Launch Policy

1 Definitions

In this policy:

Allocation means the method by which a domain name is created and assigned to an Applicant; Allocated shall have a corresponding meaning.

Applicant means a natural or legal person, company or organisation in whose name an Application is submitted.

Application means the complete and technically correct request for a domain name, which complies with the Published Policies.

Claims Notice means a notice provided to an Applicant indicating that the applied for Label is a Trademark Match to a Trademark Record in the Trademark Clearinghouse.

Claims Services means the services that collectively provide:

  • Applicants with a Claims Notice; and
  • Trademark Holders, with a corresponding Trademark Record, with notice that a Label that is a Trademark Match to the Trademark Record is Allocated.

Claims Period means any period during which the Claims Services are provided.

Early Access Period means a period running concurrently with the Sunrise Period during which Applications for a domain name may be received from any interested eligible party.

Early Access Period Eligibility Requirements means the requirements outlined in this policy that an Applicant must meet to participate in the Early Access Period.

Eligible for Allocation means a domain name that we have assigned, designated or otherwise earmarked to an Applicant following technical substantiation and conclusion of any applicable contention resolution mechanisms.

General Availability means the point in time following which requests to register a domain name may be received from any eligible party on a first come, first served basis.

General Registration means the point in time after the conclusion of the Sunrise Period in which domain names are generally available for registration by all interested parties that are qualified to register domain names in the TLD.

ICANN means the Internet Corporation for Assigned Names and Numbers, its successors and assigns.

Label means a string of characters used to form part of a domain name. The elements of a domain name and their composition are more fully described in our Registration Policy.

Launch Program means the Sunrise Period and Early Access Period described in this document but does not include General Registration.

Published Policies collectively means:

  • those specifications and policies established and published from time to time by us or any of our designated representatives; and
  • any ICANN Temporary Specifications or Policies and Consensus Policies or any Rights Protection Mechanisms and associated rules, policies, requirements and procedures (as defined in our agreement with ICANN).

Qualified Launch Program means the period of time described in this document, during which we may Allocate or register domain names to third parties during the Sunrise Period subject to the Qualified Launch Program Requirements.

Qualified Launch Program Requirements means the rules, requirements and guidelines which can be found at the following link http://newgtlds.icann.org/en/announcements-and-media/announcement-10apr14-en (as may be updated from time to time)

Registrant means a natural or legal person, company or organisation in whose name a domain name is Allocated in the TLD.

Registrar means an entity that is authorised to offer domain name registration services in relation to the TLD.

Service means the services that we provide in relation to the TLD.

SMD File means the Signed Mark Data file provided by the TMCH Sunrise and Claims Operator to a holder of a Validated Mark which is encoded with certain information.

Sunrise Eligibility Requirements means the requirements outlined in this policy that an Applicant must meet to participate in the Sunrise Period.

Sunrise Period means the period during which Sunrise-Eligible Rights Holders have the opportunity to submit an Application for a domain name in the TLD prior to General Registration.

Sunrise Registration means a domain name Allocated to a Sunrise-Eligible Rights Holder and applied for during the Sunrise Period.

Sunrise-Eligible Rights Holders means Trademark Holders who have been issued with a SMD File from the TMCH Sunrise and Claims Operator and meet the Sunrise Eligibility Requirements specified in this policy.

TLD means Top Level Domain and for the purpose of this policy shall mean .film.

TMCH Sunrise and Claims Operator means the providers appointed by ICANN to serve as the Trademark Clearinghouse by accepting, authenticating, validating and facilitating the transmission of information related to certain trademarks.

Trademark Clearinghouse Guidelines means the guidelines which can be found at the following link www.trademark-clearinghouse.com (as may be updated from time to time) which provide an overview of the requirements for the inclusion of trademarks in the Trademark Clearinghouse and the issuance of a SMD File.

Trademark Clearinghouse means the central repository for information to be authenticated, stored, and disseminated, pertaining to the rights of Trademark Holders.

Trademark Holder means holders of marks that have been verified by the TMCH Sunrise and Claims Operator as meeting the requirements specified in the Trademark Clearinghouse Guidelines.

Trademark Match means that a Label is a match to a trademark, as described in the Trademark Clearinghouse Guidelines.

Trademark Record means a complete and correct set of information concerning a trademark or other mark submitted to the Trademark Clearinghouse.

Validated Mark means a mark that has been verified by the TMCH Sunrise and Claims Operation as meeting the requirements specified in the Trademark Clearinghouse Guidelines including those relating to proof of use.

We, us and our means Motion Picture Domain Registry Pty Ltd ACN 156 336 042 or our designated representatives.

You and your means the person or entity receiving or accessing the Service.

2 Purpose

The purpose of this document is to describe our policy for the Launch Program of the TLD.

This Launch Program was designed to facilitate a fair, orderly and equitable introduction for the TLD, whilst granting priority to certain rights holders. Additionally, it will act as a deterrent to abusive and bad faith registrations.

The launch policy describes, amongst other things:

  • the terms by which eligible parties may submit an Application during the Launch Program; and
  • the manner in which Applications will be processed, validated and Allocated.

This policy applies to:

  • persons or entities submitting an Application; and
  • Registrars.

3 Policy statement

3.1 Introduction to our Launch Program

The Launch Program was designed to:

  • provide certain protections to the various entities described in this policy;
  • comply with ICANN’s requirements for the TLD; and
  • prioritise certain Applications for domain names.

The Launch Program will consist of a number of different periods, each of which is described in this policy. Specific information and requirements for those wishing to participate in the launch of the TLD are detailed in relation to each of those periods.

Background to the Launch Program

ICANN requires that we, in our management of the TLD, implement certain Rights Protection Mechanisms (often referred to as RPMs) to discourage or prevent registration of domain names that violate or abuse another party’s legal rights.

Rights Protection Mechanisms may exist in different forms dependant on the stage or period of operation of the TLD. Some Rights Protection Mechanisms exist for a defined period of time, whilst others may subsist or become active as a result of certain conditions.

Details about ICANN’s requirements for Rights Protection Mechanisms can be found on the ICANN website at the following link: http://newgtlds.icann.org/en/about/trademark-clearinghouse

About us, Rights Protection Mechanisms and the Trademark Clearinghouse

ICANN has established the Trademark Clearinghouse and associated processes and procedures so that we can comply with our obligation to implement Rights Protection Mechanisms.

ICANN has appointed providers, the TMCH Sunrise and Claims Operator(s), to operate the Trademark Clearinghouse. Our implementation of the Service has been integrated and tested with the TMCH Sunrise and Claims Operator. Information about the Trademark Clearinghouse and the TMCH Sunrise and Claims Operator can be found at the following link: http://trademark-clearinghouse.com/

Where applicable our role is to verify the information provided by a Registrar to us, with that information that is contained in the Trademark Clearinghouse. We do not make any decisions about the validity or use of a mark or its inclusion in the Trademark Clearinghouse.

The Launch Program overview

The following diagram illustrates the timing of the Sunrise Period, Early Access Period, Qualified Launch Program and General Registration:

General_Availability

The following is a brief overview of each of the periods that will be implemented in launching the TLD. These periods are described in greater detail in the relevant sections of this document.

General_Availability_table

Launch Program period descriptions

Sunrise Period overview

What is a Sunrise Period?

A Sunrise Period operates to allow entities that meet defined criteria the ability to submit an Application for a domain name in the TLD.

In order to meet ICANN’s requirements, the Sunrise Period for the TLD will be restricted to Sunrise-Eligible Rights Holders.

Multiple Applications for the same domain name during the Sunrise Period will be resolved by auction at the conclusion of the Sunrise Period.

How does a Sunrise Period operate?

In order to participate in a Sunrise Period the Sunrise-Eligible Rights Holder must:

  • have met all the requirements to obtain a SMD File as described in the Trademark Clearinghouse Guidelines;
  • meet any of the additional requirements that we have described in this document or any other policy issued by us;
  • at the time of submitting an Application provide the SMD File received from the TMCH Sunrise and Claims Operator; and
  • only submit an Application for a Label contained in the SMD File.

We will perform verification of the SMD File and confirm that the applied for Label is contained in the SMD File.

Where verification of the SMD File fails or the applied for Label is not contained in the SMD File, that Application will be rejected.

When will a Sunrise Period operate for the TLD?

The Sunrise Period will be in effect from the date so described in the Launch Program overview.

Notice and duration

Once commenced, we may extend the duration of the Sunrise Period at our discretion. Where the Sunrise Period is extended we will provide such notice to you on our website and via any other means we deem appropriate.

Qualified Launch Program Overview

What is a Qualified Launch Program?

The Qualified Launch Program allows us to Allocate or register domain names to third parties prior to the Allocation and registration of all Sunrise Registrations.

When will the Qualified Launch Program operate for the TLD?

The Qualified Launch Program will be in effect from the date so described in the Launch Program overview.

How does the Qualified Launch Program Operate?

Domain names will be Allocated or registered to third parties at our sole and absolute discretion and subject always to the Qualified Launch Program Requirements.

Early Access Period overview

What is an Early Access Period?

The Early Access Period serves to allow Applications from eligible Applicants, for domain names in the TLD which have not been otherwise Allocated, or reserved.

Multiple Applications for a domain name during the Early Access Period will be resolved by auction at the conclusion of the Early Access Period.

How does an Early Access Period operate?

In order to participate in the Early Access Period the Applicant must meet the Early Access Period Eligibility Requirements. The Application for the domain name will be rejected if the domain name:

  • was Allocated as a result of an Application submitted during the Sunrise Period or Qualified Launch Program;
  • is currently Eligible for Allocation; or
  • is the subject of an Application that is being currently processed by the auction provider.

Domain names subject of Applications submitted during the Early Access Period will only be Allocated following the Allocation of all domain names applied for during the Sunrise Period.

A Claims Period will be in effect during the entire duration of the Early Access Period. As such, an Applicant must acknowledge and accept the information contained within any Claims Notice that may be presented before processing of the Application.

Where there are multiple Applications for the domain name during the Early Access Period these will be resolved by the contention resolution mechanism described in relation to the Early Access Period at the conclusion of that period.

When will an Early Access Period operate for the TLD?

The Early Access Period will be in effect from the date so described in the Launch Program overview.

Notice and duration

Once commenced, we may extend the duration of the Early Access Period at our discretion. Where the Early Access Period is extended we will provide such notice to you on our website and via any other means we deem appropriate.

Claims Period overview

What is a Claims Period?

In order to meet ICANN’s requirements, Claims Periods will operate at certain stages during our Launch Program for the TLD.

Throughout the time when a Claims Period operates, during the process of making an Application for a domain name, the Applicant will be notified (via a Claims Notice) if the applied for Label is a Trademark Match to a Trademark Record in the Trademark Clearinghouse. Where that Label is Allocated, the Trademark Holder with the corresponding Trademark Record will be notified of such by the TMCH Sunrise and Claims Operator.

How does a Claims Period operate?

The Claims Notice forms part of the process of submitting an Application for a domain name, and the Applicant for the domain name will be required to acknowledge the information contained within the Claims Notice before processing the Application.

When will a Claims Period operate for the TLD?

The Claims Period will be in effect during the first 90 calendar days after the commencement of General Registration.

The Claims Period will be in effect from the date so described in the Launch Program overview.

Notice and duration

Once commenced we may extend the duration of the Claims Period at our discretion. Where the Claims Period is extended we will provide such notice to you on our website and via any other means we deem appropriate.

3.2 Basic requirements of an application

Applications for domain names are subject always to the eligibility requirements of the TLD. These requirements can be found in this policy and our Registration Policy.

In submitting an Application you acknowledge that the Application, and if successful the subsequent Allocation of the domain name, are subject to the Published Policies.

In addition to the information that may be required by ICANN, the TMCH Sunrise and Claims Operator, and the Registrar, Applicants must supply any information regarding a domain name that may be required by us, as described in the Published Policies.

All Applications must specify the period under which the Application is being submitted and contain any such information that is required of that period as described in this policy.

Applications may only be submitted once the period to which the Application relates has commenced.

Successful Applicants must enter into an agreement for the domain name with their chosen Registrar.

Availability of domain names

All Applications for domain names are subject to the requested domain name’s availability.

During any of the periods described in this policy a domain name may:

  • be reserved or restricted; or
  • have been previously Allocated; or
  • be eligible for Allocation to another entity; or
  • be the subject of an Application that is being currently being processed by the auction provider.

Our Registration Policy describes the types of Labels that will be reserved or restricted in the TLD.

Premium domain names

We may, at our discretion, reserve certain domain names that will be made available for registration through an auction process or at a premium fixed price.

Such domain names may be subject to a premium registration fee that is independent of any fee paid at auction.

Our Registration Policy describes our treatment of premium names.

Processing of Applications

Applications for domain names will be processed by us at the conclusion of the relevant period of the Launch Program.

We will perform technical substantiation of information received in relation to an Application with the TMCH Sunrise and Claims Operator.

For the purpose of processing Applications for domain names, all Applications received during the Launch Program will be deemed to have been received at the conclusion of the period to which they relate.

Making domain names Eligible for Allocation

Overview

For each of the periods described during the Launch Program, we will determine if there is more than one Application for the same domain name.

Where there are multiple Applications for the same domain name during any given period, and each of the Applications meets the requirements of our policy then, those Applications will be subject to the contention resolution mechanism described in relation to that period.

We will make domain names Eligible for Allocation according to the order of precedence.

Order of precedence

This Launch Program describes the following two concurrent periods during which Applications may be submitted;

  • Sunrise Period; and
  • Early Access Period.

Subject always to our operation of the Qualified Launch Program, our processing of Applications and our making of an Application for a domain name Eligible for Allocation will be conducted in the following order:

  • Sunrise Period; followed by
  • Early Access Program.

Therefore if a domain name has an Application as a result of the Sunrise Period, that Application will take precedence over an Application received as a result of the Early Access Period.

Un-Allocated Applications

Where an Application is not Allocated within 120 calendar days of being made Eligible for Allocation, that Application shall be considered abandoned and the applied for domain name may:

  • Become available in:
  • A subsequent period as described in this policy; or
  • General Registration; or
  • Be reserved or restricted by us, subject to this and any other applicable policy issued by us or ICANN.

Our policy and your representations and warranties

All domain names or Applications for domain names as the case may be, are subject to our policies and policies, procedures and requirements as issued by ICANN.

Our policy documents are located in the Policies section of our website.

Without limiting any other agreement or policy, by submitting an Application for a domain name an Applicant will be deemed to have warranted that:

  • it has the authority to make an Application;
  • the information provided is current, complete and accurate, and the Applicant agrees to correct and update the information to ensure it remains current, complete and accurate;
  • any information the Applicant may have provided to the TMCH Sunrise and Claims Operator is true and correct; and
  • where the Application relates to a Sunrise Period, to the best of the Applicant’s knowledge the requested Label is a Trademark Match to the Validated Mark.

The Applicant and the Registrar understand and acknowledge:

  • that the act of submitting an Application for a domain name in no way guarantees the domain name will be Allocated to the Applicant;
  • that, where multiple Applications are received for a domain name, those Applications may be subject to the contention resolution mechanisms as described in this policy which may include auctions or the rejection of an Application, and agree to the terms of those mechanisms;
  • that the fees in relation to a domain name are separate to any fee paid in relation to the auction process; and
  • That we may prevent an Applicant from making an Application and registering or renewing a domain name where that Applicant has been found to be in breach of our policy.

By submitting an Application for a domain name the Applicant and the Registrar agree:

  • to be subject to the Published Policies, and acknowledge that any domain name may be subjected to a dispute resolution process, and that the outcome of such process may result in the domain name registration being transferred to another entity, being suspended or cancelled;
  • that we reserve the right to deny any Application, or cancel, lock, place on hold, transfer or delete any domain name or transaction that we deem necessary, in our sole discretion:
    • to protect the integrity and stability of the Service;
    • to comply with our obligations;
    • to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution policies or process;
    • to avoid any liability, civil or criminal, on our part, as well as our affiliates, subsidiaries, officers, directors, employees and subcontractors;
    • to ensure compliance with the Published Policies;
    • for the non-payment to us of any fee; or
    • to correct mistakes made by us or any Registrar, or any of its service providers in connection with an Application or a domain name.
  • to indemnify and keep us (including our employees, agents and subcontractors) fully indemnified from and against all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses, that may be made or brought against or suffered or incurred by us, arising out of or in connection in any way, with your breach of any policy or agreement that you may have with us.

3.3 Operation of the Sunrise Period

Eligibility

Participation in the Sunrise Period is restricted to Applicants who meet the following Sunrise Eligibility Requirements.

The Applicant must:

  • make an Application for the domain name via their chosen Registrar;
  • have been issued with an SMD File from the TMCH Sunrise and Claims Operator; and
  • comply with the eligibility requirements of the TLD as described in our Registration Policy.

As described in the Trademark Clearinghouse Guidelines that may be found at the following link www.trademark-clearinghouse.com and reproduced in part below, a SMD File will be issued by the TMCH Sunrise and Claims Operator to the holder of a word mark that:

  • is nationally or regionally registered and for which proof of use (which can be a declaration and a single specimen of current use) was submitted to, and validated by, the TMCH Sunrise and Claims Operator;
  • has been court-validated; or
  • has been specifically protected by a statute or treaty currently in effect and that was in effect on or before 26 June 2008.

For further information on how to obtain an SMD File please see the Trademark Clearinghouse Guidelines that may be found at the following link: www.trademark-clearinghouse.com.

Registration term

A domain name Allocated as a result of a Sunrise Period may be created for a term of between 2 and 10 years.

Contention resolution

Where there are multiple Applications for the same domain name as a result of the Sunrise Period these Applications will proceed to auction. The auction will be conducted in accordance with the auction rules.

Any auction fees, charges and the final bid price for the domain name will be the responsibility of the Applicant.

Where notified of the result of an auction we will classify the domain name as Eligible for Allocation to the successful bidder.

3.4 Operation of the Early Access Period

Early Access Period Eligibility Requirements

Participation in Early Access Period is open to Applicants who comply with the eligibility requirements of the TLD as described in our Registration Policy which can be found at the following link: http://nic.film/

Registration term

A domain name Allocated as a result of the Early Access Period may be created for a term of between 1 and 10 years.

Contention resolution

The order of precedence shall be applied to all Applications submitted during the Early Access Period.

Where there are multiple Applications for the same domain name as a result of the Early Access Period these Applications will proceed to auction. The auction will be conducted in accordance with our auction rules.

Where there is an Application for a domain name as a result of the Early Access Period that is the same as two or more Applications that are subject to contention resolution for the Sunrise Period then that Application shall be rejected. The Applicant may apply for the domain name during General Registration subject to the domain name’s availability.

Any auction fees, charges and the final bid price for the domain name will be the responsibility of the Applicant.

Where notified of the result of an auction we will ensure that the domain name is Eligible for Allocation to the successful bidder.

4 Definition and review

This document has been prepared and published to represent our policy regarding the administrative and technical management of the TLD.

All domain names in the TLD are subject to the Published Policies. It is your responsibility to ensure that you read and understand these policies as they apply to you. We may discontinue or amend any part or the whole of this policy from time to time at our absolute discretion.