TPP Wholesale Domain Terms

Terms defined in the TPP Wholesale Terms & Conditions and which are used in these TPP Wholesale Domain Terms shall have the same meaning, unless the context requires otherwise.

To the extent that any of the below terms and conditions are inconsistent with any other provision in our terms and conditions with you, the below terms and conditions will prevail in respect of the relevant below domain name(s).

These TPP Wholesale Domain Terms are hereby incorporated into the TPP Wholesale Terms & Conditions by reference.

New gTLD Domains^

.ACADEMY, .ACCOUNTANTS, .AGENCY, .ASSOCIATES.BARGAINS, .BIKE, .BOUTIQUE, .BUILDERS, .CAB, .CAMERA, .CAMP, .CAPITAL, .CARDS, .CARE, .CAREERS, .CASH, .CATERING, .CENTER, .CHEAP, .CHURCH, .CLAIMS, .CLEANING, .CLINIC, .CLOTHING, .CODES, .COFFEE, .COMMUNITY, .COMPANY, .COMPUTER, .CONDOS, .CONSTRUCTION, .CONTRACTORS, .COOL, .CREDIT, .CREDITCARD, .CRUISES, .DATING, .DENTAL, .DIAMONDS, .DIGITAL, .DIRECT, .DIRECTORY, .DISCOUNT, .DOMAINS, .EDUCATION, .EMAIL, .ENGINEERING, .ENTERPRISES, .EQUIPMENT, .ESTATE, .EVENTS, .EXCHANGE, .EXPERT, .EXPOSED, .FAIL, .FARM, .FINANCE, .FINANCIAL, .FISH, .FITNESS, .FLIGHTS, .FLORIST, .FOUNDATION, .FUND, .FURNITURE, .GALLERY, .GLASS, .GRAPHICS, .GRATIS, .GRIPE, .GUIDE, .GURU, .HOLDINGS, .HOLIDAY, .HOUSE, .INDUSTRIES, .INSTITUTE, .INSURE, .INTERNATIONAL, .INVESTMENTS, .KITCHEN, .LAND, .LEASE, .LIFE, .LIGHTING, .LIMITED, .LIMO, .LOANS, .MAISON, .MANAGEMENT, .MARKETING, .MEDIA, .PARTNERS, .PARTS, .PHOTOGRAPHY, .PHOTOS, .PICTURES, .PLACE, .PLUMBING, .PRODUCTIONS, .PROPERTIES, .RECIPES, .REISEN, .RENTALS, .REPAIR, .REPORT, .SCHULE, .SERVICES, .SHOES, .SINGLES, .SOLAR, .SOLUTIONS, .SUPPLIES, .SUPPLY, .SUPPORT, .SURGERY, .SYSTEMS, .TAX, .TECHNOLOGY, .TIENDA, .TIPS, .TODAY, .TOOLS, .TOWN, .TOYS, .TRAINING, .UNIVERSITY, .VACATIONS, .VENTURES, .VIAJES, .VILLAS, .VISION, .VOYAGE, .WATCH, .WORKS, .WTF, .ZONE (individually, a Donuts Domain, collectively, the Donuts Domains),

.ACCOUNTANT, .APP, .BABY, .BASKETBALL, .BET, .BID, .BINGO, .BOOK, .BUY, .CAM, .CASINO, .CHARITY, .CHAT, .CRICKET, .DATE, .DELIVERY, .DIET, .DOWNLOAD, .ENERGY, .FAITH, .FASHION, .FOOTBALL, .FORUM, .GAME, .GOLF, .HOCKEY, .HOTEL, .LAW, .LOAN, .LOVE, .MEN, .MONEY, .MOVIE, .MUSIC, .NEWS, .PARTY, .PLAY, .POKER, .RACING, .RESTAURANT, .REVIEW, .RUGBY, .RUN, .SALE, .SCIENCE, .SEARCH, .SHOP, .SOCCER, .SPORT, .STREAM, .TAXI, .TENNIS, .TICKETS, .WEBCAM, .WIN, .WINE, .TRADE (the FFM Domains),

.ACTOR, .DANCE, .DEMOCRAT, .FUTBOL, .KAUFEN, .IMMOBILIEN, .MODA, .NINJA, .PUB, .REVIEWS, .SOCIAL (the United Domains),
.BLACKFRIDAY, .CHRISTMAS, .GUITARS, .HIPHOP, .LINK, .SEXY, .TATTOO, .PHOTOS, .PICS (the UniRegistry Domains),

.NAGOYA, .TOKYO, .YOKOHAMA (the GMO Domains),

.BAR
.BUILD
.BUZZ
.CEO
.CLUB
.KIWI
.LONDON
.LUXURY
.MELBOURNE
.MENU
.PRICES
.SYDNEY

Collectively, these domains are referred to as the New gTLD Domains in these TPP Wholesale Domain Terms.

^ Certain New gTLD Domains may not be currently operational at the Registry. Availability is subject to the relevant Registry confirming the domain is operational, and the domain being available to you in The Console. Domains may be provisioned via Melbourne IT Ltd (or a related group company) as registrar of record.

Pricing

The Fees payable by you in respect of all domains for any single domain registration, renewal registration or transfer registration are as contained in The Console (or as notified to you by us).

A. General Terms applicable to all Standard Domains and New gTLD Domains

1. You represent and warrant that:

each Registrant of has read, understood and agreed to the Registration Agreement (located in Section A (Domain Names) of https://www.tppwholesale.com.au/legals/service-terms/), and any additional Registry domain name policies applicable to the domain name(s);
you will comply with, and require all Registrants to comply with, all applicable laws, terms and conditions, regulations, rules and domain name policies of ICANN and the Registry in respect of each individual Standard Domain and/or New gTLD Domain (as applicable), as may be updated from time to time by ICANN or the relevant Registry; and
you will maintain sufficient evidence of such agreement to enable our terms and conditions (including without limitation any Registration Agreement) to be enforceable against the Registrant

2. You agree to ensure that:

domain registrations are applied for in the entity name of your end-customer (unless otherwise expressly agreed in writing);
you notify end-customers of upcoming domain name renewals and/or expiry; and (c) you will facilitate the registration or renewal of any domain name following a request by a Registrant.

3. You agree to reasonably cooperate with the applicable Registry of each Standard Domain or New gTLD Domain in the performance of the Registry’s obligations in respect of that particular domain.

4. You agree to indemnify and hold harmless ICANN and the relevant Registry, and each parties’ officers, employees and agents from and against all liability to any third parties (including without limitation, any Registrants of yours) and associated costs in defending any action, claim, proceeding or demand by a third party to the extent to which liability or the claim arises from or in connection with access to our systems or use of our Services under the Agreement.

B. Terms applicable to all New gTLD Domains

The following terms and conditions apply in respect of each of the New gTLD Domains:

1. We do not support or offer any ‘Premium Domain Names’ (meaning those domain names reserved or registered by a Registry (or by another party on behalf of that Registry) and which are made available at a higher variable price point for registration, renewals and transfers). We are currently providing domain name services in the general availability phase only for the above New gTLD Domains. In the instance where we do support other phase(s) for a particular New gTLD Domain, we will notify you and provide the process and pricing for the supported phase(s).

2. Our provision of New gTLD Domains to you is subject to: (i) any changes in the applicable local government and the relevant Registry’s policies and procedures; (ii) any changes in the ownership of the operator of the relevant Registry; and/or (iii) bankruptcy or insolvency of that operator.

3. You acknowledge that we may be required by the applicable Registry (or the entity responsible for operating the Registry (such as an ‘administrator’)) to cease providing registrar services with respect to a particular New gTLD Domain if you fail to comply with (i) these terms and conditions applying in respect of the above applicable New gTLD Domain, and/or (ii) any applicable Registry domain name policies.

4. You agree to publish on your website(s) and/or provide a link to the ICANN Registrants’ Benefits and Responsibilities Specification, currently located at https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#Registrant.
5. You agree not to use any Registry logo or graphic (unless you have the permission of the Registry) or hold yourself out to be accredited by any Registry (unless you have been accredited by that Registry).

6. Any Registry or ICANN related URL links provided are subject to change, and may be updated from time to time.

C. Terms applicable to Donuts Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the Donuts Domains name spaces:

2. In respect of each Donuts Domain, you agree to indemnify, defend and hold harmless the Registry and its affiliates and subsidiaries, as well as their respective owners, directors, managers, officers, employees, representatives, agents, service providers and contractors from and against any and all claims, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses (including on appeal), arising out of or relating to (i) any claim or alleged claim relating to any of its product(s) or service(s); (ii) any claim or alleged claim relating to any agreement with any Registrant that registers a Donuts Domains domain name through you; (iii) any claim or alleged claim relating to your domain name registration business or other activities, including, but not limited to, your advertising, domain name application process, systems and other processes, fees charged, billing practices and customer service; and/or (iv) any breach by you of any of Registry’s domain name policies. This indemnification obligation shall survive any termination or expiration of your agreement with us or the use of our services.

D. Additional Terms applicable to Famous Four Media Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the FFM Domains name spaces:

E. Additional Terms applicable to United Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the United Domains name spaces:
1. You agree you will comply with, and require all Registrants to comply with, all applicable laws, terms and conditions, regulations, rules and policies of the Registry as updated from time to time on http://rightside.co/. Domain name policies for the United Domains are located at http://rightside.co/rightside-Registry/registrar-overview/policies/.
2. You agree to indemnify, defend and hold harmless the Registry and its affiliates and subsidiaries, as well as their respective owners, directors, managers, officers, employees, representatives, agents, service providers and contractors from and against any and all claims, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses (including on appeal), arising out of or relating to (i) any claim or alleged claim relating to any of your product(s) or service(s); (ii) any claim or alleged claim relating to any agreement with any Registrant that registers a United Domains domain name through you; (iii) any claim or alleged claim relating to your domain name registration business or other activities, including, but not limited to, your advertising, domain name application process, systems and other processes, fees charged, billing practices and customer service; and/or (iv) any breach by you of any of Registry’s domain name policies. You further agree not to enter into any settlement or compromise of any such indemnifiable claim without the Registry’s prior written consent, which consent shall not be unreasonably withheld. This indemnification obligation shall survive any termination or expiration of your agreement with us or the use of our services.

F. Additional Terms applicable to UniRegistry Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the UniRegistry Domains name spaces:

1. You agree you will comply with, and require all Registrants to comply with, all applicable laws, terms and conditions, regulations, rules and policies of the Registry as updated from time to time on http://uniRegistry.com/. Domain name policies for the UniRegistry Domains are located at http://uniRegistry.com/.

G. Additional Terms applicable to GMO Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the GMO Domains name spaces:

2. You agree to indemnify, defend and hold harmless the Registry, including the Registry’s directors, officers, employees, subcontractors and agents, to the maximum extent required by law, from and against any claims, damages, liabilities, costs and expenses arising out of or relating to any application and/or request for the registration of a domain name, and/or the use of a domain name.

H. Additional Terms applicable to .BAR Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .BAR domain name spaces:

2. You shall not represent to any actual or potential Registrant that you enjoy access to any of the Registry’s systems that is superior to that of any other party accredited by the Registry for .BAR.

I. Additional Terms applicable to .BUILD Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .BUILD domain name spaces:

J. Additional Terms applicable to .BUZZ Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .BUZZ domain name spaces:

2. You agree to indemnify, defend and hold harmless the Registry and the Registry’s service provider, NeuStar, Inc., and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the Registrant’s .BUZZ domain name registration. This indemnification obligation shall survive any termination or expiration of your agreement with us or the use of our services.

K. Additional Terms applicable to .CEO Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .CEO domain name spaces:

L. Additional Terms applicable to .CLUB Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .CLUB domain name spaces:

2. You agree to indemnify, defend and hold harmless the Registry and the Registry’s service provider, NeuStar, Inc., and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the Registrant’s .CLUB domain name registration. This indemnification obligation shall survive any termination or expiration of your agreement with us or the use of our services.

M. Additional Terms applicable to .KIWI Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .KIWI domain name spaces:

N. Additional Terms applicable to .LONDON Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .LONDON domain name spaces:

O. Additional Terms applicable to .LUXURY Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .LUXURY domain name spaces:

1. You agree you will comply with, and require all Registrants to comply with, all applicable laws, terms and conditions, regulations, rules and policies of the Registry as updated from time to time on http://www.dotluxury.com. Domain name policies for .LUXURY are located at http://www.dot-menu.com/wp-content/uploads/2013/11/Acceptable-Use-and-Takedown-Policy_menu1.pdf, http://www.dot-menu.com/wp-content/uploads/2013/11/Data-Protection-and-Privacy-Policy_menu1.pdf, http://www.dot-menu.com/wp-content/uploads/2013/11/Landrush-Policy_menu1.pdf, http://www.dot-menu.com/wp-content/uploads/2013/11/Reserved-and-Restricted-Names-Policy_menu1.pdf, http://www.dot-menu.com/wp-content/uploads/2013/11/Sunrise-Policy_menu1.pdf and http://www.dot-menu.com/wp-content/uploads/2013/11/WHOIS-Policy_menu1.pdf.

P. Additional Terms applicable to .MELBOURNE Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .MELBOURNE domain name spaces:

Q. Additional Terms applicable to .MENU Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .MENU domain name spaces:

R. Additional Terms applicable to .PRICES Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .PRICES domain name spaces:

2. You agree to fully defend, indemnify and hold harmless Registry and Registry’s members, officers, directors, agents, employees, and subcontractors for any loss, liabilities, damages, costs or expenses, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising out any dispute in relation to any domain name registered by you in the Registry, including but not limited to (a) any claim or alleged claim relating to any of your product(s) or service(s); (b) any claim or alleged claim relating to any agreement with any Registrant that registers a .PRICES domain name through you; (c) any claim or alleged claim relating to your domain name registration business or other activities, including, but not limited to, your advertising, domain name application process, systems and other processes, fees charged, billing practices and customer service; and/or (d) any breach by you of any of Registry’s domain name policies. This indemnification obligation shall survive any termination or expiration of your agreement with us or the use of our services.

S. Additional Terms applicable to .SYDNEY Domains only

In addition to our general terms and conditions (including the above), the following terms and conditions apply in respect of the .SYDNEY domain name spaces:

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