ICANN intends to evaluate applications to become the successor operator
for the .org top-level domain in as open and transparent a manner as is
reasonably feasible. At the same time, however, ICANN recognizes that
to encourage applicants to provide all documents and information relevant
to the application, it is appropriate to afford applicants the opportunity
to submit legitimate trade-secret information with a request for confidential
handling by ICANN.
Except to the extent that it expressly agrees otherwise in writing, ICANN
will be free to disclose and use information submitted in connection with
an application in any manner and to anyone it deems appropriate. If the
applicant wishes ICANN to accord confidential treatment to any material
in its application or otherwise submitted in connection with the application,
the applicant must expressly request confidential treatment of that material
in this statement and mark the material with the legend "CONFIDENTIAL."
Applicants are strongly encouraged to avoid, or at least to minimize,
requests for confidential treatment of material in applications or submitted
in connection with applications.
Any request for confidential handling will be reviewed for confidentiality
by ICANN staff before further consideration of the material to which the
request relates. ICANN will promptly notify the applicant of the extent to
which ICANN is willing to agree to treat the designated material in a
as confidential and the manner in which ICANN is willing to handle that
material, requesting a response from the applicant within two business
days. If ICANN is not willing to agree to the applicant's request for
confidential handling in its entirety, ICANN and the applicant will discuss
the matter in an effort to reach a written agreement on confidential treatment
of materials. Only a written agreement, signed by ICANN's President or
Vice-President, will be binding on ICANN.
In the event the applicant requests confidential treatment of materials
and ICANN and the applicant do not agree on provisions for confidential
treatment within a period designated by ICANN, ICANN will, to the extent
of the disagreement, delete all material submitted by applicant that is
subject to applicant's request for confidentiality. The deleted information
will then cease to be part of the applicant's application and will not
be considered by ICANN in reviewing the application, nor will the deleted
information be disclosed or otherwise used by ICANN. After being advised
of what has been deleted, the applicant will be offered (for two business
days) the opportunity to withdraw the application and obtain a refund
of the US$35,000 interim evaluation fee. ICANN intends to use reasonable
efforts to meet the timing and related requirements of this section I,
but shall not be liable for failing to meet them.
By signing this Statement of Requested Confidential Treatment of Materials
Submitted, the undersigned certifies that he or she has authority to do
so on behalf the applicant. The undersigned agrees on behalf of himself
or herself and the applicant to the procedure described in section
I of this statement and that there is no claim to confidential treatment
for any material submitted by applicant not clearly identified in response
to item E3.1 and marked "CONFIDENTIAL."
The undersigned agrees, on his or her own behalf and on behalf of the
applicant and each of its officers, directors, employees, consultants,
attorneys, agents, partners, and joint venturers, that neither ICANN,
nor any of its officers, directors, employees, consultants, attorneys,
and agents, shall have any monetary liability for disclosure or use of
submitted materials contrary to the procedure described in section
I of this statement, except where that disclosure or use is done to
maliciously harm applicant.