection with the review and evaluation of this ASP Application to represent ICANN adverse to Applicant in the matter.
  14. ICANN reserves the right to make reasonable updates and changes to the Handbook and to the application process, including the process for withdrawal of applications and timing considerations at any time by posting notice of such updates and changes to the ICANN website, including but not limited to as the possible result of new policies that might be adopted or advice to ICANN from ICANN advisory committees during the course of the application process. Applicant acknowledges that ICANN may make such updates and changes and agrees that this ASP Application will be subject to any such updates and changes. In the event that Applicant has completed and submitted its ASP Application prior to such updates or changes, and Applicant can demonstrate to ICANN that compliance with such updates or changes would present a material hardship to Applicant, then ICANN will work with Applicant in good faith to attempt to make reasonable accommodations in order to mitigate any negative consequences for Applicant to the extent possible consistent with ICANN's mission to ensure the stable and secure operation of the Internet's unique identifier systems.
  15. By submitting this ASP Application, Applicant agrees to comply with all applicable laws and regulations, including those economic, financial, and trade restrictions imposed, administered or enforced by the U.S. government, including but not limited to those administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury ("Economic Sanctions"). Applicant also agrees to immediately notify ICANN if Applicant, or any of the persons or entities listed in this ASP Application, become the subject of any Economic Sanctions.
  16. There will be no limitations or restrictions in the selection procedures for the Applicant Support Program based upon race, religion, national or ethnic origin, or other illegal discriminatory criteria.