.ketchup Domain

18.1 Mission and Purpose of .KETCHUP

ProMark Brands Inc. ("ProMark"), a subsidiary of H.J. Heinz Company ("Heinz"), has filed this application for a .KETCHUP gTLD with the intention of bringing to market a trusted, hierarchical, and intuitive namespace for consumers to access content related to Heinz Tomato Ketchup worldwide.

Through a unified corporate approach, ProMark intends to submit two gTLD applications for the strings .HEINZ and .KETCHUP.

The intended future mission and purpose of the .KETCHUP gTLD is to serve as a trusted, hierarchical, and intuitive namespace provided by Heinz and its qualified subsidiaries and affiliates, to Heinz customers, consumers of Heinz Tomato Ketchup, and Internet users.

Heinz is one of the world's leading marketers of branded foods to retail and foodservice channels. With approximately 35,000 employees worldwide, Heinz markets its brands in hundreds of countries around the world. Since the debut of Heinz Tomato Ketchup in 1876, Heinz has become synonymous with ketchup throughout the world. With global sales of 650 million bottles of Heinz Tomato Ketchup, as well as over 13 billion single-serve packets, it is by far the largest and fastest-selling product that Heinz has ever produced. Heinz Tomato Ketchup holds a number-one market share in the U.S., as well as in six more of the world's top ten ketchup markets.

Heinz products, including and especially Heinz Tomato Ketchup, are sold under highly competitive conditions; competitors include both large and small businesses. Heinz regards its principal competition to be other manufacturers of prepared foods, including branded retail products, foodservice products, and private label products that compete with Heinz for consumer preference, distribution, shelf space, and merchandising support. The ability to operate .KETCHUP as a trusted namespace for consumers to access content related to its flagship product could be an important way for Heinz to differentiate itself and gain advantage as a digital innovator in such highly competitive conditions.

ProMark will be examining other .GENERIC gTLD applications, as well as general market adoption, to determine short- and long-term potential use case options for .KETCHUP to most effectively support Heinz's online marketing strategy as a leading global food products company.

ProMark intends to initially limit registration and use of domain names within the .KETCHUP gTLD to Heinz and its qualified subsidiaries and affiliates. This initial limited use will allow Heinz to establish its operations and achieve full sustainability. This limited distribution coupled with the other requirements set forth in Specification 9 of the template Registry Agreement is intended to exempt ProMark from its annual Code of Conduct Compliance requirements.

After Year 3, ProMark will evaluate whether opportunities exist to carry out the business strategy for the .KETCHUP gTLD through expansion that continues the sustainable operations of the registry through fee-based registrations to parties other than Heinz and its qualified subsidiaries and affiliates.

ProMark currently plans a four-stage rollout for the .KETCHUP gTLD. This rollout is subject to change depending upon business, strategic, and industry factors at the time of each stage:

1. Stage 1
The initial stage of implementation of the gTLD will involve Heinz registering a limited number of .KETCHUP second-level domain names.

This initial use will provide Heinz's IT and security personnel the time to run a number of tests to ensure seamless and secure access using the .KETCHUP gTLD domain names, interoperability with various software and Web-based applications, and unbroken and secure use of all names. This initial allocation will also allow the appropriate ProMark and Heinz staff to coordinate with the internal and external staff responsible for the application, delegation, and setup phases of the .KETCHUP gTLD to ensure a proper transition from delegation to full operation.

2. Stage 2
Once all testing has been successfully completed, ProMark will begin allocating domain names in the .KETCHUP gTLD for more widespread internal corporate use. During this same period of time, ProMark will begin evaluating strategies to potentially migrate traffic away from its current patchwork network of second-level domain names, which are registered in a variety of gTLDs, to ProMark's new gTLDs.

It is in Stage 2 that ProMark will evaluate expanding the operations of the gTLD to permit registration by other registrants, such as licensees and strategic partners. Should an assessment of its expansion strategy lead to a decision to extend registration rights to other parties, this expansion is currently planned to take place during Stage 3. However, any expansion would be conditioned upon a review of Specification 9 (Registry Code of Conduct) set forth in the template Registry Agreement to ensure compliance with ProMarkʹs and Heinz's business models.

3. Stage 3
Depending upon the analysis of the evaluations undertaken in stage two, ProMark may begin to implement the permanent migration of Internet traffic away from the gTLDs in which Heinz's domain names are currently registered, and toward the .KETCHUP gTLD. It is in this stage that ProMark also may implement its decision to extend registration rights to licensees and strategic partners depending upon compliance with Specification 9 as noted above.

After consideration of the following factors: analysis of Heinz's existing domain name portfolio, internal analysis of marketing initiatives, and the fact that ProMark will have full control over the number of registrations in the .KETCHUP gTLD namespace, ProMark is confident that the number of domain name registrations will be less than 10,000 in the first five years of operation.

4. Stage 4
Based on its experience with any expansion implemented in Stage 3, ProMark will assess whether its business plan and expansion strategy should be augmented by extending registration rights to a broader class of licensees, potentially including customers of Heinz. It is anticipated by ProMark that changes to the domain name industry will take at least five years to be realized and assessed. Any decision to expand the gTLDs beyond corporate, qualified subsidiary/affiliate, and licensee use will take into account this experience as well as the technical analysis of potential expansion.

The potential use of the .KETCHUP gTLD by any segment of Heinz's business will also be driven by Heinz's future business strategies as identified in its annual report and investor filings, as viewed at this listed website: http://www.heinz.com/our-company/investor-relations.aspx.

Using current projections based on Heinz's existing businesses, future business plans, current domain name portfolio, and other strategic factors, ProMark estimates second-level domain name registrations to be in line with the projections set forth in the financial template provided in the answer to Question 46 of this application.×

18.2 How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?

ProMark believes that a proposed .KETCHUP gTLD has the potential to offer the following benefits to Internet users and consumers:

-Establish a trusted source of information and an online hub for the millions of consumers who purchase Heinz Tomato Ketchup, for investors and third parties seeking information, and for the general Internet user population; and

-Provide increased navigation to products, advertising campaigns, recipes, public interest content, content related to healthy living and sustainability, etc;

-Through the adoption of new gTLDs by the wider Internet user community, consumers may benefit from lower incidences of phishing and malware often associated with mistypes of domain names in the .COM space that are owned by cybersquatters, since consumers will be navigating to domain names in the .KETCHUP gTLD;

-Minimize the cost and need for defensive registrations because domain names will only be allocated by ProMark within the .KETCHUP gTLD to Heinz and its qualified subsidiaries and afiliates;

-Develop a potential platform for the secure access to information regarding Heinz's brands and products, as well as the purchase and distribution of these brands and products, in order to minimize the potential for counterfeit or infringing content and products.

Currently, Heinz operates a number of websites with content relating to its ketchup using a combination of second-level and top-level domain names. A representative sampling of Heinz websites that incorporate geographical identifiers into the domain name include (see http://www.heinz.com/heinz-global-websites.aspx):

HeinzKetchup.de

HeinzKetchup.co.uk

HeinzKetchup.ca

ProMark believes that a .KETCHUP gTLD can provide an online, single-source identifying function for its current and future consumers around the world, rather than relying on this less effective approach of registering domains that are available, instead of those that would be most intuitive, as it expands into global markets.

18.2.1 What is the goal of your proposed gTLD in terms of areas of specialty, service levels, or reputation?

The primary mission and purpose of the .KETCHUP gTLD is to provide a trusted, hierarchical, and intuitive online marketplace to deliver Heinz-branded content, information on the business and focus, and other goods and services. As Heinz continues to expand, the company will continue to pursue and develop opportunities to market and distribute its online content and products to consumers in the U.S. and internationally, and on various platforms, including the Internet and mobile devices. Given that consumers increasingly demand access to Heinz brands through a variety of channels, which include domain names and the address bar, ProMark believes that a .KETCHUP gTLD has potential to provide an innovative, virtual avenue to Heinz brand products that will deepen and broaden Heinz's relationship with consumers and distributors.

Most importantly, Heinz will be able to provide access to its products, brands, and online content in a namespace void of piracy, cybersquatting, and other malicious activities. Providing consumers with a safe, trusted experience is paramount to ProMark and Heinz, and a .KETCHUP gTLD will be used to further that goal.

While companies with large brand portfolios, such as Heinz, fight a never-ending battle to protect valuable intellectual property from piracy on the Internet, a .KETCHUP gTLD would offer consumers a safe and intuitive means of accessing authorized online content from Heinz's brands and their affiliates.

18.2.2 What do you anticipate your proposed gTLD will add to the current space, in terms of competition, differentiation, or innovation?

The primary driving factors of applying for the .KETCHUP gTLD are differentiation and innovation. The success of the gTLD will be measured not by the number of domain names registered, but rather by the level of consumer recognition and trust that is placed in the .KETCHUP namespace. Using this benchmark, ProMark will strive to build consumer recognition and trust through usage of the .KETCHUP gTLD that rise to the level found in the .EDU and .GOV gTLDs.

As noted above, Heinz is a leading food products company that leverages numerous distribution channels and emerging technologies to deliver its online content and consumer goods internationally. A .KETCHUP gTLD has the potential to serve as a cornerstone of this online strategy for its most important and famous product, if the potential benefits that ICANN has projected become a reality in the marketplace.

18.2.3 What goals does your proposed gTLD have in terms of user experience?

ProMark believes that the .KETCHUP gTLD will provide a single, trusted ecosystem experience for the millions of consumers worldwide who purchase Heinz Tomato Ketchup, as well as those who seek information about the company and its brands, including investors and members of the press. Consumers will know that domains and content on .KETCHUP are owned and controlled by Heinz and are thus more likely to be protected from infringing, pirated, or harmful content.

The initial use of the .KETCHUP gTLD will involve a limited number of second-level domain names. This initial use will provide Heinz and its brands the ability to ensure seamless and secure access to the Heinz Tomato Ketchup and other brand websites as well as interoperability with various software and Web/mobile-based applications. Once appropriate security and stability issues have been satisfactorily addressed, ProMark will likely begin allocating domain names for internal corporate use and may redirect new .KETCHUP domain names to pre-existing content. This phased rollout will likely take place over a multi-year period, subject to change depending upon a range of external factors.

At the same time, ProMark will evaluate potential strategies to migrate traffic away from the current network of second-level domains registered in various gTLDs, to the .KETCHUP gTLD, which offers the potential to provide consumers with a single, trusted online source for Heinz Tomato Ketchup.

18.2.4 Provide a complete description of the applicant's intended registration policies in support of the goals listed above.

ProMark currently intends for the .KETCHUP gTLD to be used exclusively by Heinz and its qualified subsidiaries and affiliates. Because of this condition, and because the Heinz Tomato Ketchup mark is a valuable brand, the protection of which is paramount to the company, ProMark intends to address registration and use requirements in its partner/affiliate agreements, rather than in domain name registration agreements.

ProMark will, of course, incorporate all required ICANN consensus policies and other legal/policy requirements imposed on new gTLD applicants into the terms and conditions of the domain name registration agreement that each qualified subsidiary or afiliate will execute.

18.2.5 Will your proposed gTLD impose any measures for protecting the privacy or confidential information of registrants or users? If so, please describe any such measures.

As a subsidiary of a leading global food products company, ProMark recognizes that this is an evolving area of law for which there is no international standard. However, due to the fact that every domain name will be registered to Heinz or a qualified subsidiary or affiliate, ProMark has a vested interest in ensuring that accurate and current domain name information is readily available in connection with each .KETCHUP domain name.

ProMark and Heinz will ensure that the operation of the .KETCHUP TLD will be consistent with Heinz Statement of Privacy Principles, available on its website at http://www.heinz.com/privacy.aspx.

In addition, ProMark intends to incorporate contractual language in its Registry-Registrar Agreement (RRA) modeled after language that has been included in the template Registry Agreement and that has been successfully utilized by existing ICANN gTLD Registry Operators. Specifically, ProMark shall notify Registrar of the purposes for which Personal Data submitted to Registry Operation by Registrar is collected, the intended recipients (or categories of recipients) of such Personal Data, and the mechanism for access to and correction of such Personal Data. ProMark shall take reasonable steps to protect Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction. ProMark shall not use or authorize the use of Personal Data in a way that is incompatible with the notice provided to registrars. ProMark may from time to time use the demographic data collected for statistical analysis, provided that this analysis will not disclose individual Personal Data and provided that such use is compatible with the notice provided to registrars regarding the purpose and procedures for such use.

18.2.6 Describe whether and in what ways outreach and communications will help to achieve your projected benefits.

ProMark sees the potential for the .KETCHUP gTLD to play a large role in Heinz's future online strategy. While the extent of likely benefits is currently uncertain due to questions about consumer recognition, the adoption of new gTLDs, and the response from search engines in the marketplace, all of which will influence the communication and usage strategies for the gTLD, ProMark anticipates a phased-in approach to using and promoting the .KETCHUP gTLD.

As a first step, ProMark plans to start using .KETCHUP domains as redirects to existing .COM domains. Subsequently, Heinz expects to initiate a targeted, pilot rollout using select gTLD domains as primary addresses and, after careful analysis and study of this rollout, Heinz may engage in a broader initiative, should the results be satisfactory and in accordance with the company's overall strategic goals. The actual usage of .KETCHUP domain names will dictate how public communications and consumer outreach is conducted to encourage navigation to the .KETCHUP gTLD, including advertising, media outreach, email campaigns, etc.×

18.3 What operating rules will you adopt to eliminate or minimize social costs (e.g., time or financial resource costs, as well as various types of consumer vulnerabilities)?

ProMark's proposed operating rules to limit registration to Heinz and its qualified subsidiaries and affiliates will provide a trusted online environment for consumers to access Heinz's online content, and by default will minimize social costs. This verified ecosystem provides consumers with a single trusted source for Heinz Tomato Ketchup and other Heinz brands and products, as well as information with a substantially lower risk of fraud and/or scams. ProMark does not anticipate consumer vulnerabilities. In addition, there is no need for other trademark and brand owners to defensively register second-level domains in the gTLD. In fact, ProMark expects that the .KETCHUP gTLD will eliminate some of the vulnerabilities that Heinz consumers and distributors face on the wider Internet today.

18.3.1 What other steps will you take to minimize negative consequences/costs imposed upon consumers?

ProMark believes that the proposed operation of the .KETCHUP gTLD as set forth in this application has no known negative consequences or cost implications to consumers. On the contrary, the proposed operation of this registry will likely lead to direct benefits to consumers.

18.3.2 How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come/first-serve basis?

ProMark does not envision multiple applicants for the same domain name, as domain names will be allocated only to Heinz, its brands, and its qualified subsidiaries and affiliates in accordance with Heinz's business strategy.

18.3.3 Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).

Heinz does not envision any pricing, introductory discounts, or bulk registration discounts because these marketing/commercial initiatives are inconsistent with the mission and purpose of the .KETCHUP gTLD as a trusted, online source identifier. Moreover, it is the current intention of ProMark to provide domain name registrations to Heinz and its qualified subsidiaries and affiliates at no cost. However, ProMark reserves the right to reevaluate this business decision in the future and may impose a nominal fee upon future registrants should it be deemed beneficial or relevant to Heinz's overall business strategy.

18.3.4 Note that the Registry Agreement requires that registrars be offered the option to obtain initial domain name registrations for periods of one to ten years at the discretion of the registrar, but no greater than ten years. Additionally, the Registry Agreement requires advance written notice of price increases. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation? If so, please describe your plans.

ProMark is committed to providing the domain name registration periods set forth in the Registry Agreement. However, as noted above, the registration and use of the domain name by a third-party is conditioned upon a separate affiliate relationship with ProMark or Heinz. Therefore, providing contractual commitments in a domain name registrant agreement regarding the magnitude of price escalations does not seem relevant or appropriate. Additionally, as noted above, the current business model envisions ProMark providing domain name registrations to itself and its affiliates at no cost.

ProMark acknowledges that the current template Registry Agreement requires that the Registry Operator "shall offer registrars the option to obtain registration periods for one to ten years at the discretion of the registrar." However, Heinz, as the sole registrant within the .KETCHUP gTLD, will only be registering domain names on an annual basis. This is done to better account for costs on an annual basis as well as to provide for more concise financial statements in Question 46 of this application, (e.g., no multi-year registration or deferred revenue).×

22 ProMark Brands Inc. Has Properly Researched This Topic

ProMark Brands Inc. ("ProMark") is keenly aware of the sensitivity of national governments in connection with protecting country and territory identifiers in the Domain Name System (DNS). In preparation for answering this question, ProMark reviewed the following relevant background material regarding the protection of geographic names in the DNS:

-ICANN Board Resolution 01-92 regarding the methodology developed for the reservation and release of country names in the .INFO top-level domain, see http://www.icann.org/en/minutes/minutes-10sep01.htm;
-ICANN's Proposed Action Plan on .INFO Country Names, see http://www.icann.org/en/meetings/montevideo/action-plan-country-names-09oct01.htm;
-Report of the Second WIPO Internet Domain Name Process: The Recognition and Rights and the Use of Names in the Internet Domain Name System, Section 6, Geographical Identifiers, see http://www.wipo.int/amc/en/processes/process2/report/html/report.html;
-ICANN's Governmental Advisory Committee GAC Principles Regarding New gTLDs, see https://gacweb.icann.org/download/attachments/1540128/gTLD_principles_0.pdf?version=1&modificationDate=1312358178000;
-ICANN's Generic Names Supporting Organization Reserved Names Working Group - Final Report, see http://gnso.icann.org/issues/new-gtlds/final-report-rn-wg-23may07.htm.

22.1 Initial Reservation of Country and Territory Names

ProMark is committed to initially reserving the country and territory names contained in the internationally recognized lists described in Article 5 of Specification 5 attached to the New gTLD Applicant Guidebook at the second level and at all other levels in the .KETCHUP generic top-level domain (gTLD), within which ProMark will provide for registrations. Specifically, ProMark will reserve:

1. The short form (in English) of all country and territory names contained on the ISO 3166-1 list, as updated from time to time, including the European Union, which is exceptionally reserved on the ISO 3166-1 list, and its scope extended in August 1999 to any application needing to represent the name European Union, see http://www.iso.org/iso/support/country_codes/iso_3166_code_lists/iso-3166- 1_decoding_table.htm - EU;

2. The United Nations Group of Experts on Geographical Names, Technical Reference Manual for the Standardization of Geographical Names, Part III Names of Countries of the World; and

3. The list of United Nations member states in six official United Nations languages prepared by the Working Group on Country Names of the United Nations Conference on the Standardization of Geographical Names.

22.2 Fair & Non-Misleading Use of Geographical Identifiers

ProMark's parent company, H.J. Heinz Company ("Heinz"), is one of the world's leading marketers of branded foods to retail and foodservice channels. With approximately 35,000 employees worldwide, Heinz markets its brands in hundreds of countries around the world. Heinz content is accessible in the .COM gTLD as well in the .AU, .CA, .CN, .CZ, .FR, .DE, .IT, .IN, .KR, .NL, .NZ, .PL, .RU, .ES, .SE, and .UK ccTLDs.

In providing content, sales, and services online, Heinz makes regular use of Internet technology that allows users to quickly find content related to each of its brands in each of the countries in which it has a presence. For example, on the Heinz.com website, users have the ability to find and explore content and websites across the countries where different brands are popular, as seen at this website: 〈http://www.heinz.com/heinz-global-websites.aspx〉.

Given this geographic approach to finding Heinz content, and given that Heinz markets leading brands in hundreds of global markets, ProMark intends to work with the ICANN Governmental Advisory Committee (GAC) to explore the option of providing a hierarchical and intuitive framework for the .KETCHUP namespace by using geographical identifiers as second-level domain names. ProMark believes the use of geographical identifiers to the left of the gTLD and as part of the domain name itself has a direct and material impact on search engine algorithms and their corresponding query results. In addition, such naming conventions are intuitive and practiced by direct navigation Internet users (those who type their intended destination into address bars as opposed to search engines). ProMark would like to determine if this type of hierarchical and intuitive use of second-level domain names within a gTLD provides increased consumer functionality, as premised by ICANN.

Currently, Heinz operates a number of corporate websites using a combination of second-level and top-level domain names. A representative sampling of Heinz Tomato Ketchup websites that incorporate geographical identifiers into the domain name include:

HeinzKetchup.de

HeinzKetchup.co.uk

HeinzKetchup.ca

ProMark believes that the .KETCHUP gTLD can provide an online single-source identifying function for current and future Heinz customers around the world that can replace the current approach of heavily relying on ccTLD registrations, to which Heinz must resort as it expands into different global markets.

22.3 The Legal Protection of Geographical Identifiers

The World Intellectual Property Organization (WIPO) authored an authoritative resource on the current state of the law in connection with the protection of geographical identifiers, its 2001 ʺReport of the Second WIPO Internet Domain Name Process: The Recognition of Rights and the Use of Names in the Internet Domain Name Systemʺ ("WIPO Report"). Section six of the WIPO Report was devoted exclusively to the protection of geographical identifiers.

From its analysis of the well established framework against the misuse of geographical identifiers at the international, regional, and national levels, WIPO identified the following two elements for the protection of geographical identifiers: (i) a prohibition of false descriptions of the geographical source of goods; and (ii) a more extensive set of rules prohibiting the misuse of one class of geographical source indicators, known as geographical indications (See WIPO Report, Paragraphs 206 and 210). Neither false descriptions of the geographical source of goods, nor misuse of geographical indications, is present in ProMark's current or proposed use of geographical identifiers.

Notwithstanding WIPO's observation that the protection of geographical identifiers is "a difficult area on which views are not only divided, but also ardently held" (Paragraph 237), national governments within the ICANN Governmental Advisory Committee (GAC) and other international fora have continued to advocate for increased safeguards to protect against the misuse of geographical identifiers within the DNS.

ProMark, acting as a responsible global business, seeks to avoid business practices that could potentially mislead consumers. ProMark does believe, however, that it is important to be able to use geographical identifiers in a fair and non-misleading manner, if such use can benefit Internet users and consumers as proposed in ProMark's business model.

22.4 Fair & Non-Misleading Use of Geographical Identifiers

In undertaking a thorough research of this subject matter prior to filing this application, ProMark was able to uncover the following representative sampling of fair and non-misleading use of geographical identifiers used in the existing gTLD domain name space:

Fair Use of National Geographical Identifiers

AUSTRALIA.COOP - Is operated by Co-operatives Australia, the national body for State Co-operative Federations, and provides a valuable resource about cooperatives within Australia.

USA.JOBS - Is operated by DirectEmployers Association (ʺDEʺ). While Employ Media, the Registry Operator of the .JOBS gTLD, is currently in a dispute with ICANN regarding the allocation of this and other domain names, DE has a series of partnerships and programs with the United States Department of Labor, the National Association of State Workforce Agencies, and Facebook to help unemployed workers find jobs.

MALDIVIAN.AERO - Is the primary domestic air carrier in Maldives, and provides a range of commercial and leisure air transport services.

Fair Use of Regional/Local Geographic Identifiers

TEXAS.JOBS - Is operated through a joint effort between DE, the Texas Workforce Commission, and the National Labor Exchange to connect job seekers with approximately 96,000 job openings. An additional domain name operated by this joint effort was
〈WORKINTEXAS-VETERANS.JOBS〉, a resource devoted to helping Texas veterans translate their military skills to jobs in the civil marketplace

BOISE.COOP - Is operated by Boise Co-op, a member-owned cooperative founded in 1973 by a few dozen individuals who shared a mutual interest in buying healthful and organic food at reasonable prices.

HYDERABAD.AERO - Is operated by the Hyderabad International Airport and provides a range of interactive services and information for both business and leisure travelers.

SACRAMENTO.AERO - Is a portal website operated by Sacramento County to provide links to each of the airports serving the Sacramento area: Sacramento International Airport (SMF), Mather Airport (MHR), Executive Airport (SAC), and Franklin Field (F72).

22.5 Protection of Regional and Local Geographic Names for Non-Misleading Use

ProMark has stated its intention to consider using non-reserved geographic identifiers as part of a hierarchical and intuitive framework in a fair and non-misleading manner to help consumers navigate the .KETCHUP namespace. ProMark is committed to operating the .KETCHUP namespace in a manner that minimizes potential consumer confusion, and will actively work with others in the ICANN community regarding any future policy development in this area.

22.6 Potential Future Release of Initially Reserved Names

As a global company and its subsidiary, Heinz and ProMark look forward to collaborating with other new gTLD Registry Operators in potentially working with ICANN's GAC to explore processes that could permit the release of initially reserved country names (including ISO-3166 two characters). Specifically, ProMark is interested in exploring other Registry Service Evaluation Processes (RSEP) that have been filed by existing gTLD Registry Operators in releasing previously reserved domain names.

22.7 Dispute Resolution

ProMark does not envision any potential disputes from governments or public authorities in connection with the registration and use of geographic names within the .KETCHUP gTLD based upon its proposed use set forth in Answer 18 of this application.

However, ProMark is committed to working with governments, public authorities, or IGOs that may have a concern regarding the registration of names with national or geographic significance at the second level within .KETCHUP. Therefore, should any disputes arise, ProMark will immediately initiate steps to undertake a policy development process as described below.

22.8 Creation and Updating the Policies

Should the need arise in the future for the creation or updating of the policies regarding this class of domain names, ProMark will act in an open and transparent manner to develop such a policy and/or recommendation.

ProMark is also committed to continually reviewing and updating these lists to prevent the misleading use of geographical identifiers. Consistent with this commitment, ProMark intends to participate in any ongoing ICANN policy discussion regarding the protection of geographic names within the DNS.×