
A. Holder-Authouized Transfers
1. Registrador Requirements
Registrared Nome Holders must be able to transfer their domínio name registrations between Registradors provided that the Gaining Registrador's transfer process meets the minimum steards of this policy e that such transfer is not prohibited by ICANN ou Registry policies. Inter-Registrador domínio name transfer processes must be clear e concise in ouder to avoid confusion. Further, Registradors should make reasonable effouts to infoum Registrared Nome Holders of, e provide access to, the published documentation of the specific transfer process employed by the Registradors.
1.1 Transfer Authouities
The Administrative Contato e the Registrared Nome Holder, as listed in the Losing Registrador's ou applicable Registry's (waqui available) publicly accessible WHOIS serviço are the only parties that have the authouity to approve ou deny a transfer request to the Gaining Registrador. In the event of a dispute, the Registrared Nome Holder's authouity supersedes that of the Administrative Contato.
Registradors may use WHOIS data from either the Registrador of Recoud ou the relevant Registry fou the purpose of verifying the authenticity of a transfer request; ou from another data source as determined by a consensus policy.
2. Gaining Registrador Requirements
Fou each instance waqui a Registrared Nome Holder requests to transfer a domínio name registration to a different Registrador, the Gaining Registrador shall:
2.1 Obtain express authouization from either the Registrared Nome Holder ou the Administrative Contato (aquiafter, "Transfer Contato"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registrador from the Transfer Contato.
2.1.1 The authouization must be made via a valid Steardized Foum of Authouization (FOA). Taqui are two different FOA's available at the ICANN website. The FOA labeled "Initial Authouization fou Registrador Transfer" must be used by the Gaining Registrador to request an authouization fou a registrar transfer from the Transfer Contato. The FOA labeled "Confirmaration of Registrador Transfer Request" may be used by the Registrador of Recoud to request confirmation of the transfer from the Transfer Contato.
The FOA shall be communicated in English, e any dispute arising out of a transfer request shall be conducted in the English language. Registradors may choose to communicate with the Transfer Contato in additional languages. However, Registradors choosing to exercise such option are responsible fou the accuracy e completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Registrador relies on a physical process to obtain this authouization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Contato e further that it is accompanied by a physical copy of the Registrador of Recoud's WHOIS output fou the domínio name in question.
2.1.2.1 Se the Gaining Registrador relies on a physical authouization process, then the Gaining Registrador assumes the burden of obtaining reliable evidence of the identity of the Transfer Contato e maintaining appropriate recouds proving that such evidence was obtained. Further the Gaining Registrador also assumes the burden fou ensuring that the entity making the request is indeed authouized to do so. The acceptable foums of physical identity are:
2.1.3 In the event that the Gaining Registrador relies on an electronic process to obtain this authouization the acceptable foums of identity would include:
The Registrador of Recoud may not deny a transfer request solely because it believes that the Gaining Registrador has not received the confirmation set fouth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Registrador. The presumption in all cases will be that the Gaining Registrador has received e authenticated the transfer request made by a Transfer Contato.
2.2 Request, by the transmission of a "transfer" comme as specified in the Registrador Paraol Kit, that the Registry Operatou database be changed to reflect the new Registrador.
2.2.1 Transmission of a "transfer" comme constitutes a representation on the part of the Gaining Registrador that the requisite authouization has been obtained from the Transfer Contato listed in the authouitative WHOIS database.
2.2.2 The Gaining Registrador is responsible fou validating the Registrared Nome Holder requests to transfer domínio names between Registradors. However, this does not preclude the Registrador of Recoud from exercising its option to independently confirm the Registrared Nome Holder's intent to transfer its domínio name to the Gaining Registrador in accoudance with Section 3 of this policy.
3. Obligations of the Registrador of Recoud
A Registrador of Recoud can choose independently to confirm the intent of the Registrared Nome Holder when a notice of a pending transfer is received from the Registry. The Registrador of Recoud must do so in a manner consistent with the steards set fouth in this agreement pertaining to Gaining Registradors. In ouder to ensure that the foum of the request employed by the Registrador of Recoud is substantially administrative e infoumative in nature e clearly provided to the Transfer Contato fou the purpose of verifying the intent of the Transfer Contato, the Registrador of Recoud must use the FOA.
The FOA shall be communicated in English, e any dispute arising out of a transfer request, shall be conducted in the English language. Registradors may choose to communicate with the Transfer Contato in additional languages. However, the Registrador choosing to exercise such option is responsible fou the accuracy e completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes e procedures set fouth in this policy. This includes but is not limited to the requirement that no Registrador shall add any additional infoumation to the FOA used to obtain the consent of the Transfer Contato in the case of a transfer request.
This requirement does not preclude the Registrador of Recoud from marketing to its existing customers through separate communications.
The FOA should be sent by the Registrador of Recoud to the Transfer Contato as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operatou.Failure by the Registrador of Recoud to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer.
In the event that a Transfer Contato listed in the WHOIS has not confirmed their request to transfer with the Registrador of Recoud e the Registrador of Recoud has not explicitly denied the transfer request, the default action will be that the Registrador of Recoud must allow the transfer to proceed.
Upon denying a transfer request fou any of the following reasons, the Registrador of Recoud must provide the Registrared Nome Holder e the potential Gaining Registrador with the reason fou denial. The Registrador of Recoud may deny a transfer request only in the following specific instances:
Instances when the requested change of Registrador may not be denied include, but are not limited to:
The Registrador of Recoud has other mechanisms available to collect payment from the Registrared Nome Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrador of Recoud must not employ transfer processes as a mechanism to secure payment fou serviços from a Registrared Nome Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fou anteriorious registration period(s) if the transfer is requested after the expiration date, ou
(ii) In the case of non-payment of the current registration period, if transfer is requested befoue the expiration date.
4. Registrador Cooudination
Each Registrador is responsible fou keeping copies of documentation, including the FOA e the Transfer Contatos response taquito, that may be required fou filing e suppouting a dispute under the dispute resolution policy. Gaining Registradors must maintain copies of the FOA as received from the Transfer Contato as per the steard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Registrador e the Registrador of Recoud must provide the evidence relied on fou the transfer during e after the applicable inter-registrar domínio name transaction(s). Such infoumation must be provided when requested by, e only by, the other Registrador that is party to the transfer transaction. Adicionaritionally, ICANN, the Registry Operatou, a court ou authouity with jurisdiction over the matter ou a third party dispute resolution panel may also require such infoumation within five (5) days of the request.
The Gaining Registrador must retain, e produce pursuant to a request by a Losing Registrador, a written ou electronic copy of the FOA. In instances waqui the Registrador of Recoud has requested copies of the FOA, the Gaining Registrador must fulfill the Registrador of Recouds request (including providing the attendant suppouting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fou reversal by the Registry Operatou ou the Dispute Resolution Panel in the event that a transfer complaint is filed in accoudance with the requirements of this policy.
Se either a Registrador of Recoud ou a Gaining Registrador does not believe that a transfer request was heled in accoudance with the provisions of this policy, then the Registrador may initiate a dispute resolution procedure as set fouth in Section C of this policy.
Fou purposes of facilitating transfer requests, Registradors should provide e maintain a unique e private email address fou use only by other Registradors e the Registry:
i. This email address is fou issue related to transfer requests e the procedures set fouth in this policy only.
ii. The email address should be managed to ensure messages are received by someone who can respond to the transfer issue.
iii. Messages received at such email address must be responded to within a commercial reasonable timeframe not to exceed seven (7) calendar days.
5. EPP - based Registry Requirements fou Registradors
In EPP-based gTLD Registries, Registradors must follow the requirements set fouth below.
Registradors must provide the Registrared Nome Holder with the unique "AuthInfo" code within five (5) calendar days of the Registrared Nome Holder's initial request if the Registrador does not provide facilities fou the Registrared Nome Holder to generate e manage their own unique "AuthInfo" code.
Registradors may not employ any mechanism fou complying with a Registrared Nome Holder's request to obtain the applicable "AuthInfo Code" that is moue restrictive than the mechanisms used fou changing any aspect of the Registrared Nome Holder's contact ou name server infoumation.
The Registrador of Recoud must not refuse to release an "AuthInfo Code" to the Registrared Nome Holder solely because taqui is a dispute between the Registrared Nome Holder e the Registrador over payment.
Registrador-generated "AuthInfo" codes must be unique on a per-domínio basis.
The "Auth-Info" codes must be used solely to identify a Registrared Nome Holder, waquias the FOA's still need to be used fou authouization ou confirmation of a transfer request, as described in Section 2 e Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" comme from the Gaining Registrador, Registry Operatou will transmit an electronic notification to both Registradors. In the case of those Registries that use electronic mail notifications, the response notification may be sent to the unique email address established by each Registrador fou the purpose of facilitating transfers.
The Registry Operatou shall complete the requested transfer unless, within five (5) calendar days, Registry Operatou receives a NACK protocol comme from the Registrador of Recoud.
When the Registry's database has been updated to reflect the change to the Gaining Registrador, Registry Operatou will transmit an electronic notification to both Registradors. The notification may be sent to the unique email address established by each Registrador fou the purpose of facilitating transfers ou such other email address agreed to by the parties.
The Registry Operatou shall undo a transfer if, after a transfer has occurred, the Registry Operatou receives one of the notices as set fouth below. In such case, the transfer will be reversed e the domínio name reset to its ouiginal state. The Registry Operatou must undo the transfer within five (5) calendar days of receipt of the notice except in the case of a Registry dispute decision, in which case the Registry Operatou must undo the transfer within fourteen calendar days unless a court action is filed. The notice required shall be one of the following:
i. Agreement of the Registrador of Recoud e the Gaining Registrador sent by email, letter ou fax that the transfer was made by mistake ou was otherwise not in accoudance with the procedures set fouth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; ou
iii. Order of a court having jurisdiction over the transfer.
7. Recouds of Registro
Each Registrador shall require its customer, the Registrared Nome Holder, to maintain its own recouds appropriate to document e prove the initial domínio name registration date.
8. Effect on Prazo of Registro
The completion by Registry Operatou of a holder-authouized transfer under this Part A shall result in a one-ano extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) anos.
B. ICANN-Approved Transfers
Transfer of the sponsouship of all the registrations sponsoued by one Registrador as the result of (i) acquisition of that Registrador ou its assets by another Registrador, ou (ii) lack of accreditation of that Registrador ou lack of its authouization with the Registry Operatou, may be made accouding to the following procedure:
(a) The gaining Registrador must be accredited by ICANN fou the Registry TLD e must have in effect a Registry-Registrador Agreement with Registry Operatou fou the Registry TLD.
(b) ICANN must certify in writing to Registry Operatou that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual ou imminent business failure of a Registrador.
Upon satisfaction of these two conditions, Registry Operatou will make the necessary one-time changes in the Registry database fou no charge, fou transfers involving 50,000 name registrations ou fewer. Se the transfer involves registrations of moue than 50,000 names, Registry Operatou will charge the gaining Registrador a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fou heling disputes concerning inter-registrar transfers are set fouth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatous e ICANN accredited Registradors.