.CAREER Sunrise Dispute Resolution Policy
This Sunrise Dispute Resolution Policy (the “SDRP”) is incorporated by reference into the Registration
Agreement. This SDRP is effective as of October 9, 2013. An SDRP Complaint may be filed against adomain name registered during the .CAREER TLD sunrise period until 90 days after the close of theSunrise Period.

1. Purpose
Domain names in the .CAREER TLD (“the TLD”) can be registered by third parties, by the Registry, orreserved by the Registry. This SDRP describes the process and standards that will be applied to resolvechallenges alleging that a domain name has been registered in violation of the Registry’s SDRP criteria.
This SDRP will not be applied to names registered by the Registry or to Registry-reserved names in theTLD.

2. Applicable Disputes
Only a registered domain name (i.e. identified with a registrant of record and a sponsoring registrar) in
the TLD requested during the Sunrise period (together, a complete “Sunrise Registration”) will be
subject to an administrative proceeding upon submission of a complaint that the Sunrise Registration
was improper under one or more of the following criteria.
a. Improper Sunrise Registration-Trademarks1
A complaint under this section shall be required to show by clear and convincing evidence that aregistered domain name in the TLD does not comply with the provisions of the Registry’s Sunrise
Program. The complaint must prove one or more of the following elements:
i.

ii.

1

at time the challenged domain name was registered, the registrant did not hold a trademark
registration of national effect (or regional effect) or the trademark had not been courtvalidated or protected by statute or treaty;
the domain name is not identical to the mark on which the registrant based its Sunrise
registration2;

Applicant Guidebook 4 June 2012, Module 5, Page 8, Article 6.2.4. A dispute under this section also addresses
the TLD Criteria from ICANN’s Trademark Clearinghouse Rights Protection Mechanism Requirements [published 30
September 2013], Article 2.3.6 and Article 2.3.1.4. The Forum’s SDRP does not interact with (nor instruct) theTrademark Clearinghouse and is limited to adjudicating disputes over the Registry’s registration and allocation ofdomain names during the sunrise period.
2For the purposes of analysis of this element, neither the gTLD itself, nor the “dot,” shall be considered.

iii.

iv.

the trademark registration on which the registrant based its Sunrise registration is not of
national effect (or regional effect) or the trademark had not been court-validated orprotected by statute or treaty; or
the trademark registration on which the domain name registrant based its Sunrise
registration did not issue on or before the date specified by the Registry in its Sunrise
Criteria.

3. Evidence and Defenses
a. EvidencePanelists will review the Registry’s Sunrise Criteria, allocation requirements, or community-based
eligibility requirements which are required to be submitted with the Complaint, as applicable, in making
its decision.
b. Defenses
Harmless error. A Respondent may produce evidence to show that, although the sunrise registration
was granted based on submission of the wrong documents, or documents containing an error, the trueand correct evidence existed at the time the sunrise registration was applied for and, thus, theregistration would have been granted.

4. RemediesThe remedies available to a complainant for a proceeding under this SDRP shall be limited to:a. Improper Sunrise Registration
If the Panelist finds that the domain name was improperly registered during the Sunrise period, the sole
remedy for a Complaint filed under SDRP 2(a) shall be cancellation of the registration and return of thecancelled domain name to the pool of available names available for registration in the TLD. If theComplainant independently qualifies to register the domain name, either as a regular or
defensive/blocking registrant, such application may be made to the Registry, or registrar, as applicable.

5. Procedurea. Dispute Resolution Provider / Selection of Procedure
A Complaint under this SDRP shall be submitted to the National Arbitration Forum (“Forum”) bysubmitting the complaint directly to the Forum. The Forum will administer the proceeding and select aqualified and eligible Panelist (“Panelist”). The Forum has established Rules for National Arbitration
Forum’s Sunrise Dispute Resolution Policy (“Rules”), setting forth a fee schedule and other technical andprocess requirements for handling a dispute under this SDRP. The proceedings under this SDRP will beconducted according to this SDRP and the applicable Rules of the Forum.

b. Registry’s or Registrar’s Involvement
Neither the Registry nor registrar will participate in the administration or conduct of any proceeding
before a Panelist. In any event, neither the Registry nor the registrar is or will be liable as a result of any
decisions rendered by the Panelist. Any sunrise-registered domain names in the TLD involved in a SDRP
proceeding will be locked against transfer to another domain name holder or another registrar during
the course of a proceeding3. The contact details of the holder of a registered domain name in the TLD,against which a complaint has been filed, will be as shown in the registrar’s publicly available Whois
database record for the relevant registrant. The Registry and the applicable registrar will comply withany Panelist decision and make all appropriate changes to the status of the domain name registration(s)in their Whois databases.
c. Parties
The registrant of a registered domain name in the TLD shall be promptly notified by the Forum of thecommencement of a dispute under this SDRP, and may contest the allegations of the complaint or show
other cause why the remedy requested in the complaint should not be granted in accordance with thisSDRP. In all cases, the burden of proof shall be on the complainant, and default or other failure of theholder of the registered domain name shall not constitute an admission to any allegation of thecomplaint. The Forum shall promptly notify all named parties in the dispute, as well as the registrar andthe Registry of any decision made by a Panelist.
d. Decisions(i) The Panelist may state the basis on which the decision is issued in summary format and may include
such commentary or guidance as the Panelist deems appropriate;(ii) the decision shall state whether a registered domain name in the TLD is to be cancelled (as defined
under #4 “Improper Sunrise Registration”) or the status quo maintained; and(iii) decisions made under this SDRP will be publicly published by the Forum on its website.
e. Implementation of a Lock and the Decision
If a Panelist’s decision requires a change to the status of a registered domain name, the Registry4 willwait ten (10) business days after communication of the decision before implementing that decision,
unless the registrant submits to the Registry (with a copy to the Forum) during that ten (10) day period
official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that theregistrant has commenced a lawsuit to preserve its claimed rights in a court of competent jurisdiction
over the parties and the registered domain name. If such documentation is received no further action
shall be taken until the Registry receives (i) evidence satisfactory to the Registry of an agreed resolution
3A Registry may, though its agreement with registrars, instead require the registrar to perform the lock and/orimplementation steps.
4
A Registry may, though its agreement with registrars, instead require the registrar to perform the lock andimplementation steps.

between the parties; (ii) evidence satisfactory to Registry that registrant’s lawsuit has been dismissed orwithdrawn; or (iii) a copy of an order from such court dismissing such lawsuit or otherwise directing
disposition of the registered domain name.
f. Representations and Warranties
Parties to a dispute under this SDRP shall warrant that all factual allegations made in the course thereof
are true and correct to the best of their knowledge, shall remain subject to all representations andwarranties made in the course of registration of a disputed domain name.

6. Maintaining the Status Quo
During a proceeding under the SDRP, the registered domain name shall be locked against transfers
between registrants and/or registrars and against deletion by registrants.

7. Indemnification / Hold HarmlessThe parties shall hold the registrar, the Registry, the Forum, and the Panelist harmless from any claim
arising from operation of the SDRP. Neither party may name the registrar, the Registry, the Forum, orthe Panelist as a party or otherwise include the registrar, the Registry, the Forum, or the Panelist in any
judicial proceeding relating to the dispute or the administration of the SDRP policy. The parties shallindemnify, defend and hold harmless the registrar, the Registry, the Forum, the Panelist and theirrespective employees, contractors, agents and service providers from any claim arising from the conduct
or result of a proceeding under this SDRP. Neither the registrar, the Registry, Forum, the Panelist andtheir respective employees, contractors, agents and service providers shall be liable to a party for any
act or omission in connection with any administrative proceeding under this SDRP or the corresponding
Rules. The complainant shall be directly and solely liable to the registrant in the event the complaint isgranted in circumstances where the registrant is lawfully entitled to registration and use of theregistered domain name(s) in the TLD.

8. Relation To Other Dispute Resolution Policies
This SDRP is in addition to and complementary with the Uniform Domain Name Dispute Resolution
Policy (“UDRP”), the Uniform Rapid Suspension System (“URS”) and any charter, nexus, or eligibility
dispute policies adopted by ICANN or the Registry.

9. Effect of Other Proceedings
The administrative proceeding under the SDRP shall not prevent either party from submitting a disputeconcerning the registered domain name in the TLD to concurrent administrative proceedings (e.g. UDRPor URS) or to a court of competent jurisdiction for independent resolution during a pending SDRP
administrative proceeding or after such proceeding is concluded. Upon notice of such other proceeding,the SDRP proceeding may be terminated (in the sole discretion of the Panelist) in deference to theoutcome of such other proceeding.

10. SDRP Modifications
The Registry reserves the right to modify this SDRP at any time subject to the terms of its MoU with theForum. Such revised SDRP shall be posted on the Forum Website at least thirty (30) calendar days before
it becomes effective5; unless this SDRP has already been invoked by the submission of a complaint, inwhich event the version of the SDRP in effect at the time it was invoked will apply until the dispute isconcluded. In the event that registrant objects to a change in this SDRP, the sole remedy is to cancel theregistration, provided that registrant will not be entitled to a refund of any fees paid in connection withsuch registration.

5The Forum may correct typographical errors without notice.