.STATEFARM DOMAIN NAME REGISTRATION POLICIESPage 1 of 18

TABLE OF CONTENTS
CHAPTER 1.
Article 1.
Article 2.
Article 3.

Definitions, scope of application and eligibility .............................................................3
Definitions ........................................................................................................................ 3
Scope of application ......................................................................................................... 6
Eligibility ........................................................................................................................... 7

CHAPTER 2.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.

The .STATEFARM Launch Process..................................................................................8
Purpose and principles ..................................................................................................... 8
The .STATEFARM Pre-Launch Phase .................................................................................. 8
Sunrise Phase ................................................................................................................... 8
Trademark Claims Period ................................................................................................ 10
Processing of Applications; Exchange of Information ...................................................... 10

CHAPTER 3.
Article 9.
Article 10.
Article 11.

Domain Name Allocation ...........................................................................................10
Domain Name Allocation for Registry Reserved Names .................................................. 10
Domain Name Allocation during the Sunrise Processes............................................... 1110
Domain Name Allocation during General Availability ...................................................... 11

CHAPTER 4. Dispute Resolution Policies ........................................................................................11
Article 12. Disputes relating to registered Domain Names ............................................................... 11
Article 13. Eligibility Reconsideration Proceedings ........................................................................... 12
CHAPTER 5.
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 26.

General Provisions ..................................................................................................... 12
Domain Name Syntax Requirements; Reserved Names; Registry Reserved Names.......... 12
Term of Registration ....................................................................................................... 13
Amendments .................................................................................................................. 13
Liability........................................................................................................................... 13
Representations and Warranties .................................................................................... 14
Payment of Applicable Fees Due ................................................................................. 1615
Notices ........................................................................................................................... 16
Assignment .................................................................................................................... 16
Severability..................................................................................................................... 16
Waiver............................................................................................................................ 16
Compliance with Law.................................................................................................. 1716
Language ........................................................................................................................ 17
Applicable Law; Jurisdiction ............................................................................................ 17

CHAPTER 6.

Annexes.....................................................................................................................17

Page 2 of 18

CHAPTER 1.
Article 1.

Definitions, scope of application and eligibility

Definitions

Throughout these Policies, the following capitalized terms have the following meaning:
Accredited
Registrarmeans an entity, accredited by ICANN for rendering domainname registration services, that has entered into a RegistryRegistrar Agreement with the Registry;

Applicantmeans a physical person, company or organization in whosename an Application is submitted the Registry;

ApplicantGuidebookmeans the rules and requirements established by ICANN for
applying for a new gTLD, as, made available by ICANN under
http://newgtlds.icann.org/applicants, and in force at the time of
execution of the Registry Operator Agreement;

Applicationmeans a complete, technically correct request for a Domain
Name Registration made with the Registry through an
Accredited Registrar, which complies with all the respective
requirements provided for in the Policies, and in particular the
specific provisions that apply during such respective Phase of
the .STATEFARM launch process within which such request is
made;

Claim

means a request from an Applicant, contained in an Application
submitted to the Registry during the Sunrise Phase, to recognize
its rights within the context of these Policies, including any
Documentary Evidence submitted to the Registry and/or
Trademark Clearinghouse Operator in this respect;

Contacts

means the administrative, technical and billing contacts
associated to a Domain Name Registration;

Disputes Point of means a person designated by the Registry to field inquiries andContacthear disputes between a third party and a Registrant under thisAgreement
Documentary
Evidencemeans the documentation to be provided by (or on behalf of) the
Applicant and/or the Registrant to the Trademark Clearinghouse
Operator and/or the Registry, in accordance with these Policies;

Domain Namemeans a name at the second level within the .STATEFARM TLD;

DomainName means a Domain Name about which the Registry maintains data
Registrationin the Shared Registry System for the .STATEFARM TLD;

Page 3 of 18

DomainName has the meaning ascribed thereto in Article 14.3 hereof;
Specifications
Eligibility
Requirements

means the requirements set out in Annex 2 below;

Eligible
Trademarkmeans a registered trademark that meets the requirements set
out in the most recent version of the Applicant Guidebook andTrademark Clearinghouse Guidelines - and inclusive oftrademarks taken up in Annex 1;

GeneralAvailability

means the process in accordance with the Eligibility
Requirements whereby available Domain Names can beregistered on a first-come, first-served basis, as referred to in
Article 11 hereof;

Geographic
Domain Names

means Domain Names that are identical to country and territory
names as defined in Specification 5 to the Registry Operator
Agreement;

ICANN

means the Internet Corporation for Assigned Names andNumbers (www.icann.org);

Launchmeans the moment when the Registry opens General
Availability to all eligible registrants domain registrations inGeneral Availability

Name
Collision
OccurrenceManagement andReportingMeans that the Registry will follow all steps defined inSpecification 6 to the Registry Operator Agreement and shall not
activate any domain names in the DNS zone for the Registry
TLD except in compliance with a Name Collision Occurrence
Assessment provided by ICANN regarding the Registry TLD.

Phase

means a distinct period of time during which parties meeting therespective Eligibility Requirements are entitled to submit an
Application and/or register Domain Names in conformity with therestrictions in force at that time;

Policies

means these .STATEFARM Domain Name Registration
Policies, including the annexes and any and all interpretative
guidelines published by the Registry in relation hereto, as may
be amended from time to time by the Registry;

Pre-LaunchPhasemeans the timeframe prior to the Sunrise Phase during which
only the Registry is entitled to register Domain Names, that are
Registry Reserved Names;

Registrant

means the person or entity in whose name a Domain Name isregistered;Field Code Changed

Page 4 of 18

Registration Feemeans the fee charged by the Registry to the Accredited
Registrar for the submission of an Application, registration,
cancellation, transfer and/or renewal of a Domain Name;

Registrymeans State Farm Mutual Automobile Insurance Company, withregistered offices in Bloomington, IL;

Registry Operator means the agreement entered into by and between the Registry
Agreement
and ICANN on <Date TBD>;
RegistryRegistrar
Agreement

means the template agreement made available by the Registryon <DATE>;

Registry
Reserved Namemeans a Domain Name mentioned on the list contained in Annex
1 hereto, to be registered in the name of the Registry, or any
specific entity referred to in this list, as may be amended fromtime to time at the Registry’s discretion;

Registry Web Sitemeans the various pages and websites available under
http://www.nic.STATEFARM;

SharedSystemRegistry means the system operated on behalf of the Registry that allows
Accredited Registrars to apply for, register, renew and maintain
Domain Names in the name and on behalf of Registrants;

Sunrise Phasemeans (one of) the distinct timeframe(s) during which Applicants
will be able to pre-register (i.e., reserve for registration) the
Domain Names for which they hold a validated trademark, as
indicated by the Trademark Clearinghouse and/or the Registry;

Sunrise Processmeans the process described in Article 6 hereof;Termmeans the number of years for which a Domain Name isregistered, as indicated by the Registrant in accordance with
Article 15.1;

TLD

means Top Level Domain;

Trademark Claims means the timeframe during which Trademark Claims Services
Periodfor .STATEFARM are provided;
Trademark Claims means the service operated by the Trademark Clearinghouse,
Services
whereby i) notice is given to Applicants of the scope of the rightsof trademark holders who registered their rights in theTrademark Clearinghouse as provided in the Applicant
Guidebook, and ii) the registrar is given the possibility toPage 5 of 18

promptly notify the trademark holders(s) of the registration after
it is effectuated;
Trademark
Clearinghousemeans the system made available by the Trademark
Clearinghouse Operator for implementing the rights protection
mechanisms referred to in the most recent version of the
Applicant Guidebook and/or the Guidelines, Rights Protection
Mechanism Requirements and Policies;

Trademark
Clearinghouse
Operatormeans
theorganization
operating
Clearinghouse, as appointed by ICANN;

UDRP

means the Uniform Dispute Resolution Policy, as adopted by
ICANN and as described in
http://www.icann.org/dndr/udrp/policy.htm;

Field Code Changedmeans the Uniform Rapid Suspension policy, as adopted by
ICANN and as described in
http://newgtlds.icann.org/en/applicants/urs.

Field Code Changed

URS

Article 2.
2.1.

the

TrademarkScope of application

This Policy describes, among other items:

1. the terms under which the Registry can reserve, register, delegate and use Domain
Names, in accordance with Article 2.6, second sentence of the Registry Operator
Agreement;
2. how such Applications can be submitted to the Registry during the different Phases
devised by the Registry, as well as how the Registry will deal with Domain Name
Registration requests, if the Registry would allow at a certain point in time and at its sole
discretion one or more affiliate third parties to register one or more Domain Names, byliberalizing the initial Eligibility Requirements (i.e. the Launch of the .STATEFARM TLD);
3. the way in which such Applications will be processed and, insofar these Applications are
submitted during the Sunrise Period, and validated by the Trademark Clearinghouse
Operator;
4. the rules under which Applications or subsequent Domain Name Registrations may bechallenged; and5. in general, all the technical and administrative measures that the Registry shall use toensure proper, fair, technically sound administration of the .STATEFARM launch and thepreservation of the integrity of the Registry’s trademarks, setting out the basic rules andprocedures applicable to:Applicants or anyone submitting an Application in its own name or on behalf of a third
party with the Registry;
Page 6 of 18






the Registry;
the Accredited Registrars;
any party in whose name a Reconsideration Request is submitted;
any person or entity interested in obtaining a Domain Name.

2.2.
In order to ensure a proper, fair, technically sound administration of the Launch of the.STATEFARM TLD, the Registry has put in place the processes and procedures described in thisPolicy, which will apply to Applications and/or Domain Name Registrations effectuated within
specific timeframes set by the Registry.
2.3.
The Registry may change these Policies, including the conditions and requirements
contained herein at its sole discretion, which changes will enter into effect immediately following
the publication thereof on the Registry Web Site, unless provided otherwise in writing.

Article 3.

Eligibility

3.1.
In order to be eligible to submit an Application or maintain a Registration in the.STATEFARM TLD, the Applicant or Registrant must meet any and all of the criteria set out in the
Eligibility Requirements as set out in Appendix 2 below. The Registry shall be entitled to modify
these criteria at its sole discretion, without any prior notification. These new criteria entering into
force following publication on the Registry Web Site unless stated otherwise in the Eligibility
Requirements.
3.2.
If and when the Registry will allow third parties other than the Registry to register Domain
Names, it will develop and publish further practical details on such launch, if it deems fit.
3.3.
The Registry shall be entitled, at its sole discretion, to reject, revoke, temporarily or
permanently suspend, delete or cancel at any time any Application or resulting Domain Name
Registration if it appears that the Applicant did not fulfil the requirements set out in the Policies at
the time of receipt of the corresponding Application by the Registry. This includes, without
limitation, situations where the Registry receives a notice given by a government or judicial body,indicating that said Application, Domain Name Registration or the content provided thereunder isconsidered defamatory, contrary to public order or morality or otherwise not allowed underapplicable law. The Registrant expressly agrees and accepts that he or she shall not be entitled
to claim any compensation or refund from the Registry when the latter implements such
instruction. The Registry is also entitled to do so if it is of the opinion that the Applicant and/or
Registrant does not meet all of the Eligibility Requirements in force at that time and such noncompliance could directly or indirectly damage, impair or disrupt the reputation and/or activities of
the Registry, the integrity of the STATE FARM brand and/or any of the Registry’s trademarks.
3.4.
The Registry shall at all times be entitled to determine at its sole discretion the nameservers for each Domain Name, and the services associated therewith. Whenever parties otherthan the Registry will be entitled to register Domain Names in the .STATEFARM TLD or obtain
the delegation of certain roles and responsibilities with respect to such Domain Names (asindicated in the additional Contacts associated with such Domain Names), the Registry willdevelop a policy as regards the name servers and services associated with such Domain Names.

Page 7 of 18

The Registry shall at all times be entitled to define and introduce a verification process in order toconfirm that the Application and/or Domain Name Registration has actually been made by a party
meeting the Eligibility Requirements in force during the respective Phases.

CHAPTER 2.
Article 4.

The .STATEFARM Launch Process

Purpose and principles

4.1.
These Policies contain the terms and conditions under which the Registry, Applicants andRegistrants who meet the Eligibility Requirements are provided with the opportunity to reserve,
apply for, register and delegate Domain Names in the .STATEFARM TLD.
4.2.
At any time following the entry into force of the Registry Agreement, the Registry may
reserve, register and delegate any of the Domain Names contained in Annex 1 for its own use.
The Registry may change such Annex 1 at any point in time and at its sole discretion.
4.3.
Any and all Applications or Domain Name Registration requests must be submitted to theRegistry’s Shared Registration System through an Accredited Registrar, who acts on behalf of
the Applicant or Registrant, but for its own account.
4.4.
However, the Registry will only effectuate a Domain Name Registration insofar and to theextent that: the Registrant meets the Eligibility Requirements;
 the Domain Name meets all the criteria set out in these Policies;
 the Domain Name is available; and the Domain Name is not prohibited by ICANN
4.5.
Any Application submitted during the Pre-Launch phase, the Sunrise Process, theTrademark Claims Period or General Availability must meet the relevant terms and conditions as
set out in these Policies. All conditions that are not indicated to relate to a specific phase orprocess (such as, but not limited to, the Eligibility Requirements) apply to all Applications and/or
Domain Name Registrations.
4.6
Furthermore, if the Registry is informed of the fact that a third party holds an Eligible
Trademark to a Domain Name, the Registry shall be entitled to suspend or to cancel such Domain
Name Registration at its sole discretion, at least until sufficient safeguards, representations andwarranties have been obtained from the Registrant and the parties who have directly or indirectly
initiated such trademark claim.

Article 5.

The .STATEFARM Pre-Launch Phase

During the Pre-Launch Phase, the Registry is the only party entitled to register Domain Names in
the .STATEFARM TLD. During this Phase, the Registry shall only register and use Registry
Reserved Names.

Article 6.

Sunrise Phase

Page 8 of 18

6.1.

Overview of the Sunrise Process

The Registry mayshall organize one or more Sunrise Processes in connection with and/or after
the Launch. (If approved as a .Brand TLD by ICANN, the Registry may choose not to organize a
Sunrise Process).
Unless provided otherwise by the Registry, the Sunrise Process shall be a minimum of thirty (30)days and will follow the Trademark Clearinghouse requirements.
6.2.

Validation of Claims during the Sunrise Phase

Applications received during each distinct Sunrise Phase are subject to validation as described inthis Article, which is a condition precedent for the Registry to actually proceed with the registrationof the Domain Name referred to in the Application.
The Registry shall be entitled to impose additional terms and conditions upon Applicants,
Registrants and/or Accredited Registrars as it deems fit, in particular in order to maintain, directly
or indirectly, the integrity and the exclusive character of the Registry and the STATE FARM brand,
and any and all (intellectual property) rights associated therewith.
Following receipt of an Application, the Trademark Clearinghouse Operator shall inform theRegistry of its findings in a manner agreed by and between them.
Upon request of the Registry, the Trademark Clearinghouse Operator will confirm that:

the respective Application corresponds to an Eligible Trademark, as described in the mostrecent version of the Applicant Guidebook and the Trademark Clearinghouse Guidelines
and inclusive of trademarks taken up in Annex 1; and

the Applicant is the registered owner of the Eligible Trademark or, if the Applicant claims
to be a licensee authorized to use the Eligible Trademark by the registered owner of the
Eligible Trademark or the Applicant claims to be the assignee, that the relevant party isauthorized to file the Application.

If the Trademark Clearinghouse Operator and/or the Registry is unable to validate the information
contained in an Application in accordance with the process described above, the Registry shallbe entitled to reject that Application.
6.3.

Use of the Trademark Clearinghouse during the Sunrise Period

Applicants are obliged to have their Application Data pre-validated and, where necessary,corrected by using the Trademark Clearinghouse, which is a facility operated by the Trademark
Clearinghouse Operator if they would like to benefit from the opportunity to register a Domain
Name that corresponds to their Eligible Trademark during the respective Sunrise Phases. By wayof the Trademark Clearinghouse, the Trademark Clearinghouse Operator will provide reasonableassistance to prospective Applicants in order to pre-validate Application Data and, where
necessary, correct such data in order to enable Applicants to submit accurate and up-to-date
Applications to the Registry in accordance with the terms and conditions of the Trademark
Clearinghouse Operator.
The use of the Trademark Clearinghouse during the Sunrise Period is mandatory.
Page 9 of 18

Furthermore, the Applicant must use the services of an Accredited Registrar in order to submit
the actual Application on the basis of the information that has been pre-validated and provided by
the Trademark Clearinghouse.
6.4.

Claims, information to be included in Applications during the Sunrise Period

The information contained in the Application shall be the initial basis on which the Trademark
Clearinghouse Operator shall attempt to validate the Applications and the Claims made therein.
It is the Applicant’s responsibility to ensure that the information provided in an Application (Claim)
is correct, complete, legible, accurate and otherwise sufficient to verify on a prima facie basis thevalidity of such Claim. The Registry cannot be held liable for any failure to provide information
and Documentary Evidence in accordance with the foregoing standard, regardless of whether an
Application is accepted or rejected.
Following the Registry’s decision to register a Domain Name in the name of a particular Applicant,such Applicant will become the Registrant of such Domain Name.

Article 7.

Trademark Claims Period

After the first Sunrise Phase, Trademark Claims Services shall be provided during the first ninety(90) days following the Launch. Trademark Claims Services shall also be provided during the firstninety (90) days following subsequent Sunrise Phases.

Article 8.

Processing of Applications; Exchange of Information

All Applications shall be submitted to and Domain Name Registrations maintained with theRegistry by an Accredited Registrar.
Considering the fact that the Registry’s Shared Registration System is the one and only
authoritative database for Domain Names registered in the .STATEFARM TLD, neither theRegistry nor the Trademark Clearinghouse Operator shall be entitled to amend or cancel
Applications or Application Data, unless such Application Data has been processed through theTrademark Clearinghouse.
Supplementary information may be requested via email or other communication media as
appropriate. Under normal circumstances, the Accredited Registrar is responsible for all
Applications submitted as specified in the Registry-Registrar Agreement. Assistive notifications
or requests for (additional) Documentary Evidence may, however, be sent to the Applicant directlyby the Accredited Registrar.

CHAPTER 3.
Article 9.

Domain Name Allocation

Domain Name Allocation for Registry Reserved Names

The Registry shall determine at its sole discretion how and when the Domain Names mentionedon the list contained in Annex 1 hereto shall be registered and used.
Page 10 of 18

Article 10.
10.1.

Domain Name Allocation during the Sunrise Processes

Single Applications

Domain Names for which only one Application is received by the Registry during the respective
Phase, and are successfully verified according to these Policies will be registered in the name of
the respective Applicant.
10.2.

Multiple Applications

If more than one Application of a particular available Domain Name has been received during aparticular Sunrise Phase, and more than one of the Claims contained therein were successfully
verified, as set out in these Policies, the relevant Applicants will be invited to come to an amicablesettlement. If no so such settlement has been obtained within the timeframe indicated by theRegistry, the Registry can decide (or not) to register such Domain Name in the name of aparticular Applicant, at its sole discretion and without being obliged to motivate its decision.
10.3.

Name Collision Applications

The registry reserves the right to allocate domain names listed on the Name Collision Occurrence
Assessment provided by ICANN during the Pre-Launch phase, the Sunrise Process, theTrademark Claims Period or General Availability, but will not activate any names in the DNS zone
for the Registry TLD except in compliance with said Assessment.

Article 11.

Domain Name Allocation during General Availability

With the exception of Domain Names that have been allocated or reserved in the context of therespective Sunrise Processes and procedures, any party meeting the respective Eligibility
Requirements shall be entitled to request a Domain Name Registration with the Registry following
the start of General Availability for those eligible Registrants.
The Registry shall effectuate such Domain Name Registration on a first-come, first-served basis,
subject to the terms and conditions laid down herein. This entails that, in principle, the firstcomplete and technically correct request to register a Domain Name submitted by an Accredited
Registrar and received by the Shared Registry System will result in a Domain Name Registration.

CHAPTER 4.
Article 12.
12.1.
Dispute Resolution Policies

Disputes relating to registered Domain Names

Every Registrant acknowledges and accepts:
that any proceedings concerning a Domain Name must be conducted before the
Arbitration Center of the World Intellectual Property Organization (WIPO) in accordancewith the UDRP, the Rules for UDRP and any relevant supplemental rules, as madeavailable on http://www.wipo.int/amc/en/domains/rules/ and/or the Rules for URS and any
relevant
supplemental
rules,
asmadeavailableon
http://newgtlds.icann.org/en/applicants/urs; andPage 11 of 18

Field Code Changed
Field Code Changed

to participate in good faith in any Domain Name dispute initiated by a third party
complainant under the UDRP against the Registrant in compliance therewith and with theRules for UDRP and/or URS.

12.2. Unless agreed upon otherwise by the parties to a Domain Name Dispute or otherwise
stated in the agreement between the Registrant and its Registrar, the language of the proceedings
shall be the language of that agreement.
12.3. Any party may make a request to the Disputes Point of Contact for further clarification or
information with respect to an Application or Domain Name Registration prior to or following theprocedures published on the Registry Web Site. The Disputes Point of Contact may mediate
between the complainant and the Registrant and shall have the right and the powers to suspend,
cancel or delete an Application or Domain Name. No fees are charged by the Registry or the
Disputes Point of Contact in connection with any such mediation or remedy, which shall also be
the only remedy available to the complainant.

Article 13.

Eligibility Reconsideration Proceedings

13.1. If, after an ex officio review by the Registry and/or following submission of a complaint to
the Disputes Point of Contact, the Registry determines that the Registrant or Domain Name
Registration in question did not meet the Eligibility Requirements, the Registry will notify theRegistrant of such failure to meet the Eligibility Requirements.
13.2. The Registrant has ten (10) working days following the notification referred to in Article
13.1 in order to ensure that it is in compliance with the Eligibility Requirements.
13.3. If the Registrant is not in compliance with these requirements within this timeframe, theRegistry will be entitled to suspend and/or delete the respective Domain Name(s) of the Registrant
with no refund of any fees or any other liability to the Registrant.
13.4. No Applicant and/or Registrant shall be entitled to any form of compensation, damages orrefund as a result of a decision by the Registry to suspend or delete a Domain Name, and/or
following the implementation of such decision.

CHAPTER 5.

General Provisions

Article 14.
Domain Name Syntax Requirements; Domain Name Specifications;
Reserved Names; Registry Reserved Names
14.1.






Every Domain Name must meet the following technical and syntax requirements:
the A-label must consist exclusively of the letters A-Z (case insensitive), the numbers 0-9
and the hyphen (“-“), subject to the restrictions set out below;
the Domain Name cannot begin or end with a hyphen (“-“);underlined characters are not allowed;
the Domain Name cannot exceed 63 characters (excluding the TLD);
the Domain Name must have a minimum length of 1 character.

Page 12 of 18

14.2. The Registry reserves the right to make Domain Names available that deviate from theabove syntax requirements at any point in time, under additional or supplemental rules andpolicies.

14.3. Domain Names that are identical to Reserved Names will be unavailable at the time ofdelegation of the .STATEFARM TLD; however, the Registry reserves the right to allocate to andregister a Domain Name mentioned on the list of Reserved Names in the name of a party indicatedby the Registry (or itself).
14.4. Geographic Domain Names will be exclusively registered in the name of the Registry,
unless agreed upon otherwise with the authority competent for giving its consent in accordancewith Specification 5 of the Registry Agreement. Where consents are required prior to theregistration and use of a Geographic Domain Name referred to and in accordance with
Specification 5 of the Registry Agreement, the Applicant will obtain such consents before actuallyregistering, delegating and using these Domain Names.

Article 15.

Term of Registration

15.1. When registering a Domain Name, the Applicant / Registrant must select the number ofyears for which the Domain Name is registered. The Term shall commence on the date ofregistration or renewal of the Domain Name, and shall expire on the same day of the month within
which the Domain Name was registered.
15.2. The Registry is under no obligation to inform the Registrant in advance when the Term isabout to expire.
15.3. The Registry may terminate any Registered Domain Name at any time and for any reason,by giving the Registrant a notice of at least 180 (one hundred and eighty) calendar days, without
the Registrant being entitled to any compensation, refund or damages whatsoever.

Article 16.

Amendments

16.1. The Registry may amend the provisions of this Policy from time to time, whichamendments will take effect at the time they are published on the Registry Web Site (or any othertimeframe indicated therein), without prior notice to Accredited Registrars, Registrants and/or
Applicants. The Registry may furthermore issue interpretative guidelines on the Registry Web Site
regarding the terms and provisions of this Policy.

Article 17.

Liability

17.1. To the extent allowed under governing law, the Registry shall only be liable in cases where
wilful misconduct or gross negligence is proven. In no event shall the Registry be held liable forany indirect, consequential or incidental damages or loss of profits, whether contractual, based
on tort (including negligence) or otherwise arising, resulting from or related to the submission of
an Application, the registration or use of a Domain Name or to the use of the Shared Registry
System or Registry Web Site, even if they have been advised of the possibility of such loss ordamages, including but not limited to decisions taken by the Registry to register, not to register,Page 13 of 18

suspend or cancel the registration or delegation of a Domain Name on the basis of the findingsof or information provided by the Trademark Clearinghouse Operator, or upon receipt of a written
instruction given by a government or judicial body, as well as the consequences of thosedecisions.
17.2. To the extent allowed under applicable law and unless provided otherwise herein, theRegistry’s aggregate liability for damages shall in any case be limited to the amounts paid by the
Accredited Registrar to the Registry in relation to the Application concerned (excluding additional
fees paid by the Applicant to the Accredited Registrar or reseller). The Applicant agrees that no
greater or other damages may be claimed from the Registry (such as, but not limited to, any fees
payable or paid by the Applicant in the context of any proceedings initiated against a decision by
the Registry to register or not to register a Domain Name). The Applicant further agrees to submit
to a binding arbitration for disputes arising from these Policies and related to the allocation of
Domain Names.
17.3. Applicants and Registrants shall hold the Registry harmless from claims filed or disputes
initiated by third parties, and shall compensate the Registry for any costs or expenses incurred ordamages for which they may be held liable as a result of third parties taking action against it on
the grounds that the Applications for or the registration or use of the Domain Name by the
Applicant infringes the rights of a third party, or is deemed contrary to morality, public order orunlawful under applicable laws.
17.4. For the purposes of this Article, the term “Registry” shall also refer to its shareholders,
subsidiaries, members, subcontractors, agents and employees.
17.5. The Registry are not a party to the agreement between an Accredited Registrar and its
Applicants, its Registrants or any party acting in the name and/or on behalf of such Applicants orRegistrants.

Article 18.

Representations and Warranties

18.1. When submitting an Application during the Sunrise Process, the Applicant and its
Accredited Registrar represent and warrant that:

the Applicant is the owner of the Eligible Trademark described in the Application, or is theassignee, or is a licensee, duly authorized by the holder of the Eligible Trademark
described in the Application to use that Eligible Trademark as the basis for that Application;the Eligible Trademark mentioned in the Application is and will be, on the date on which
the Application Data is validated by the Trademark Clearinghouse Operator in the context
of a Sunrise Process, a legally valid, registered and Eligible Trademark;

any Documentary Evidence that is submitted by or on behalf of the Applicant shall be
submitted in accordance with the procedures set out by the Trademark Clearinghouse
Operator and the Registry; any Documentary Evidence submitted shall contain complete,accurate, up-to-date information as required by the Trademark Clearinghouse Operator
and/or the Registry shall not be fraudulent.

18.2. Any Applicant, any party submitting a Domain Name Registration request and any
Registrant represents and warrants that:
Page 14 of 18

to its knowledge, the registration of the Domain Name mentioned in the Application or
Domain Name Registration request will not infringe upon or otherwise violate the rights ofany third party;

it is not submitting the Application or Domain Name Registration request and, uponregistration, will not use the Domain Name for an unlawful purpose, contrary to public
policy or morality, for offensive purposes, to mislead the public and/or contrary to goodand fair business practices; and

it will not knowingly use the Domain Name in violation of any applicable laws or
regulations, including third party interests; and

it will keep the WHOIS information related to the Domain Name accurate and up-to-dateat all times, both with its Accredited Registrar and the Registry.

18.3. When submitting Applications to the Registry, or when effectuating a Domain Name
Registration, the Accredited Registrar will ensure that the Applicant represents and warrants that:

the Application, c.q. the Domain Name 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;

it shall participate in good faith in any proceedings described in these Policies commenced
by or against the Applicant; andthe Domain Name is not defamatory, contrary to public order or morality or unlawful underapplicable laws and regulations and that it shall respect and preserve the integrity and theexclusive character of the Registry and the XXXX brand, and any and all (intellectual
property) rights associated therewith.

18.4. The Accredited Registrar must ensure that Applicants and Registrants expressly
acknowledge and accept that the Registry shall be entitled (but not obliged) to reject an
Application or to delete or transfer a Domain Name Registration:that does not contain complete and accurate information as described in these Policies,
or is not in compliance with any other provision of these Policies; or

to protect the integrity and stability of the Shared Registry System, and/or the operation
and/or management of the .STATEFARM TLD; or

in order to comply with applicable laws and regulations, and/or any decision by acompetent court or administrative authority and/or any dispute resolution service provider
the Registry may retain to oversee the arbitration and mediation of disputes; and/or any
other applicable laws, regulations, policies or decrees; or

to avoid any liability on behalf of the Registry, including their respective affiliates, directors,
officers, employees, subcontractors and/or agents.

Page 15 of 18

18.5. The Registry shall be entitled to suspend or revoke any Domain Name in case of noncompliance or violation of these Policies, and in particular these representations and warranties.

Article 19.

Payment of Applicable Fees Due

If payment is required, the Registry shall only be obliged to accept an Application or Domain
Name Registration request or to renew a Domain Name Registration once it has been
unconditionally paid in full for such service by the Accredited Registrar appointed by the Applicant
or Registrant.
Payment of any fees due, for which the Applicant, and ultimately the Registrant, is solely liable,
must be made with the Registry via an Accredited Registrar. The Registry is not responsible forany failure on the part of the Accredited Registrar in this respect, including where such failure
results in non-registration or cancellation of the Domain Name concerned.

Article 20.

Notices

All notices (to be) given by the Registry hereunder shall be given in writing at the email addressof the Registrant, as provided to the Registry in the Application and/or Domain Name Registration.
All notices to be given to the Registry shall be deemed to have been properly given (i) in paper
form, when delivered in person or via courier service with confirmation of receipt and/or (ii) byelectronic mail, upon confirmation of receipt by the Registry’s email server (Registry’s email
address to be included).

Article 21.

Assignment

Unless expressly provided for otherwise herein, neither party may assign any right or obligation
hereunder without the written consent of the Registry. These Policies shall be binding upon andinure to the benefit of the parties’ respective successors and assigns.

Article 22.

Severability

If any provision of these Policies or any amendments thereto is held to be illegal, invalid, orotherwise unenforceable, such provision will be enforced to the extent possible consistent withthe stated intention of the Registry to maintain a safe and secure registry operation, or, if incapableof such enforcement, will be deemed to be severed and deleted from these Policies, while theremainder of these Policies will continue in full force and effect.

Article 23.

Waiver

No waiver of any right under these Policies shall be deemed effective unless contained in writing
and signed by the party charged with such waiver, and no waiver of any right shall be deemed to
be a waiver of any future right or any other right arising under these Policies. All rights, remedies,
undertakings, obligations and agreements contained in this Agreement shall be cumulative andnone of them shall be a limitation of any other remedy, right, undertaking, obligation or agreement.
Page 16 of 18

Article 24.

Compliance with Law

Neither party subject to these Policies will undertake, cause or permit to be undertaken, any
conduct or activity which is illegal under any laws, decrees, rules or regulations, or would havethe effect of causing another party to be in violation thereof in the execution of the terms andconditions set out herein.

Article 25.

Language

All communications, notices, designations and specifications made under this Agreement shallbe in the English language.

Article 26.

Applicable Law; Jurisdiction

These Policies, as amended from time to time, will be governed by the laws of the state of<STATE> in the United States.
Unless referred to otherwise in Article 12 hereof, any dispute, controversy or claim in relation toor arising under these Policies shall, upon the filing of a complaint, be referred to and finallydetermined by arbitration in accordance with the arbitration rules of the International Chamber ofCommerce. The arbitral tribunal shall consist of three arbiters. The place of arbitration shall be<CITY, STATE> and the arbitration language shall be English. Any such arbitration award shallbe final and binding and may, if necessary, be enforced by a court or authority having jurisdiction.
The foregoing is without any party’s right to seek injunctive or interim relief, which it is authorized
to do in the Courts of the state of <STATE>.

CHAPTER 6.
Annex 1:

Annexes

Registry Reserved Names

The following Domain Names will be registered in the name of the Registry, for the operation
and/or promotion of the .STATEFARM gTLD, and to provide for specific platforms, pages, andservices under the .STATEFARM gTLD:<Registry to provide full list prior to Pre-Launch Phase; registry reserves the right to update list
as it deems necessary>

Annex 2:

Eligibility Requirements and Criteria

All domain name registrations in the .STATEFARM TLD will be registered to, and maintainedby, Registry Operator for its own exclusive use.

Page 17 of 18

Page 18 of 18