2.10
Pricing for Registry Services.
(a)
With respect to initial domain name registrations, Registry Operator shall provide
ICANN and each ICANN accredited registrar that has executed the registry-registrar agreement for the
TLD advance written notice of any price increase (including as a result of the elimination of any refunds,
rebates, discounts, product tying or other programs which had the effect of reducing the price charged to
registrars, unless such refunds, rebates, discounts, product tying or other programs are of a limited
* Final text will be posted on ICANN website; agreement reference to be replaced by hyperlink.
4DRAFT NEW GTLD REGISTRY AGREEMENT
duration that is clearly and conspicuously disclosed to the registrar when offered) of no less than thirty
(30) calendar days. Registry Operator shall offer registrars the option to obtain initial domain name
registrations for periods of one to ten years at the discretion of the registrar, but no greater than ten years.
(b)
With respect to renewal of domain name registrations, Registry Operator shall
provide ICANN and each ICANN accredited registrar that has executed the registry-registrar agreement
for the TLD advance written notice of any price increase (including as a result of the elimination of any
refunds, rebates, discounts, product tying, Qualified Marketing Programs or other programs which had the
effect of reducing the price charged to registrars) of no less than one hundred eighty (180) calendar days.
Notwithstanding the foregoing sentence, with respect to renewal of domain name registrations: (i)
Registry Operator need only provide thirty (30) calendar days notice of any price increase if the resulting
price is less than or equal to (A) for the period beginning on the Effective Date and ending twelve (12)
months following the Effective Date, the initial price charged for registrations in the TLD, or (B) for
subsequent periods, a price for which Registry Operator provided a notice pursuant to the first sentence of
this Section 2.10(b) within the twelve (12) month period preceding the effective date of the proposed
price increase; and (ii) Registry Operator need not provide notice of any price increase for the imposition
of the Variable Registry-Level Fee set forth in Section 6.3. Registry Operator shall offer registrars the
option to obtain domain name registration renewals at the current price (i.e. the price in place prior to any
noticed increase) for periods of one to ten years at the discretion of the registrar, but no greater than ten
years.
(c)
In addition, Registry Operator must have uniform pricing for renewals of
domain name registrations (“Renewal Pricing”). For the purposes of determining Renewal Pricing, the
price for each domain registration renewal must be identical to the price of all other domain name
registration renewals in place at the time of such renewal, and such price must take into account universal
application of any refunds, rebates, discounts, product tying or other programs in place at the time of
renewal. The foregoing requirements of this Section 2.10(c) shall not apply for (i) purposes of
determining Renewal Pricing if the registrar has provided Registry Operator with documentation that
demonstrates that the applicable registrant expressly agreed in its registration agreement with registrar to
higher Renewal Pricing at the time of the initial registration of the domain name following clear and
conspicuous disclosure of such Renewal Pricing to such registrant, and (ii) discounted Renewal Pricing
pursuant to a Qualified Marketing Program (as defined below). The parties acknowledge that the purpose
of this Section 2.10(c) is to prohibit abusive and/or discriminatory Renewal Pricing practices imposed by
Registry Operator without the written consent of the applicable registrant at the time of the initial
registration of the domain and this Section 2.10(c) will be interpreted broadly to prohibit such practices.
For purposes of this Section 2.10(c), a “Qualified Marketing Program” is a marketing program pursuant
to which Registry Operator offers discounted Renewal Pricing, provided that each of the following
criteria is satisfied: (i) the program and related discounts are offered for a period of time not to exceed
one hundred eighty (180) calendar days (with consecutive substantially similar programs aggregated for
purposes of determining the number of calendar days of the program), (ii) all ICANN accredited registrars
are provided the same opportunity to qualify for such discounted Renewal Pricing; and (iii) the intent or
effect of the program is not to exclude any particular class(es) of registrations (e.g., registrations held by
large corporations) or increase the renewal price of any particular class(es) of registrations. Nothing in
this Section 2.10(c) shall limit Registry Operator’s obligations pursuant to Section 2.10(b).