[ga] RAA/Obligations?

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

I am just a plain old boy, or at least I try to be, and I like plain language and when I review a contract that has language regarding obligations of one party I take it seriously. The entire language under under this section looks like a cut and paste job agreed to by politicians. It is not even the result but rather what is shown to be the method of coming to this language.
  I am quite confident that a group from here can do better.
   
   
  In perusing the RAA I found the following disconcerting;
   
  2. ICANN OBLIGATIONS.
    2.1 Accreditation. During the Term of this Agreement, Registrar is hereby accredited by ICANN to act as a registrar (including to insert and renew registration of Registered Names in the Registry Database) for the TLD(s) that are the subject of appendices to this Agreement according to Subsection 5.5.
  2.2 Registrar Use of ICANN Name and Website. ICANN hereby grants to Registrar a non-exclusive, worldwide, royalty-free license during the Term of this Agreement (a) to state that it is accredited by ICANN as a registrar for each TLD that is the subject of an appendix to this Agreement and (b) to link to pages and documents within the ICANN web site. No other use of ICANN's name or website is licensed hereby. This license may not be assigned or sublicensed by Registrar.
  2.3 General Obligations of ICANN. With respect to all matters that impact the rights, obligations, or role of Registrar, ICANN shall during the Term of this Agreement:
    2.3.1 exercise its responsibilities in an open and transparent manner;
  2.3.2 not unreasonably restrain competition and, to the extent feasible, promote and encourage robust competition;
  2.3.3 not apply standards, policies, procedures or practices arbitrarily, unjustifiably, or inequitably and not single out Registrar for disparate treatment unless justified by substantial and reasonable cause; and
  2.3.4 ensure, through its reconsideration and independent review policies, adequate appeal procedures for Registrar, to the extent it is adversely affected by ICANN standards, policies, procedures or practices.
   
   
   
   

       
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