Agreement for Verisign Generic Top-Level Domain Names
Last Modified: November 21, 2018
1. Verisign TLDs: This Supplementary Agreement applies to domain names registered or proposed to be registered in any of the generic top level domains listed in Schedule 1 to this Supplementary Agreement (each an “Verisign TLD”), which are administered by Verisign Registry Services (“Verisign”) or one of Verisign’s affiliates.
2. Interpretation: For all Services provided by Webnames.ca relating to domain names registered or proposed to be registered in an Verisign TLD, the Webnames.ca Terms of Use and Services Agreement (available byclicking here), the Supplementary Agreement for Domain Name Transactions (available by clicking here), the Supplementary Agreement for ICANN Top-Level Domain Names (available by clicking here) and this Supplementary Agreement for Verisign Generic Top-Level Domain Names (this “Supplementary Agreement”) together constitute and are referred to as “ this Agreement”. If there is a conflict between this Supplementary Agreement and any of the Webnames.ca Terms of Use and Services Agreement, the Supplementary Agreement for Domain Name Transactions or the Supplementary Agreement for ICANN Top-Level Domain Names, then this Supplementary Agreement will take priority and govern.
3. Definitions: In this Supplementary Agreement:
(a) “Application” means an application or request that You submit through Webnames.ca to the relevant Registry Operator for a Registration or for a renewal or modification of a Registration.
(b) “Generic Domain Name” means a domain name registered or proposed to be registered in a Verisign TLD.
(c) “ICANN Requirements” means the policies and requirements adopted from time to time by ICANN, including the Consensus Policies (posted at www.icann.org/en/general/consensus-policies.html) and each of the following: Trademark Clearinghouse and Trademark Claims Service, the Trademark Post-Delegation Resolution policies and procedures, the Registry Restrictions Dispute Resolutions Procedure, the Public Interest Commitment Dispute Resolutions policies and procedures and the Uniform Rapid Suspension System (each as defined in the Registry Agreements between Verisign or a Registry Operator and ICANN for the operation of the relevant Verisign TLD), as amended from time to time, and as posted on the ICANN website at http://www.icann.org/en/about/agreements/registries.
(d) “Registered Name Holder” means the holder of a Registration, which can be a person or entity owning or otherwise controlling a Registration by virtue of a registration agreement with an ICANN-accredited registrar.
(e) “Registration” means the registration of a Generic Domain Name that has been accepted by the relevant Registry Operator.
(f) “Registry Operator” means the entity responsible for the operation of the registry for the relevant Verisign TLD as set forth in Schedule 1 to this Supplementary Agreement.
(g) “Registry Policies” means the rules, protocols, policies or procedures, including the Registry Terms and Conditions and the Registry-Registrar Agreement, adopted or amended from time to time by either Verisign or the relevant Registry Operator, as posted on either the Verisign website at http://www.verisigninc.com/ or the website of the relevant Registry Operator.
(h) “Registry-Registrar Agreement” means the agreement between the Registry Operator for the relevant Verisign TLD and domain name registrars, as amended from time to time.
(i) “Registry Terms and Conditions” means the terms and conditions that govern the registration and use of a Generic Domain Name, the relevant Verisign TLD and related matters, as established and revised from time to time by the Registry Operator for the relevant Verisign TLD and made available by the Registry Operator on either the Verisign website at www.Verisign.info or the website of the relevant Registry Operator.
(j) "Regulated and Highly Regulated Domains" mean domains identified in Schedule 1as Regulated and or as Highly Regulated and are subject to additional requirements mandated by ICANN.
(k) “Start-Up Processes” includes Sunrise, Landrush and Auction (each as defined in the Registry Agreement) and further refined in the applicable policies applicable to the Start-up Processes.
(l) “Registry Verification Agent” means the entity that provides Verification Services for Registry Operator.
(m) “Verification Services” means the Registry Verification Agent’s process to verify the Registered Name Holder meets the eligibility requirements for registering/maintaining a .BANK or .INSURANCE registration.
(n) All other capitalized terms are defined elsewhere in this Supplementary Agreement, in the Webnames.ca Terms of Use and Services Agreement (available by clicking here) or in the relevant Registry Policies.
4. Extended Definitions: In this Agreement: (a) “Domain Name Registry Authorities” include Verisign and each Registry Operator and their respective successors and assigns; and (b) “Domain Names” includes a Generic Domain Name.
5. Acceptance of the Agreement: By submitting an application for registration or renewal of a Registered Name, You unconditionally accept and agree to this Agreement (which is comprised of the Webnames.ca Terms of Use and Services Agreement, the Supplementary Agreement for Domain Name Transactions, the Supplementary Agreement for ICANN Top-Level Domain Names and this Supplementary Agreement) and all other policies and terms and conditions incorporated into this Agreement by reference.
6. Registry Terms and Conditions: Without limiting the generality of any other provision of this Agreement, You acknowledge and agree that all Services regarding a Generic Domain Name are subject to the Registry Terms and Conditions that govern the relevant Verisign TLD and related Registry Policies. By submitting an Application, You unconditionally accept and agree to comply with the Registry Terms and Conditions that govern the relevant Verisign TLD and all related Registry Policies as if all references in the Registry Terms and Conditions and Registry Policies to “Applicant”, “Registrant” and similar terminology (as applicable) are references to You. For greater certainty, the Registry Terms and Conditions for each Verisign TLD may be revised from time to time by the Registry Operator and are available on the Verisign website at www.versigninc.com or respective Registry websites which may or may not be listed in schedule 1 below.
7. Your Certification: Without limiting the generality of any other provision of this Agreement, by submitting an Application You certify, represent and warrant that the Application is compliant with all applicable provisions of the relevant Registry Terms and Conditions and related Registry Policies.
8. Consent to Use of Personal Information: Without limiting the generality of any other provision of this Agreement, (a) Consent: You hereby consent to Webnames.ca disclosing Your personal information to Verisign and relevant Registry Operators and Registry Verification Agents as required for Webnames.ca to provide Services relating to Generic Domain Names. You hereby consent to the collection, use, copying, distribution, publication, modification and other processing of Your Personal Data by those Registry Operators and their designees and agents in a manner consistent with the purposes set forth in this Agreement, in the relevant Registry Policies, current ICANN policies, and relevant mandatory local data protection, laws and privacy and as otherwise permitted by this Agreement, the relevant Registry Agreement and applicable law. For the avoidance of doubt, the provisions of this section 8(a)do not apply to publicly available information. Webnames.ca is not responsible or liable for the use of Your personal information by Verisign or Registry Operators or Registry Verification Agents. The Verisign privacy policy is available on the Verisign website at www.verisign.com or through the respective Registry website. Verisign may revise its privacy policy from time to time. Verisign and Registry Operators may from time to time use (b) Demographic Data: You acknowledge and agree that Registry Operators may from time to time use demographic data collected for statistical analysis, provided that the analysis will not disclose individual non-public personal data and that non-public personal data is used by Verisign only for internal business purposes. To the extent permitted by applicable law, You consent to the use, copying, distribution, publication, modification and processing of Your personal information by Verisign and each Registry Operator.
9. Prohibited Conduct and Malware Scans:
(a) Prohibited Conduct: Without limiting the generality of any other provision of this Agreement, You will not distribute malware, abusively operating botnets, phishing, privacy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engage in activity contrary to applicable law. If You engage in any of the prohibited activities listed above in this section 9, then Webnames.ca in its discretion may immediately suspend Your use of Generic Domain Names and all related Services without notice or liability to You or any other person.
(b) Malware Scans: If ICANN requires, You acknowledge and agree that Registry Operator or Verisign may perform scans or other views of websites in Registry TLD for the purpose of detecting malware, or as necessary to protect the integrity, security or stability of the Registry System (“Malware Scans”). You are obligated to: (i) grant Registry Operator and Verisign all necessary licenses and consents to permit Registry Operator and/or Verisign or its agent(s) to: (1) perform, in Registry Operator or Verisign’s unlimited and sole discretion, Malware Scans; (2) collect, store, and process data gathered as a result of such Malware Scans; (3) disclose the results of such Malware Scan (including all data therefrom) to Registry Operator and/or ICANN; and (4) use the results of such Malware Scan (including all data therefrom) in connection with: (x) protecting the integrity, security or stability of the Registry System; and (y) providing reports and benchmarks based on aggregated data so long as the reports do not identify the TLD; (ii) acknowledge that the results of any Malware Scan identifying malware or potential malware shall not be deemed to be confidential or proprietary information of Registrar or Registered Name Holder; (iii) disclaim any and all warranties, representations or covenants that such Malware Scan will detect any and all malware or that Registry Operator or RSP is responsible for notifying Registrar or any Registered Name Holder of any malware or cleaning of any malware from any system or website; (iv) indemnify, defend and hold harmless Registry Operator and RSP from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any malware, clean any malware, or the use of any data from Malware Scans; and (v) prohibit the entrance into any settlement or compromise of any such indemnifiable claim (as set forth in (iv) above) without the Registry Operator and RSP’s prior written consent. Registry Operator may grant Registrar the ability to opt-out of Malware Scans upon written request.
10. Indemnity: Without limiting the generality of any other provision of this Agreement, within thirty (30) days after demand by Webnames.ca, Verisign or a Registry Operator or Registry Verification Agent, You will indemnify, defend and hold harmless each of Webnames.ca, Verisign, Registry Operators, Registry Verification Agents and their respective service providers and each of their respective affiliates and subsidiaries, and each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal and expenses (including on appeal), arising out of or related in any way to: (a) Your Application or Registration, including without limitation the use, registration, extension, renewal, deletion or transfer of a Generic Domain Name or the violation of any applicable terms or conditions (including Registry Terms and Conditions and Registry Policies) governing an Application or Registration; or (b) Your breach of this Agreement. You will not enter into a settlement or compromise of a claim that You are obligated to defend pursuant to this section 10 without Webnames.ca’s prior written consent, which consent will not be unreasonably withheld. This section 10 will survive the expiration or termination of this Agreement for any reason.
11. Information Verification: Without limiting the generality of any other provision of this Agreement, You agree that Verisign and a Registry Operator is entitled, at any time, to verify the truth, accuracy and completeness of any information that You provide, directly or indirectly through any other person (including Webnames.ca), to Verisign or the Registry Operator (collectively, “Registrant Information”). You will comply and cooperate with Verisign and the Registry Operator in connection with a verification of Registrant Information, and You will furnish all available documentation as Verisign or the Registry Operator may reasonably require to complete the verification. Without limiting the generality of any other provision of this Agreement, You will promptly submit to Webnames.ca any corrections or updates to Registrant Information. You agree that for certain TLDS such as but not limited to .BANK and .INSURANCE, a Registry Verification Agent will be used to provide Verification Services. Re-verification is required on an annual or bi-annual basis or as specified by the Registry Operator from time to time.
12. Compliance with ICANN and Registry Terms and Conditions: Without limiting the generality of any other provision of this Agreement, You will comply with: (a) ICANN standards, policies, procedures and practices (including the ICANN Requirements) limiting the domain names that may be registered in the Verisign TLDs; and (b) all applicable Registry Terms and Conditions and Registry Policies and all applicable statutes and regulations limiting the domain names that may be registered in the Verisign TLDs. All operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Verisign in a non-arbitrary manner and applicable to all registrars, including affiliates of Verisign, and consistent with ICANN's standards, policies, procedures, and practices and the Registry Agreement. Additional or revised Verisign operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty days notice by Verisign to Registrar. If there is a discrepancy between the terms required by the Registry-Registrar Agreement and the terms of this supplementary agreement, the terms of the Registry Agreement shall supercede; and (c) public interest commitments (as set forth in Specification 11 to the Registry Agreement, as amended from time to time), community registration policies (if applicable, as set forth in Specification 12 to the Registry Agreement, as amended from time to time) and Government Advisory Committee (“GAC”) safeguards (as set forth in Schedule 4 to this Agreement or otherwise published or provided to Registrar by Verisign from time to time).
13. ICANN Requirements: You acknowledge and agree that Services regarding Generic Domain Names are subject to modification at any time, without notice of liability to You, as a result of ICANN Requirements.
14. Reservation of Rights by Verisign and Registry Operators: Without limiting the generality of any other provision of this Agreement, You acknowledge and agree that Verisign and each Registry Operator reserves the right to deny, suspend, cancel or transfer any Registration or transaction relating to a Generic Domain Name, or place any Generic Domain Name or transaction relating to a Generic Domain Name on registry lock, registry hold or similar status that Verisign or the Registry Operator in its discretion deem necessary: (a) to protect the integrity and stability of the Verisign TLD registries or registry systems; (b) to comply with any applicable laws, government rules or requirements, or requests of law enforcement, or as needed before, during or after any dispute resolution process; (c) to comply with the terms of any agreement between ICANN and Verisign or the Registry Operator; (d) if You fail to keep WHOIS information accurate and current; (e) if the Generic Domain Name violates a Registry Policy (e.g. Acceptable Use and Anti-Abuse Policy) or a third party’s rights (including the infringement of any copyright or trademark) or acceptable use policies; (f) to avoid any liability, civil or criminal, on the part of Verisign or a Registry Operator or any of their respective affiliates, subsidiaries, officers, directors and employees; (g) in accordance with this Agreement; (h) for violations of any agreement between Webnames.ca and Verisign or the Registry Operator; or (i) to correct mistakes made by any of Verisign, a Registry Operator, Webnames.ca or any other domain name registrar. You further acknowledge and agree that Verisign and each Registry Operator reserve the right to place a Generic Domain Name on registry lock, registry hold or similar status during resolution of a dispute.
15. Dispute Resolution and Time of Entry Disputes:
(a) Dispute Resolution: Without limiting the generality of any other provision of this Agreement, You will comply with the dispute resolution procedures set forth in ICANN’s Uniform Rapid Suspension System (URS) [currently accessible at http://newgtlds.icann.org/en/applicants/urs], ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) [currently accessible at http://www.icann.org/en/help/dndr/udrp/policy], and ICANN’s Post-Delegation Dispute Resolution Procedures (PDDRP) [currently accessible at http://newgtlds.icann.org/en/program-status/pddrp], each as applied and amended from time to time, and the relevant Registry Operator’s dispute resolution procedures, including any applicable Domain Name Application Appeals Process (AAP), each as applied and amended from time to time, and You will abide by any determinations made as part of any of those dispute resolution procedures.
(b) Time of Entry Disputes: You agree that in the event of any dispute concerning the time of entry of a Registered Name registration into the Registry System, the timestamp shown in the Registry System records shall control.
16. Disclaimer of Warranties: Without limiting the generality of any other provision of this Agreement, You acknowledge and agree as follows: (a) the services provided by Verisign and Registry Operators are provided “as-is” and without any warranty or condition of any kind; (b) Verisign and each Registry Operator disclaim all warranties and conditions, express or implied, including implied warranties and conditions of merchantability or satisfactory quality, fitness for a particular purpose and infringement of third party rights; (c) Verisign and Registry Operators do not warrant that the services provided by Verisign and Registry Operators will meet Your requirements or will be uninterrupted or error-free, or that defects will be corrected; (d) Verisign and Registry Operators do not warrant or make any representations regarding the use or results of the services provided by Verisign and Registry Operators in terms of correctness, accuracy, reliability, or otherwise.
17. Standard Applications/Registrations:
(a) Your Representations and Warranties: Without limiting the generality of any other provision of this Agreement, by submitting an Application or when modifying a Registration, You represent, warrant and acknowledge that: (i) the Application or Registration contains true, accurate and up-to-date information, and is made in good faith, for a lawful purpose and does not infringe the rights of any third party; (ii) You will participate in good faith in any proceedings as described in the Registry Terms and Conditions or the Registry-Registrar Agreement; and (iii) You accept and will abide by the Registry Policies.
(b) Registry’s Rights: Without limiting the generality of any other provision of this Agreement, You acknowledge and accept that each Registry Operator will be entitled, but not obligated, to reject an Application or Registration, or to delete, revoke, suspend, cancel or transfer a Registration: (i) to enforce Registry Policies and ICANN Requirements, each as amended from time to time; (ii) that is not accompanied by complete and accurate information, or where required information is not updated or corrected, as required by ICANN Requirements or Registry Policies; (iii) to protect the integrity and stability of the SRS (defined in the Registry Terms and Conditions) or the operation or management of the registry; (iv) to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court or administrative authority, or any dispute resolution service provider the Registry Operator may retain to oversee the arbitration and mediation of disputes; (v) to establish, assert, or defend the legal rights of the Registry Operator or a third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the Registry Operator or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders; (vi) to correct mistakes made by the Registry Operator or any registrar (including Webnames.ca) in connection with a Registration; or (vii) as otherwise provided in the Registry Terms and Conditions and the Registry-Registrar Agreement.
18. Sunrise Applications/Registrations: Without limiting the generality of any other provision of this Agreement:
(a) Definitions: In this Supplementary Agreement: (i) “Sunrise” has the meaning set forth in the applicable Registry Terms and Conditions; (ii) “Sunrise Application” means an Application made during Sunrise; and (iii) “ Sunrise Registration” means a Registration resulting from a Sunrise Application.
(b) Start-up Processes: You agree to be bound by the terms and conditions of the initial launch of each Generic TLD, including the Sunrise period, the Land Rush period or any other phases that may be offered by Verisign and the Registry Operator, and the applicable policies and procedures that govern the Start-Up Processes for a Generic TLD (as set forth on the relevant Registry Operator’s website), and You further acknowledge that Registry Operators have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise period or the Land Rush or other period, including: (a) the ability or inability of a registrant to obtain a Registered Name during those periods; and (b) the results of any dispute over a Sunrise registration.
(c) Your Representations and Warranties: Without limiting the generality of any other provision of this Agreement, by submitting a Sunrise Application, or when modifying a Sunrise Registration, You represent, warrant and acknowledge that: (i) the Sunrise Application or Sunrise Registration contains true, accurate and up-to-date information, and is made in good faith, for a lawful purpose and does not infringe the rights of any third party; (ii) You will participate in good faith in any proceedings described in the Registry Terms and Conditions or the Registry-Registrar Agreement; (iii) the Registry Operator or its agents are authorized to share information to the TMCH (defined in the Registry Terms and Conditions), other Sunrise applicants, or the general public relating to Your Sunrise Application; and (iv) You accept and will abide by the Registry Policies.
(d) Registry’s Rights: Without limiting the generality of any other provision of this Agreement, You acknowledge and accept that each Registry Operator will be entitled, but not obligated, to reject a Sunrise Application or Sunrise Registration, or to delete, revoke, suspend, cancel or transfer a Sunrise Registration: (i) to enforce Registry Policies and ICANN Requirements, each as amended from time to time; (ii) that is not accompanied by complete and accurate information, or where required information is not updated or corrected, as required by ICANN Requirements or Registry Policies; (iii) to protect the integrity and stability of the SRS (defined in the Registry Terms and Conditions) or the operation or management of the registry; (iv) to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court or administrative authority, or any dispute resolution service provider the Registry Operator may retain to oversee the arbitration and mediation of disputes; (v) to establish, assert, or defend the legal rights of the Registry Operator or a third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the Registry Operator or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders; (vi) to correct mistakes made by the Registry Operator or any registrar (including Webnames.ca) in connection with a Sunrise Registration; (vii) if the Registry Operator receives notice that the SMD File (defined in the Registry Terms and Conditions) is under dispute; or (viii) as otherwise provided in the Registry Terms and Conditions and the Registry-Registrar Agreement.
19. Safeguards for Regulated Domains: Without limiting the generality of any other provision of this Agreement, the following apply to all regulated and highly regulated domains listed in schedule 1:
(a) Legal Compliance: You will comply with all applicable laws, including laws relating to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations;
(b) Health and Financial Information: You acknowledge and agree that registrants who collect and maintain sensitive health and financial data must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law;
19.1 Safeguards for Highly Regulated Domains: In addition to 19 (a) and (b), and without limiting the generality of any other provision of this Agreement,
(a) Abuse Contact Information: You must provide administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in your main place of business;
(b) Possession of Necessary Credentials: You must represent that the Registrant possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly Regulated TLD; and
(c) Report Material Changes to Credentials: You must report any material changes to the validity of the Registrant’s authorizations, charters licenses and/or other related credentials for participation in the sector associated with the Highly Regulated TLD to ensure the Registrant continues to conform to the appropriate regulations and licensing requirements and generally conduct your activities in the interests of the consumer you serve.
20. Fees:
(a) General: The fees payable for Services relating to Generic Domain Names, including fees for Applications and Registrations, are as set forth on Webnames.ca’s Websites and are subject to change by Webnames.ca from time to time. Fees are not refundable under any circumstances, unless this Agreement or Webnames.ca’s Websites expressly state otherwise. Certain fees (such as fees relating to Sunrise Applications) are payable regardless of the outcome of the Service (e.g., even if the Sunrise Application does not result in a Sunrise Registration).
(b) Variations/Changes: Without limiting the generality of any other provision of this Agreement, You acknowledge and agree that Registrations are variably priced (i.e. some are “Standard Names” and others are “Premium Names”), and that renewals of Registrations are also variably priced, and that fees for Registrations may change from time to time (e.g. the fee for a Registration may be higher during an early access period than during a later period and may change during an early access period). For greater certainty, the fee for registering or renewing the Registration of a specific Generic Domain Name may be different from the fee for registering or renewing the Registration of a different Generic Domain Name (e.g. the renewal registration fee may be $7 for one Generic Domain Name and $13 for a different Generic Domain Name). Each of Verisign, Registry Operators and Webnames.ca reserve the right to increase the initial registration fee for an unregistered Generic Domain Name or to increase the renewal fee for a registered Generic Domain Name.
21. Liability Limitation: Without limiting the generality of any other provision of this Agreement, You acknowledge and agree as follows: (a) to the extent permitted under governing law, a Registry Operator or Registry Verification Agent will only be liable in cases of proven willful misconduct or gross negligence; (b) in no event will a Registry Operator or Registry Verification Agent be held liable for any indirect, consequential or incidental damages or loss of profits, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to Registrations, DPML Blocks (defined in the Registry Terms and Conditions), or use of the SRS or the Registry Website, even if the Registry Operator has been advised of the possibility of such loss or damages, including but not limited to decisions taken by the Registry Operator to register or not to register a Generic Domain Name on the basis of information from the TMCH (defined in the Registry Terms and Conditions); (c) to the extent allowed under applicable law, a Registry Operator’s aggregate liability for damages will in any case be limited to the amounts specified in the Registry-Registrar Agreement, and no greater or other damages (such as any fees payable or paid by Webnames.ca in the context of any proceedings initiated against a decision by the Registry Operator to register or not to register a Generic Domain Name) may be claimed by You from the Registry Operator. For the purposes of this section 21, the term “Registry Operator” includes Verisign and each of the Registry Operator’s stockholders, directors, employees, members, subcontractors, the TMCH and each of their respective directors, agents and employees.
22. Indemnity by You: Without limiting the generality of any other provision of this Agreement, You will hold the Registry Operator and Registry Verification Agents harmless from claims filed or disputes initiated by third parties, and You will compensate the Registry Operator and Registry Verification Agents for any costs or expenses incurred or damages for which the Registry Operator or Registry Verification Agent may be held liable as a result of third parties taking action against the Registry Operator or Registry Verification Agent on the grounds that an Application for or the Registration, DPML Block, or use of the SLD (defined in the Registry Terms and Conditions) by You infringes the rights of a third party. For the purposes of this section 22, the term “Registry Operator” includes Verisign and each of the Registry Operator’s stockholders, directors, employees, members, subcontractors, the TMCH and each of their respective directors, agents and employees. This section 22 will survive the expiration or termination of this Agreement for any reason.
23. Third Party Beneficiaries: Notwithstanding anything in this Agreement to the contrary:
(a) Verisign and each Registry Operator and Registry Verification Agent are and will remain intended third party beneficiaries of this Agreement. You acknowledge that Verisign and each Registry Operator and Registry Verification Agent will rely on their third party beneficiary rights under this Agreement in agreeing to Webnames.ca being a registrar for Verisign TLDs and in providing services to You or for Your benefit. For greater certainty, You acknowledge and agree that this Agreement is for the benefit of Verisign and each Registry Operator and Registry Verification Agent but does not give rise to any obligations on the part of Verisign or any Registry Operator or Registry Verification Agent. Verisign and each Registry Operator and Registry Verification Agent may assign their respective rights and benefits under this Agreement to a subsequent registry operator or registry verification agent of a Verisign TLD.
(b) Verisign and Registry Operators and Registry Verification Agents and their affiliates and their respective managers, directors, employees, contractors and agents (including the TMCH and the Auction Provider) are not parties to this Agreement.
Schedule 1 – Verisign TLDs and Registry Operators
The Generic TLDs and the corresponding Registry Operator and website link containing their respective policies are as follows. Additional policies/requirements apply to regulated and highly regulated domains: