DotAsia Sunrise Challenge Policy
(7 December 2007)

1. Purpose.

This Sunrise Registration Challenge Policy (the "Policy") has been adopted by DotAsia Organisation Limited (the “DotAsia”). The Policy applies to domain names originally created during the Sunrise Registration Period, from 9 October 2007 to 15 January 2008, including any subsequent transfers of such names under this policy. It is incorporated by reference into the .ASIA Registration Agreement (the "Registration Agreement"). It sets forth: the terms and conditions in connection with a dispute between you (as the Applicant and/or Registrant) and any party other than us (as the registrar) or the registry operator for the .ASIA top-level domain (the "Registry") regarding the compliance of your application of a second-level domain name (the "Domain Name") with the sunrise registration conditions set forth in the Registration Agreement.

Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Sunrise Challenge Policy (the "Rules"), which are available at http://www.registry.asia .

2. Your Representations.

By applying to register a Domain Name (an Applicant) in accordance with the Sunrise registration conditions of the Registration Agreement, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) the application of the Domain Name complies with the sunrise registration conditions set forth in the Registration Agreement and in the .ASIA Sunrise Policies; (c) to your knowledge, neither the registration nor the use of the Domain Name will infringe upon or otherwise violate the rights of any third party; (d) you are not registering the Domain Name for unlawful purpose; and (e) you will not knowingly use the Domain Name in violation of any applicable laws or regulations. It is your responsibility to determine whether your Domain Name registration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes.

We will cancel, transfer or otherwise make changes to a Domain Name registration that is subject to this Policy under the following circumstances:

a    subject to the provisions of Paragraph 6, our receipt of written or appropriate electronic instructions (Form _CH) from you or your authorized agent to take such action; and/or

b     our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

c     our receipt of a decision requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by the Registry.

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of the Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding.

a. Seeking Cancellation or Transfer of the Domain Name. You are required to submit to a mandatory administrative proceeding in the event that a third party (the "Challenger") seeking Cancellation or Transfer of the Domain Name asserts to the Centre, in compliance with the Rules that one of the following set of conditions apply, based upon the corresponding Sunrise registration periods:

(1)  Pre-Sunrise & Sunrise 1 (SR1): Governmental Reserved Names

(i) the corresponding Governmental Acknowledgement Reference (GACKREF) objects to the right you claimed, or the GACKREF fails to acknowledge the Application.

(2)  Sunrise 2a(SR2a): Early Bird Sunrise for Registered Marks

(i) the Registered Mark on which the application of your Domain Name was based was not applied for on or before 16 March 2004 (SR2a Cut-Off Date)1 ; or

(ii)   at the time of your application of the Domain Name, you were not the owner, co-owner or assignee of a corresponding Registered Mark 2; or

(iii)  at the time of your application of the Domain Name, the Registered Mark was not registered in full force and effect; or

(iv)   the Domain Name is not of Exact Match or Acceptable Match (described in the section 3.3 of the Policies) to the textual or word elements of the Registered Mark on which the application of your Domain Name is based in ; or

(v)  at the time of your application of the Domain Name, the Registered Mark was not registered with a trademark office or trademark registry that corresponds to one of the states or other entities set out in the WIPO Standard ST.3 code; or

(vi)  you are unable to present evidence to demonstrate usage (as defined in Section 1.1 of the .ASIA Sunrise Policies) of the Registered Mark in the class (if applicable) for which the mark is registered in.

(3)  Sunrise 2b(SR2b): Registered Marks
(i)  the Registered Mark on which the application of your Domain Name was based was not applied for on or before 6 December 2006 (SR2b Cut-Off Date); or

(ii)   at the time of your application of the Domain Name, you were not the owner, co-owner or assignee of a corresponding Registered Mark; or

(iii)  at the time of your application of the Domain Name, the Registered Mark was not registered in full force and effect; or

(iv)   the Domain Name is not of Exact Match or Acceptable Match (described in the section 3.3 of the Policies) to the textual or word elements of the Registered Mark on which the application of your Domain Name is based; or

(v)  at the time of your application of the Domain Name, the Registered Mark was not registered with a trademark office or trademark registry that corresponds to one of the states or other entities set out in the WIPO Standard ST.3 code;

(4)  Sunrise 2c(SR2c): Extended Protection for Registered Marks

(i)  the Registered Mark on which the application of your Domain Name was based was not applied for prior to 6 December 2006 (SR2b Cut-Off Date); or

(ii)   at the time of your application of the Domain Name, you were not the owner, co-owner or assignee of a corresponding Registered Mark; or

(iii)  at the time of your application of the Domain Name, the Registered Mark was not registered and in full force and effect;or

(iv)  the Domain Name does not include a part that is an Exact Match or Acceptable Match (described in the section 3.3 of the Policies) to the textual or word elements of the Registered Mark on which the application of your Domain Name is based; or         

(v)  the word(s) combined with the Exact Match or Acceptable Match part (described in the section 3.3 of the Policies) is(are) not an Acceptable Extension based on Section 3.6.1 of the Policies or Section 1 of the .ASIA Sunrise Addendum & Clarifications; or

(vi)  at the time of your application of the Domain Name, the Registered Mark was not registered with a trademark office or trademark registry that corresponds to one of the states or other entities set out in the WIPO Standard ST.3 code;              

(5)  Sunrise 3 (SR3): Unverified Registered Entity Names

(i) the application of your entity was not completed on or before 6 December 2006. (SR3 Cut-Off Date); or

(ii)  the Domain Name does not correspond to the name of your entity; or

(iii)  your entity is not registered within the DotAsia community. (Corresponding ISO 3166 code).

(iv) The Domain Name is not of Exact Match or Acceptable Match (as described in the section 3.3 of the Policies and the section 2, including Section 2.1, 2.2, 2.3 and Section 2.4, of the .ASIA Sunrise Policies Addendum & Clarifications)

All challenges under this Policy must be submitted to the Centre not later than one hundred and twenty (120) days after the conclusion of the entire Sunrise Registration Period (including Sunrise 2a, Sunrise 2b, Sunrise 2c and Sunrise 3).

b.     Challenger’s Compliance with the Sunrise Registration Conditions. A Challenger seeking transfer of the Domain Name is required to demonstrate, as part of the administrative proceeding and as a condition for such transfer, the Challenger’s compliance with the Sunrise registration condition set forth by the .ASIA Sunrise Policies.

c.     How to Demonstrate Compliance with the Sunrise Registration Conditions. To demonstrate compliance with the Sunrise registration conditions, a party must provide evidence to establish one of the following set of conditions, based upon the corresponding Sunrise registration:

(1)  Pre-Sunrise & Sunrise 1 (SR1): Governmental Reserved Names

(i)  the party’s application went          through an acknowledgement process coordinated with the corresponding Governmental Acknowledgement Reference (GACKREF);  and

(ii)  the party furnished further documentary evidence if required by the Centre.

(2)  Sunrise 2a(SR2a): Early Bird Sunrise for Registered Marks

(i)  the Registered Mark on which the party’s request for transfer of the Domain Name is based was applied for on or before 16 March 2004 (SR2a Cut-Off Date), as evidenced by the date(s) set forth in the certificate itself ; and

(ii)   the party is the owner, co-owner or assignee of a corresponding Registered Mark; and

(iii)  the party’s Registered Mark was registered and in full force and effect; and

(iv)   the Domain Name is an Exact Match or Acceptable Match (described in the section 3.3 of the Policies) to the textual or word elements of the Registered Mark on which the party’s request for transfer of the Domain Name is based in ; and

(v)   the party’s Registered Mark was registered with a trademark office or trademark registry that corresponds to one of the states or other entities set out in the WIPO Standard ST.3 code.

(vi)   Demonstrable Usage (as defined in Section 1.1 of the .ASIA Sunrise Policies) of the Registered Mark in the class (if applicable) for which the mark is registered in.

 (3)  Sunrise 2b(SR2b): Registered Marks

(i)  the Registered Mark on which the party’s request for transfer of the domain name is based was applied for on or before 6 December 2006 (SR2b Cut-Off Date); and

(ii)   the party is the owner, co-owner or assignee of a corresponding Registered Mark; and

(iii)  the party’s Registered Mark was registered and in full force and effect; and

(iv)   the Domain Name is an Exact Match or Acceptable Match (described in the section 3.3 of the Policies) to the textual or word elements of the Registered Mark on which the party’s request for transfer of the Domain Name is based ; and

(v)   the party’sRegistered Mark was registered with a trademark office or trademark registry that corresponds to one of the states or other entities set out in the WIPO Standard ST.3 code;

(4)  Sunrise 2c(SR2c): Extended Protection for Registered Marks

(i)  the Registered Mark on which the party’s request for transfer is based was applied for on or before 6 December 2006 (SR2b Cut-Off Date); and

(ii)   the party is the owner, co-owner or assignee of a corresponding Registered Mark; and

(iii)  the party’s Registered Mark was registered and in full force and effect; and

(iv)   the Domain Name includes a part that is an Exact Match or Acceptable Match (described in the section 3.3 of the Policies) to the textual or word elements of the Registered Mark on which the application of your Domain Name is based; and

 (iv)   the word(s) combined with the Exact Match or Acceptable Match part (described in the section 3.3 of the Policies) is(are) not an Acceptable Extension based on Section 3.6.1 of the Policies or Section 1 of the .ASIA Sunrise Addendum & Clarifications ; and

(v)   the party’s Registered Mark was registered with a trademark office or trademark registry that corresponds to one of the states or other entities set out in the WIPO Standard ST.3 code;         

(5)  Sunrise 3 (SR3): Unverified Registered Entity Names

(i)  the application of a party’s entity was completed on or before 6 December 2006. (SR3 Cut-Off Date); and

(ii)  the domain name corresponds with the name of the party’s entity; and

(iii)  the entity is registered within the in the DotAsia community. (Corresponding ISO 3166 code); and

(iv)  the domain name is an Exact Match or Acceptable Match (provided in the section 3.3 of the Policies and the Section 2, including Section 2.1, 2.2, 2.3 and 2.4, of the .ASIA Sunrise Policies Addendum & Clarifications)

d.     Multiple Challenges. In the event more than one challenge is submitted to the Centre regarding the same Domain Name, the Center will pocess only the first challenge received. Any further challenges will not be processed and no challenger’s fee will be charged by the Center. The Center is under no obligation to communicate concerning any further challenges.

However, if a challenge is terminated without a determination by the Center regarding the Respondent’s and/or the Challenger’s compliance with the Sunrise Registration Conditions, the Center will process the next-filled challenge, provided that this challenge was also filled during the Sunrise Challenge Period.

 
e.     Decision.  The challenge will be decided by a Panelist appointed by the Centre as set out in Subparagraphs (i)-(v) below.  The Panel's determination of whether the Sunrise registration conditions set forth in Paragraph 4(c) are met will be based solely on a prima facie examination of any Registered Mark certificates submitted in relation to the information contained in the relevant DotAsia Whois database.  The Panel's decision is of an administrative nature and shall be final.  The Panel shall not be required to state reasons for its decision.

(i)    If the Panel finds that you have registered the Domain Name in compliance with the sunrise registration conditions set forth in the Registration Agreement, the Centre will dismiss the Challenge.

(ii)    If the Panel is unable to find that you have registered the Domain Name in compliance with the sunrise registration conditions set forth in the Registration Agreement, the Challenge will be granted. If the Challenger has requested transfer, this will be subject to a decision by the Panel that the challenge complies with the sunrise registration conditions set forth in Paragraph 4(c), failing which Subparagraph (iii) shall apply.

(iii)    If a prevailing Challenger sought a cancellation or if neither party (Challenger nor Applicant) established compliance with the sunrise registration conditions set forth in Paragraph 4(c), the Centre will inform the Registry that the Applicant’s application should be cancelled.
 

f.    Fees.   In accordance with the Rules, the submission of a challenge under this Policy is subject to the payment of a Challenger’s fee in the amount of USD 500. All payments are to be made by bank transfer or by cheque. If a challenge is submitted , but the Challenger’s fee is not paid in accordance with the Rules, the challenge shall be dismissed.

g.    Our Involvement in Administrative Proceedings.  We do not, and will not, participate in the administration or conduct of any proceeding before the Centre under this Policy.  In addition, we will not be liable as a result of any decisions rendered by the Panel.

h.    Remedies.  The remedies available to a Challenger shall be limited to requiring the cancellation of your Domain Name registration or the transfer of your Domain Name registration to the Challenger.

i.    Notification. The Centre shall notify the Applicant/Registrant, the Challenger, the Sponsoring Registrar and the Registry about any decision made under this Policy with respect to a Domain Name you have registered with us in accordance with the Rules.

j.   Availability of Court Porceedings.   The madatory administrative proceeding requirements set forth in Paragraph 4(a) shall not prevent either party from submitting the dispute to a court of competent jurisdiction for independent resolution.  Such submission shall not preclude the Center from processing any challenge.

k.    Request for Information. DotAsia reserves the right to request and verify information under Paragraph 4(c) of this Policy directly from any party at any time.

5. Transfers During a Dispute.

a.     Transfers of a Domain Name to a New Holder. You may not transfer your Domain Name registration that is subject to this Policy to another holder until all challenges brought pursuant to this Policy in relation to this Domain Name have been resolved, except that a transfer may be made to the Challenger in a pending administrative proceeding under this Policy (e.g., in the event of a settlement of the dispute), provided that the Centre decides that the challenge complies with the Sunrise registration conditions set forth in Paragraph 4(c).  Any registration pursuant to such transfer will be subject to the sunrise registration conditions set forth in the Registration Agreement.

b.     Changing Registrars. You may not transfer your Domain Name registration that is subject to this Policy to another registrar until all challenges pursuant to this Policy have been resolved.

6. Policy Modifications.

The .ASIA Registry and the Centre may issue interpretive guidelines on its website regarding the terms of these Sunrise Challenge policies. The .ASIA Registry may modify these Sunrise Challenge policies from time to time, and modifications will take effect at the time they are announced on the Registry’s website and/or the Centre’s website and without prior notice to registrars or registrants. Unless this Policy has already been invoked by the submission of a challenge to the Centre, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any Domain Name registration dispute, whether the dispute arose before, on or after the effective date of the change. In the event that you object to a change in this Policy, your sole remedy is to cancel your Domain Name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your Domain Name registration.

Note:

1.The Registered Mark must have been applied for on or before 16 March 2004.  The Registered Mark must be in full force and effect at the point of the submission of the application to register the corresponding domain.