.jobs Domain Registration
New sTLD RFP Application
Namestrings and Conventions
Domain names will be registered only at the second level (e.g.,
companyname.jobs). The .jobs sTLD will not be organized at the registry level
into any sub-domains or other lower level domains (e.g., third- or fourth-level
domains).
Sponsoring Organization Structure
Executive Summary of This Proposal
Employ Media LLC and The Society for Human Resource Management respectfully
submit this proposal for establishment of a .jobs sTLD for the benefit of the
international human resource management community (the sponsored TLD community)
and the Internet community as a whole. Registrations will be at the second
level and will comprise companyname.jobs, where "companyname" is the legal name
under which an employer does business or is commonly known. Registrations are
granted only to applications submitted by a qualified applicant - generally a
human resource manager of the employer such manager represents. The Society
for Human Resource Management ("SHRM"), as the world's largest association
devoted to human resource management, is uniquely positioned to represent this
sponsored TLD community and create policy therefore. Employ Media LLC ("Employ
Media") has been created by business and marketing professionals to manage and
market the .jobs sTLD, and is well-funded towards this goal. Employ Media has
entered into a long-term agreement with SHRM to provide policy governance
regarding the .jobs sTLD. Technical registry operations will be provided by
Verisign Naming and Directory Services (“VNDS”), a division of Verisign, Inc.
under contract to Employ Media. VNDS has empirically proven their capability
to provide world-class registry operations and maintain multiple-tld
interoperability.
The Sponsoring Organization and The Applicant
Prior to detailing the structure and nature of the Sponsoring Organization, it
will be beneficial to have an overview of the relationships among the parties
to this proposal (Employ Media, SHRM and VNDS). Employ Media is the applicant
of this proposal and is the party which would enter into a registry operator
agreement with ICANN in the event this proposal is accepted. Employ Media will
manage the business and day-to-day operations of the .jobs sTLD, including
marketing, sales, customer service, compliance, etc. As such, Employ Media is
the "Applicant" and/or "sTLD Manager." SHRM is the policy provider for the
.jobs sTLD and the representative of the sponsored TLD community to be served
by the .jobs sTLD. SHRM will interact with the sponsored TLD community to
determine and oversee policy and policy development. In this regard, SHRM is
the "Sponsoring Organization." Employ Media has entered into a long-term
agreement with SHRM for the provision of such policy development and oversight.
In such policy determination and oversight, SHRM is contractually obligated to
act independently of Employ Media and in the interests of the sponsored TLD
community. VNDS will be the provider of registry service functions for the
.jobs sTLD under contract to Employ Media. As such, VNDS is the "Registry
Operator."
SHRM (www.shrm.org) is the world's largest association devoted to human
resource management, representing more than 175,000 individual members with
more than 500 affiliated chapters in the United States and members in more than
120 countries. Founded in 1948, SHRM is a not-for-profit entity whose mission
is to advance the human resource ("HR") profession and serve the needs of HR
professionals by providing the most essential and comprehensive resources
available.
SHRM has considerable resources and experience for representing the HR
management community in a variety of matters. With a staff of more than 200,
SHRM has more than 20 specialized departments to serve the needs of HR
professionals. Through its regional and local meetings, website and other
forums, SHRM provides multiple venues for soliciting commentary and opinions
from the HR community and fostering debate regarding many issues facing the
community. SHRM's website alone exemplifies this role as a community forum by
providing many vehicles for receiving community input and providing community
services, including many chat rooms, bulletin boards, webcasts and online
forums. As an influential voice, SHRM is committed to advancing the human
resource profession to ensure that HR is an essential and effective partner in
developing and executing organizational strategy. Few, if any, organizations
are as qualified to speak for the HR community in terms of sTLD appropriateness
(to the community) and policy development.
Employ Media (www.employmedia.com) is a Delaware limited liability company
created for the purpose of managing the .jobs sTLD. Located in Cleveland,
Ohio, Employ Media was created, and is primarily owned, by Second Generation
Ltd, a family-owned limited partnership which focuses on entrepreneurial
investments and is also located in Cleveland, Ohio. Second Generation brings
to Employ Media considerable experience in business development, management and
marketing through, among other successful ventures, ownership of radio and
television broadcasting entities and provision of marketing expertise thereto.
Second Generation is committed to providing funding for Employ Media sufficient
to scale Employ Media to the size and ability necessary to successfully run a
stable, solid and dependable sTLD. For additional details regarding Second
Generation's experience, please see the "Initial Directors, Officers and Other
Staff" section herein.
Employ Media will be structured to provide efficient and effective management
of the .jobs sTLD. A copy of the operating agreement of Employ Media is
available upon request. For information regarding directors, officers, staff,
meetings, etc., please see further sections of this Part B and relevant
sections of Parts C and D.
Employ Media will function as the manager of the .jobs sTLD, providing
day-to-day operations of the sTLD, administering policy dictates from SHRM, and
overseeing technical registry operations provided by VNDS. Among Employ
Media's functions and missions is the commercialization and marketing of the
.jobs sTLD, but always acting within the policies as set forth by SHRM.
Inherent within Employ Media's functions and missions is maintenance of the
integrity of the .jobs sTLD, particularly in light of the desires of the
sponsored TLD community as detailed in SHRM's policies.
For a description of the policy-formation activities of SHRM and Employ Media,
please see the "Policy Making Process" section of this proposal.
The Community to be Served
As set forth in the .jobs charter (the "Charter"), a copy of which is available
upon request, the .jobs sTLD will be established to serve the needs of the
international human resource management community (the "Community"). As used
herein, "human resource management" is the organizational function that focuses
on the management and direction of people. The Community consists of those
persons who deal with the human element in an organization - people as
individuals and groups, their recruitment, selection, assignment, motivation,
compensation, utilization, services, training, development, promotion,
termination and retirement.
A key component to the Community is identification of the members of the
Community who are qualified to apply for a registration of a .jobs sTLD. As
detailed further in the Charter, a .jobs sTLD registration will only be issued
in response to an application which is submitted by a qualified applicant
(there are other restrictions to registration, but these restrictions are
discussed elsewhere in this application). A qualified applicant ("Qualified
Applicant") is a person who is (a) a member of SHRM; or (b) engaged in human
resource management practices that meet any of the following criteria: (i)
possess salaried-level human resource management experience; (ii) are certified
by the Human Resource Certification Institute; or (iii) are supportive of the
SHRM Code of Ethical and Professional Standards in Human Resource Management,
as amended from time to time (the "Code"). A copy of the Code is attached to
the Employ Media/SHRM agreement and is available at the SHRM website. The core
provisions of the Code include: (1) professional responsibility (add value to
the organizations they serve and contribute to the ethical success, credibility
and value of those organizations); (2) professional development (strive to meet
the highest standards of competence); (3) ethical leadership (exhibit
individual leadership as a role model for maintaining the highest standards of
ethical conduct); (4) fairness and justice (promote and foster fairness and
justice for all employees in their organizations); (5) conflicts of interest
(protect the interests of their stakeholders as well as their professional
integrity and not engage in activities that create actual, apparent, or
potential conflicts of interest); and (6) use of information (protect the
rights of individuals, especially in the acquisition and dissemination of
information while ensuring truthful communications).
The minimum threshold to be a Qualified Applicant is thus both being engaged in
human resource management practices and being supportive of the Code. In this
light a member of the Community can be a Qualified Applicant in many ways.
While many smaller entities do not have an “HR Manager,” most have at least
one individual who deals with the human element of the entity. While this
person may not desire to become certified or a member of SHRM, such person is
still a member of the Community (by virtue of their role of dealing with the
human element of the entity) and may become a Qualified Applicant by supporting
the Code. In an additional example, an independent recruiter can become a
Qualified Applicant by similarly supporting the Code.
The “Method of Ensuring Operation in the Interest of the Stakeholders of the
Community to be Served and the Internet at Large” is discussed immediately
below in Part A, Appropriateness of Sponsored TLD Community.
The Community is appropriate for the creation of the .jobs sTLD because, inter
alia, it is a clearly-definable community with a readily definable sub-class of
Qualified Applicants (for registering domains) and it is a group with clearly
defined needs (see below) which are not efficiently fulfilled by the current
DNS hierarchy of Top Level Domains.
As noted in Part B, Sponsoring Organization Structure, members of the Community
focus on the management and direction of people on behalf of the organization
they represent. This Community shares common goals, objectives and interests
including hiring people to perform the activities of the organization,
providing proper training, and facilitating appropriate rewards including
opportunities for individual achievement and advancement The commonality of
these interests transcend organizational size, industry, geographic location,
and business classification, forming the underlying interests and motivations
of the Community as a whole that long pre-dates the Internet. For example, one
of the many duties of an HR manager of an entity (a member of the Community) is
to attract quality employees to the entity. Similarly, one of the many goals
of an independent recruiter is to attract quality employees for the recruiter’s
clients (themselves employers). In performance of these duties, it is
incumbent upon these members of the Community to market their employer, and
further to promote access to information regarding the employer to potential
employees.
In recent years, the Internet has revolutionized the relationship between the
Community and the global labor market. The Internet has become a primary venue
for people seeking information and other forms of exchange regarding an
employer organization and notably its employment opportunities (jobs). A 2002
Pew study (see www.pewinternet.org/releases/release.asp?id=46) indicates that
over 50,000,000 people have used the Internet to search for a job and that
4,000,000 people per day search out new employment opportunities online,
representing a 60% jump since March 2000.
In response, the Community has demonstrated a common capacity to provide this
information in a self-administering way consistent with the goals, interests
and obligations this Community has historically shared with its employer
organizations. This has included evolving their Internet presence to focus
upon online employment as the platform for streamlined job-applicant
interactions in the staffing process. Use of the Internet has evolved to be an
integral organizational strategy of recruitment carried out by Community
members. As an example of this, 89% of Fortune 500 companies in 2002 linked to
their own employment section from their corporate home page (comprising over
75,000 job positions.) In 2003, 100% of the Global 500 in the Healthcare
industry offered a jobs page, 98% in the Manufacturing sector, 97% in the
Consumer sector, 92% in the High Tech sector, 91% in the Utilities sector, and
90% in the Financial sector. (See, www.ilogos.com/en/expertviews/trendwatch.)
For the Community, however, inefficiencies restrict the ability to communicate
and otherwise promote an exact Internet destination to the labor market. The
default evolution, by necessity (and skewed particularly within the .com zone),
has seen this Community implement creative methods (creative URL’s) including
use of a link or other reference to a particular part, sub web or third- or
fourth-level domain within the employer's website to communicate and promote HR
(including jobs) information. A shared and common need of this Community is
for a reasonable and consistent method for promotion and location by way of a
descriptive format within a new Top Level addressing hierarchy (i.e.
companyname.jobs). Such an sTLD will provide this Community efficiencies for
identifying the HR element -- an exact destination (i.e., a “jobs” page)
consistent with the organizational strategy this Community has historically
been charged to carry out, including with other forms of media, in its
communication to the labor market.
By way of this application for the .jobs sTLD, the Community, as represented by
SHRM, is requesting that ICANN approve delegation whereby its members can offer
a standardized address on behalf of the organization they represent for the
purpose of communicating such a destination to the labor market.
“Method of Ensuring Operation in the Interest of the Stakeholders of the
Community to be Served and the Internet at Large”
Operation of the .jobs sTLD in the interest of the stakeholders of the
Community is ensured by the relationship between Employ Media and SHRM. SHRM,
as an entity separate and distinct from Employ Media, has as its mission and
goal the furtherance of the stakeholders of the Community. SHRM's
participation as the policy delegate for the .jobs sTLD is just one more facet
in SHRM's mission. As a proven representative of the interests of the
Community, SHRM brings to the .jobs sTLD the same assurance of operation in the
best interests of the Community that SHRM brings to all other of its activities
in the best interests of the international HR community. Furthermore, the
Employ Media/SHRM agreement contractually obligates SHRM to act independently
from Employ Media and in the best interests of the Community in its role as
policy delegate. This independence and separation from Employ Media ensures
that operation of the .jobs sTLD, as manifested in the policy dictates of SHRM,
are made in the best interests of the Community rather than in the best
interests of the business of the .jobs sTLD (which is the job of Employ Media,
separate and distinct from the job of SHRM). For example, one policy of the
.jobs sTLD (as manifested in the SHRM/Employ Media agreement) is that only
Qualified Applicants may apply for a registration. Employ Media ensures that
this requirement will be enforced.
Furthermore, Employ Media is contractually obligated via the Employ Media/SHRM
agreement to manage the .jobs sTLD in conformance with the policies set forth
in the Agreement, the Charter and as provided by SHRM in its capacity as the
policy delegate. SHRM has several enforcement rights in the event of a breach
on the part of Employ Media, including up to obtaining injunctive relief to
ensure Employ Media's compliance therewith. These obligations as placed upon
Employ Media, and SHRM's ability to enforce same, further ensure operation in
the interest of the stakeholders of the Community.
Still furthermore, opportunities to register a domain in the .jobs sTLD will be
promoted and offered worldwide by Employ Media. Such opportunities will not be
abridged or limited in any way based upon race, gender, political affiliation,
country of origin or any other factor not delineated in the Charter or in the
registrant registration agreement.
Operation in the interests of the Internet at large will be ensured by the
agreement executed between ICANN and Employ Media. As with previous gTLD
agreements with ICANN, ICANN has enforcement rights vis-a-vis Employ Media's
obligations therein.
Furthermore, Employ Media will operate as set forth in this proposal, sections
of which detail Employ Media's outreach program to the Internet (e.g., by a
discussion board available to all), Employ Media's use of the UDRP construct,
Employ Media's performance obligations as subcontracted to VNDS, etc. For
example, a key concern of the Internet at large is protection of intellectual
property rights. As discussed in Part B, Protect the Rights of Others, Employ
Media will review the Qualification Document (as defined therein) of each
proposed registrant to guard against fraudulent registrations. This alone
protects the Internet at large from IP abuse from obvious cybersquatters and
nefarious registrants. In this light a company will not have pressure to
“defensively” register a domain prospectively against cybersquatters. Another
key concern of the Internet at large is the ability to be heard regarding
abusive registrations (if any slip through Employ Media’s enforcement
policies). As also discussed in Part B, Protect the Rights of Others, all
.jobs registrations will use the UDRP, modified as detailed therein to include
requirements regarding the Code. In this light, all members of the Internet at
large have at least one venue (a UDRP action) regarding any claims to .jobs
registrations.
Representation
SHRM will represent and take input from the Community in several ways.
Initially, as an association of HR professionals, SHRM is comprised of members
of the Community. Representation is achieved by the definition of being an
association (i.e., SHRM represents at least the subset of the Community which
are already SHRM members). Additionally, SHRM as an organization has been
receiving input from the Community since its inception. One of SHRM’s missions
is to take input from the Community in order to serve the best interests of the
Community. SHRM has empirically proven such input via many venues including
on-line forums and discussion groups, meetings, seminars, etc. Input from the
Community regarding the .jobs sTLD would be one more facet in this well-defined
and ingrained network of input channels.
Also, as detailed in Part B, Policy Making Process, SHRM will create a Council
(as defined therein) comprised of individuals representing various constituents
of the Community, including all sizes of employers, union and non-union
employers, government employers, international employers, etc. These
representatives will be chosen to ensure direct representation of all
stakeholders and constituents of the Community. As explained in the Policy
Making Process section of this proposal, the Council is integrally involved in
the policy process. As such, the Council has direct input into this process.
Thus, via the Council, the Community is additionally represented and given a
channel for input.
Still furthermore, and as detailed in the Policy Making Process herein, in the
event a task force is formed to review a proposed amendment (as defined
therein), a period of public comment will be held. During this period input
from the Community will be received, and such input will be incorporated in the
report of the task force.
Employ Media will also perform an outreach program as further detailed in the
Policy Making Process of this proposal. While the program is intended to
solicit input from the general Internet community, any stakeholder and/or
constituent of the Community is free to input opinions, information,
commentary, etc. into the program.
Openness and Tansparency :
Both SHRM and Employ Media are committed to and will promote openness and
transparency in policy making and managing the .jobs sTLD. For example, the
Policy Making Process as described in Part B, Policy Making Process, is open
and transparent, including providing access to any task force report and the
ability for all to submit comments thereon (and then subsequently providing
access to the final task force report). As further described therein, the
results of the policy making process (i.e., the decisions of the SHRM Executive
Committee and Employ Media) are particularly made available, along with meeting
minutes, notice provisions, etc.
Furthermore, the Community (via SHRM) and the public (via Employ Media) will be
encouraged to participate and comment in both policy making and TLD management.
Through use of the SHRM and Employ Media websites, both the Community and the
public will be able to follow the policy process and TLD management. Via these
websites (and other venues as described herein), commentary and opinion will
also be solicited. Generally speaking, all documents, minutes, commentary,
etc. relating to both policy and TLD management will be made publicly available
unless privacy concerns dictate restricting public access.
Initial Directors, Officers, and Other Staff
SHRM is an established organization with a complete board of directors and a
successful management team. The board and management team include (board
position identified first):
Chair of the Board, David B. Hutchins, SPHR, CEBS, CCP, Senior VP/Chief
Administration Officer
Chair Designate, Johnny C. Taylor, Jr., J.D., SPHR, Executive VP, General
Counsel & Secretary
Secretary, Janet N. Parker, SPHR, Senior VP, Corporate Employee Relations,
AmSouth Bank
Treasurer, Judith L. Streeter, PHR, Senior VP, HR, North American Lodging
Operations, Marriott International, Inc.
Director-at-large, C. Dennis Montgomery, SPHR, Manager of Organization
Development & Training, OGE Energy Corp.
Director-at-large, Judy Clark, CPC, SPHR, President, HR Answers
Director-at-large, Mary Cheddie, SPHR, VP, HR, The Orvis Company, Inc.
Director-at-large, Nancy L. Volpe, SPHR, Director of HR, Elan Nutrition, LLC
Director-at-large, Robb E. Van Cleave, SPHR, IPMA-CP, Director Employee &
Administrative Services, Wasco Co.
Director-at-large, Robert O. Gonzales, Senior VP and Managing Director,
Employee Services, Fidelity Investments
Director-at-large, Clinton R. Gurney, Managing Director, HR, LDS Church
Director-at-large, Rita Bennett, Director, Corporate Development Strategy for
Care International
Director-at-large, R. Roosevelt Thomas, Jr., DBA, CEO, Roosevelt Thomas
Consulting & Training, Inc.
President, CEO (Ex-Officio, Nonvoting Member), Susan Meisinger, SPHR, SHRM
The contact person at SHRM for the purposes of this proposal is Gary Rubin,
Vice President Publications and New Media. Mr. Rubin is responsible for SHRM’s
flagship publication, HR Magazine (circulation 170,000), as well as its other
award-winning publications such as Employment Management Today. Mr. Rubin has
more than 19 years of experience in publishing and new media management. Most
recently, Mr. Rubin served as the founding Vice President and General Manager
for the Magazine, Newsletter and Catalog Division at NewsStand, Inc. Mr. Rubin
was a founding board member of the Academy of Interactive Arts and Sciences, is
currently an Emmy Awards voting member for the Academy of Television Arts and
Sciences, serves on the board of directors for Boys Life Publishing, and is
Chairman of the HR Committee for the Business Publishers Association (ABM).
Additional information regarding SHRM directors, officers and staff, including
a description of each director’s position description and a list of all
officers, is available at the SHRM website and upon request.
Regarding Employ Media, pursuant to its operating agreement, Second Generation,
Ltd. has been appointed as the manager of Employ Media. Second Generation is a
Cleveland-based limited partnership primarily owned by the Embrescia family (of
which Tom and F. Matthew, detailed below, are members). Second Generation has
and is currently invested in multiple business entities representing multiple
industries, including media ownership, direct marketing, manufacturing and real
estate. In its sixth year of operation, Second Generation is a continuation of
Embrescia family business and/or investments with a history of greater than 30
years.
Employ Media’s operating agreement identifies the following key personnel and
their position. Each position below is a non-compensated position:
Thomas F. Embrescia, Chairman (non-compensated position): Mr. Embrescia has
spent the past 25-30 years of his career owning and managing FCC-licensed radio
and television properties throughout the United States. Mr. Embrescia’s
company Second Generation Television has built and/or currently owns and
operates television and radio affiliates in the Midwestern and Southern United
States. In addition to broadcasting activities, Mr. Embrescia was the co-owner
and Chairman of Sports Marketing, Inc., a sports network which has marketed the
broadcasting rights to professional sports teams. Tom was a successful partner
in Radio Direct Response, a .com marketer representing such companies as
Priceline.com. Tom is also Chairman and owner of Partners, LLC, a direct
marketing company. Mr. Embrescia is on the board of directors of ACME
Communications, the owned and operated arm of Warner Brothers Television
Network with television stations across the United States.
Scott Finerman, Treasurer/Secretary (non-compensated position): Scott is and
has been the Chief Financial Officer of Second Generation for the past 5 years.
Prior to this position, he was a partner in a regional accounting firm for 17
years. Scott has a history of involvement in community organizations,
including holding the position of President and/or Treasurer for many of these
organizations. A C.P.A. and an attorney (inactive), Scott has a B.B.A. from
The University of Michigan and a J.D. from the Cleveland Marshall College of
Law.
Ray Fassett, Vice President (non-compensated position): Ray has spent most of
his career in the small business and start-up environment. Ray began his
career in public accounting and subsequently joined the division of a newly
formed holding company that specialized in career fair events throughout the
U.S. There Ray was instrumental in launching a successful online career portal
which was eventually sold to a joint venture owned by the Washington Post and
Chicago Tribune. Since then, Ray has been a key member of a pure Internet
start-up, partially owned by Microsoft, pioneering technologies and products
pertaining to Digital Rights Management (DRM). As an individual, Ray has
actively participated in ICANN processes and attended ICANN meetings when
possible.
F. Matthew Embrescia, Vice President (non-compensated position): Matthew is
currently an advisor to Second Generation and is involved in the management of
many of Second Generation’s interests. A graduate of Georgetown University,
Matthew has worked throughout the United States primarily in media sales (e.g.,
radio, broadcast television and cable).
Employ Media, if this proposal is accepted, will engage qualified, dedicated
and experienced personnel for each salaried officer and/or key personnel
position as set forth in Parts C and D of this proposal. Employ Media will
also have an Advisory Board as detailed in the next section. Advisory Board
members will include:
Richard Celeste: Mr. Celeste, a former ambassador to India and Ohio governor,
is currently the President of Colorado College. A Yale University graduate and
Rhodes scholar, he was governor of Ohio from 1983 to 1991 and the United States
ambassador to India from 1997 to 2001. Mr. Celeste also headed the Peace Corps
under President Carter and has served on several corporate boards, including a
British Petroleum Co. advisory board.
Marty Pompadur: Marty Pompadur has extensive international business
experience. He is the Chairman of News Corporation Europe and has served as a
director thereof since November 2003. In June of 1998, Mr. Pompadur joined
News Corp as Executive Vice President of News Corporation, President of News
Corporation Eastern and Central Europe and became a member of News Corp’s
Executive Management Committee. In January of 2000 he was appointed to his
current position. Prior to joining News Corp, Mr. Pompadur was President of RP
Media Management and held executive positions at several other media companies.
He currently sits on the Boards of Metromedia International, Linkshare, News
Out of Home B.V., Balkan Bulgarian, RP Coffee Ventures and Sky Italia. Mr.
Pompadur is also a principal owner of Caribbean International News Corporation,
which publishes two Spanish language daily newspapers - El Vocero and El Mundo.
John W. Graham: John Graham serves as Chief Executive Officer of Nationwide
Advertising Service (NAS), a position he has held since 1983. NAS, an agency
of McCann-Erickson Worldwide, is the largest advertising agency in Ohio and one
of the largest agencies of its kind in the world, and has been headquartered in
Cleveland for over 50 years. John is a member of the Board of Directors of
Gund Business Enterprises, owner of the Cleveland Cavaliers NBA basketball
team, the Cleveland Rockers of the WNBA and operator of the Gund Arena. John
has been recognized as one of the “Greater Cleveland 100 Top Entrepreneurs.”
Jamie Kellner: Mr. Kellner is the Chairman and CEO of the WB television
network and ACME Communications, the WB’s third largest station group. Mr.
Kellner has spent a distinguished career in the television industry. A former
Chairman and CEO of Turner Broadcasting Systems, Inc., Mr. Kellner revitalized
the venerable CNN and polished Headline News into the youngest-skewing cable
news network. At the Fox Broadcasting Company, Mr. Kellner served as President
and COO, successfully nurturing Fox into a major player in broadcast
television. Mr. Kellner has also served as President of the Orion
Entertainment Group and Vice President of First-Run Programming at Viacom
Enterprises.
Scott DePerro: Mr. DePerro is a co-owner of Goldstar Holdings Ltd., an
investment partnership which actively invests in start-up and entrepreneurial
companies. Scott has over 20 years of business experience. In 1979 Scott,
with his brother Jeff, founded Aim Executive, Inc., an industry leading
national human resources consulting firm that was a pioneer in integrated HR
services. Aim Executive grew rapidly, being named to the Inc. 500 list of
fastest growing privately held companies in America for four consecutive years.
In 1997 Aim Executive was acquired by Spherion, and the Deperros’ remained for
four years as Division Presidents of this Fortune 500 global human capital
management firm. Scott is a Certified Personnel Consultant.
A. Add new value to the Internet name space
There is significant name value in the .jobs sTLD. The pursuit and maintenance
of employment is one of the oldest and longest-lasting fields of human,
institutional and social endeavor. The HR profession embodies this pursuit and
maintenance. One word that both signifies and symbolizes this endeavor from
both the perspective of the HR community and all employees (actual and
prospective) is “jobs”. Employment applicants want a job with an employer and
HR managers are tasked with managing the pursuit and maintenance of jobs for
the employer.
As previously noted, as of 2002 approximately 50,000,000 people had used the
Internet in the pursuit of a job. The prevalence of job boards and entire
businesses relating to the on-line job process (e.g., job postings, resume
submissions, etc.) further illustrates the ingrained manner in which jobs and
the Internet are currently entwined. When a potential employee accesses an
employer’s website for employment information, he or she is looking for a job
or looking to learn about a job.
The search for a job (and related HR services) is an endeavor that has
importance in every geographic region of the world, for every region has
employers that need employees. The word “jobs” itself has broad international
understanding in multiple languages, and does not have any negative or
derogatory meaning in any other language. Since the pursuit of jobs is likely
to continue as long as there are employers in the world, the .jobs sTLD has
lasting value. Furthermore, since the string “jobs” is relatively short and
easy to type (only 4 characters with no repeat characters) it is unlikely to be
deemed an inconvenience (such as with a longer domain name), which will prolong
its value. The string is similarly easy to spell, which will still further
prolong its value.
The string is appropriate to the scope of the Community. As previously noted,
members of the Community are generally tasked with promoting their employers to
potential employees, usually in terms of available jobs. In this regard, jobs
are the product which the Community needs to market. As such, the TLD string
“jobs” is entirely appropriate, as it exactly identifies the product which is
the main focus of the Community.
The string “jobs” is clearly differentiated from existing TLD’s. On a
character level, no other TLD is plural and no other gTLD begins with the
letter “j”. On a conceptual level, no current TLD serves the same purpose.
Other TLD’s connote general business, commercial enterprise, non-profit
organizations, educational organizations, museum organizations, cooperatives,
airline industry enterprises, general information and individual countries.
None of these TLD’s are aimed at the HR community, and none are
employment-specific.
Furthermore, Community needs regarding marketing and other uses regarding
“jobs” are not being met by current TLD’s at the second level. Either multiple
levels of domains are required (e.g., third- and fourth-levels) or extended
URL’s are necessary (domain.com/jobs; domain.biz/other/jobs; etc.). There is
no consistency, which leads to inefficiencies both within the Community and
through the Internet at large. Such inconsistency and convoluted nature of
current URL fixes (e.g., domain.com/xxxxx/jobs, etc.) complicates the
Community’s task of marketing their product (jobs). Such inconsistency
confuses the general Internet community and is inefficient (e.g., bandwidth
waste as job seekers must go through several entry pages until the employment
page is reached).
The .jobs sTLD delivers a choice to end users and likely attracts new supplier
and/or end user communities to the Internet. The choice is simple: if you are
searching for information regarding jobs, an end user may still choose the old
ways (drill down to a job page from the home site of an employer; use a search
engine to try to find a job page of an employer, etc.) or may simply choose the
streamlined approach of resolving to the companyname.jobs website. Use of the
.jobs sTLD will not eliminate current choices (as the links on the
companyname.com home website will now link to the companyname.jobs URL instead
of the older companyname.com/xxxxxxx/jobs URL), just add a streamlined
approach. Employ Media believes that this streamlined approach, along with the
marketing advantage such gives to the Community, will result in at least new
end user communities on the Internet, as ease and simplicity of access
generally increases use. Furthermore, new supplier communities may evolve as
members of the Community begin to address website design issues regarding their
companyname.jobs site (e.g., if special design modifications are desired for
the site).
The .jobs sTLD also delivers additional e-mail functionality to the Community
and the Internet at large. For example, an e-mail address of
“hr@companyname.jobs” can be used for job and/or HR-related inquiries, and
“resume@companyname.jobs” may be used for resume submission.
Employ Media believes that the .jobs sTLD will enhance competition in the
domain registration services at least as such relates to competition among the
registrars. As multiple registrars become qualified to accept .jobs
registrations (by e.g., becoming accredited ICANN registrars and entering into
a standard registrar agreement with Employ Media), competition between such
registrars will result. Historically speaking, such competition generally
drives retail prices down, which may further increase demand for the domains.
As many registrars have begun marketing a “turn-key, one stop-shopping”
solution to many of their corporate or other-entity clients, maintaining
additional registration(s) for .jobs domain(s) for each such entity will
compliment their current services and marketing strategy.
It is further believed that, as a general proposition, the existence of an
additional TLD will increase TLD registry competition. However, it is not
anticipated that .jobs registrations will take away many current TLD
registrations. However, certain subgroups of the Community may create
significant competition among TLD registries. For example, independent
recruiters are a key constituency of the Community. As a high percentage of
their on-line presence may comprise job listings (as their core business
offering), it is anticipated that this constituency may choose to migrate from
current TLD registrations (likely in .com or .biz) to .jobs. In this instance,
competition with existing TLD registries will be enhanced.
As detailed above, the .jobs sTLD will have a broad geographic and demographic
impact. The marketing and pursuit of jobs is truly global and generally spans
all demographics. The Community is a global community, as illustrated by the
prevalence of Personnel Management Associations (“PMA’s”) throughout the world
(e.g., the World Federation of Personnel Management Resources, of which SHRM is
a founding member, has over 50 international association members spanning most
continents). The mere existence of such broad and highly-populated HR
associations in every geographic region of the world illustrates the
significant size of the Community which the .jobs sTLD will serve. With the
diversity of the Community and the flexibility of marketing that the .jobs sTLD
gives members of the Community, Employ Media believes that in due time a large
number of registrants will be attracted. Eventually, as knowledge of the .jobs
sTLD permeates the knowledge of the general community of the Internet, end
users will associate job hunting with the .jobs sTLD. They will come to expect
that an employer (particularly large employers) will have a .jobs site, and
will go directly to companyname.jobs first in search of job and other
employment-related information. Recognizing this, members of the Community
will take advantage of such an association and will be further encouraged to
register their own companyname.jobs domain.
In this light the .jobs Charter is of significantly broad scope to encompass
all members of the HR community, whether they choose to be a member of an
association (or become certified) or not. Yet the Charter is not overly broad,
and includes the significant limitation of requiring members of the Community
to support the Code as a pre-requisite to becoming a Qualified Applicant.
Registrars
A .jobs sTLD further adds value to the Internet name space by fully
incorporating the ICANN-accredited registrar community into the sTLD. Employ
Media will encourage all registrars to become sellers of .jobs domains. As
such, selection and engagement of registrars will be by objective criteria
applied fairly to all; specifically, Employ Media will have standard registrar
terms governing the relationship between Employ Media and each registrar which
wishes to participate in the .jobs sTLD. Employ Media believes that there is
little additional burden to registrars in selling .jobs sTLD’s - Employ Media
performs the task of applicant verification (i.e., reviewing the Qualification
Document, the identity of the Qualified Applicant, the name of the proposed
registrant, etc.), and the technical interface with Employ Media/VNDS is very
similar to the current .com/.net registry/registrar interface (as it is
provided by the same entity - VNDS). Employ Media believes that availability
of .jobs registrations via multiple registrars would be a benefit to the
Community (as a convenience factor), the Internet at large (also as a
convenience factor) and Employ Media (in terms of, at least, marketing).
Register .jobs Domain
B. Protect the rights of others
The .jobs sTLD has policies and practices which minimize abusive registration
activities and other activities that affect the legal rights of others, and
which further provide safeguards against unqualified registrations and ensure
compliance with ICANN policies.
.jobs domain registrations are limited to the legal name of an employer and/or
a name or abbreviation by which the employer is commonly known. As detailed in
Part C, Current Operations I, all prospective registrants must submit a
Qualification Document (generally speaking, third party written proof of status
as an employer organization, such as, e.g., in the U.S., a Form 941) which will
be reviewed by Employ Media for approval prior to authorizing registration.
This will significantly minimize fraudulent entities from obtaining a
registration. This will also minimize registration of a name by an entity
which does not have such a legal name or is not commonly known by such a name.
This will minimize cybersquatters and/or domain prospectors. Furthermore,
abusive “overreaching” applications (i.e., requesting domains which do not
reflect the name of the entity (legal or commonly known)) will be rejected
under this practice.
Unqualified registrations will be further minimized by the requirement of a
Qualified Applicant to submit an application for registration. In the event an
application is submitted without a Qualified Applicant, the application will be
rejected. In the event an application is accepted with what turns out to be a
fraudulent Qualified Applicant, the registration may be deleted.
All registrants are required to enter into a Registration Agreement. The
Registration Agreement obligates the prospective registrant to support the
Code, to certify that a Qualified Applicant has submitted the application, that
the any statements made during the registration process (and in the
Registration Agreement) are complete and accurate, that (to the registrant’s
knowledge) the registration or intended use of the domain name will not
infringe upon or otherwise violate the rights of any third party, that the
registrant is not registering the domain name for any unlawful purpose, that
the registrant will not knowingly use the domain name in violation of any
applicable laws or regulations, and that the registration is subject to ICANN’s
UDRP (as modified for .jobs) and all applicable laws (such as
anti-cybersquatting legislation).
It is acknowledged that Employ Media’s proactive screening processes may not
catch 100% of all abusive and/or non-compliant registrations. It is further
acknowledged that circumstances may change during a registration period,
placing the registrant out of compliance with the Registration Agreement. In
the event of a such a later-determined abusive or fraudulent application, a
complaint may be filed under the UDRP and the registrant will have to submit to
UDRP arbitration. During this action, an independent arbitrator will determine
whether the actions of the registrant have violated the Registration Agreement.
If so, the registration is subject to cancellation. Alternatively, in the
event of an abusive or fraudulent use of a domain, the registrant is similarly
subject to the UDRP and the prospect of cancellation. Via UDRP and other
enforcement (e.g., via litigation) of the Registration Agreement, abusive
and/or unqualified registrations are significantly minimized.
Employ Media further recognizes that there is an added risk of abusive and/or
unqualified registrations during the start-up of the .jobs sTLD, and that such
a time is of particular significance in terms of the legal rights of others.
In this light, it is anticipated that .jobs will launch with at least one and
more likely two start-up periods.
A first start-up period would be limited to a pre-defined pool of Qualified
Applicants and registrants. Such a restriction is related to the interests of
the Community, i.e., they would encourage registration by the registrants which
have the most significant impact on the Community. Furthermore, it is of
benefit to the Community that Qualified Applicants be expeditiously validated.
In this light, the first start-up period will be limited to Qualified
Applicants who can supply written documentation to Employ Media that they are a
registered member of SHRM or a similar Personnel Management Association (such
as a PMA which is a member of the World Federation of Personnel Management
Associations - www.WFPMA.com). During this initial launch phase (expected to
be the first six months), Employ Media will target its resources and outreach
to this pre-defined pool of Qualified Applicants. Upon completion of the six
month period, Employ Media will report to ICANN the results of compliance
conformity and, if scoring at or above a threshold value (e.g., 90%), will
request to advance to the second start-up period.
The second start-up period, also to last six months, will expand the pool of
Qualified Applicants to the same pool as during standard operation of .jobs.
After this six month period, Employ Media will again report to ICANN the
results of compliance conformity, and if scoring above a threshold value, will
advance past the start-up period to normal operations.
During normal operations, Employ Media may seek the assistance of Verification
Partners to assist and streamline the registration process. Employ Media
understands that many employer organizations must already comply with third
party requirements regarding proof of employer status. For example, most
automated payroll services, such as ADP, require proof of employer status.
Employ Media will seek relationships with Verification Partners of the global
community where such proof of compliance may be shared and is consistent with
the geographic jurisdiction of the applicant.
It is believed that such a dual start-up period construct will alleviate many
abusive registrations and “legal rights” claims.
It is acknowledged, however, that during either of the start-up periods, that
multiple potential registrants may apply for a single .jobs domain name. If,
after Employ Media’s screening practices, more than one qualified potential
registrant remains, an attempt will be made to resolve the situation among the
qualified parties. As the best interests of the Community reflect a desire to
have employers accurately associated with a .jobs domain, parties will be
encouraged to implement a mechanism which allows all users to accurately
resolve to the employer of choice (e.g., a general redirection page) or to
decide among themselves which entity will get the registration. In the event
that a resolution can not be achieved, the applications will be reviewed by
Employ Media to determine if any priority can be determined based upon the
established guidelines. For example, it is anticipated that an exemplary
guideline would be that an applicant for an exact legal name would take
priority over an applicant for a commonly-known name which is not a legal name.
In the event no such priority exists (or if more than one applicant remains
after such a screening), a random priority will be determined. The
randomly-determined top priority applicant will be provisionally indicated as
the registrant. All additional potential registrants which were in the random
drawing will be ranked by the random draw. Each such ranked potential
applicant will be given an opportunity within a limited time frame to file a
stream-lined .jobs-modified UDRP complaint against the provisional registrant
to determine priority of rights. The winner of the UDRP action may then be
challenged by the next-in-line ranked potential applicant until all potential
applicants have had the opportunity to make a UDRP case. Upon the conclusion
of this process the last remaining potential applicant is allowed to register
the domain name.
It is not anticipated that such a situation will arise during normal
operations, where “first come, first serve” will be implemented, subject to
UDRP filings by subsequent parties based upon trademark/tradename rights,
registrant use issues and/or registration issues.
C. Assurance of charter-compliant registrations and avoidance of abusive registration practices
Several precise measures for discouraging registration of .jobs domain namesthat infringe the intellectual property rights of others are detailed in theproposal section immediately preceding this section. Additionally, it is notedthat a major concern of other TLD’s, namely, trademark infringement, is oflesser concern as such relates to the .jobs TLD. As the Charter and thecurrent policies prohibit all registrations which are not trade names orcommonly-known names, few (if any) applications for trademark.jobs will getthrough Employ Media’s screening process. This means that there will be littlepressure on current trademark holders to believe that they have to defensivelyobtain all of their “trademarks.jobs”. One event wherein a trademark right maybe affected is the instance wherein an applicant has a trade name and/or acommonly known name which is identical or confusingly similar to a trademark. In this event a trademark holder is free to file a UDRP action (as modified for.jobs). Of note, however, is the effect on likelihood of confusion of the.jobs sTLD. Namely, due to restrictions set forth in this proposal, aregistration in the .jobs sTLD will be associated with an employer, and moreparticularly the HR aspects of an employer (and still more likely jobpostings). Each such matter would likely be highly fact-specific, however, andis more adequately addressed in a UDRP action or litigation.Several precise measures for minimizing abusive registrations and ensuring thatonly charter-compliant persons or entities are able to register .jobs domainsare also detailed in the proposal section immediately preceding this section,including Employ Media’s screening processes of requiring a Qualified Applicantand review of the Qualification Document.A reserved list of names will be employed to prevent inappropriate nameregistrations. Furthermore, certain groups of domains will be reserved, suchas, e.g., a list of occupational identifiers (e.g., the U.S. Bureau of LaborStatistics list of SOC occupations), industry identifiers (e.g.,healthcare.jobs) and certain geographic identifiers (e.g.,northeasternohio.jobs). These restricted lists are in addition to therestriction that .jobs domains comprise only trade names or commonly-knownnames. In the event other domains are made available for registration (whichwould require a policy amendment subject to Council and SHRM approval), suchdomains will be specifically enumerated (i.e., not creatable by an applicant)and will be pre-screened to remove any inappropriate names.The .jobs sTLD will comply with all applicable trademark andanti-cybersquatting legislation. In the event of an inconsistency between suchlegislation and the procedures of Employ Media, Employ Media will revise itsprocedures to be in compliance therewith. In the event of such aninconsistency with the Charter or a SHRM-dictated policy, Employ Media willsponsor a proposed amendment to the Charter and/or policy and work with SHRMand the Council to create and implement compliant policy.Protection for famous names and trademarks will be provided during thescreening process of the Qualification Document by Employ Media. To the extentthat a famous name or trademark is applied for which does not match (in EmployMedia’s best judgment) the name of the applicant on the Qualification Document(including proof of a “commonly known name”), the application will either berejected or the applicant will be notified of a requirement for additionalQualification Documents relating to the issue of the famous trademark or name. In the event Employ Media allows such a registration, the holder of the famoustrademark or name may pursue a UDRP action (as modified for .jobs) against theregistrant (or may pursue litigation).Safeguards will also be taken to minimize abusive transfers. A .jobsregistration may not be transferred between different registrants until thetransferee has submitted an application by a Qualified Applicant, submitted aQualification Document which has been approved by Employ Media, and otherwisecomplied with the standard requirements for a qualified registrant. Suchsubmission will not be required for a registrar change.Of note, where in this proposal it is indicated that a Registration Agreementwill be entered into, or that a Qualification Document must be received, orthat a registrant must agree to submit to the UDRP, it is understood that suchactions will take place integrally with the registrars. For example, EmployMedia will require all registrars which accept .jobs sTLD registrations torequire a registrant to agree to a Registration Agreement containing termsdescribed in this proposal. Employ Media will be a named third partybeneficiary with strict enforcement rights. Qualification Document(s) may bereceived by the registrar and then forwarded to Employ Media for screening. All registrars which accept .jobs registrations will be required to adopt theICANN UDRP.
D. Assurance of adequate dispute-resolution mechanisms
The .jobs sTLD will adhere to the ICANN UDRP (i.e., Employ Media will require
all registrars which register .jobs domains to adhere to the UDRP), modified as
set forth herein. It is anticipated that the UDRP will be used in at least
three instances: (1) resolving post-registration claims regarding the domain
name itself; (2) resolving post-registration claims regarding use of the domain
name; and (3) during any start-up phase(s).
The standard UDRP policy will be modified as follows for .jobs TLD disputes:
The requirement that the domain name is identical or confusingly similar to a
trademark or service mark in which the complainant has rights is modified to
include “...confusingly similar to a trademark, service mark or trade name in
which the complainant has rights or the name under which the complainant does
business...”. This will grant standing to an entity based upon the entity’s
trade name or name under which it does business.
The requirement that a complainant show that a domain has been registered and
is being used in bad faith is modified to require a showing that the domain has
been registered and/or is being used in bad faith. This modification will
allow a claim based upon bad faith on the part of the registrant during either
registration or use.
Additional indicia of bad faith use will be added. These indicia will include
(1) use of the domain name inconsistent with the Code and (2) use of the domain
name in connection with a list of prohibited uses, which will include
pornography (except for employment therein to a named employer), hacks/cracks
content, etc. The list of prohibited uses will be compiled by Employ Media
with the assistance of SHRM to identify uses which the Community desires to be
prohibited.
Currently enumerated circumstances for proving a right and legitimate interest
will be amended to include trade names and names under which business is done
where trademarks and service marks currently are noted. A showing of bad faith
registration or use, however, will be considered as prima facie evidence of no
legitimate interest.
The remedy requested provision will be revised in the event transfer is
required. Transfer as a remedy will only be effectuated after the successful
complainant has otherwise qualified itself to Employ Media’s satisfaction as a
qualified registrant for the domain name at issue (including submitting a
Qualification Document approved by Employ Media, etc.).
With regard to resolving post-registration claims regarding the nature of the
domain name itself, a claimant will only have standing for a UDRP action if it
can prove the first modified prong of the UDRP. In other words, such a
claimant must have rights in a trademark, service mark or trade name, or do
business under a name, which is confusingly similar to the registered domain
name. This is actually broader than the standard UDRP. To win, a complainant
must show bad faith registration or bad faith use. If victorious, the remedy
is cancellation unless the complainant can otherwise make a showing to Employ
Media that it is a qualified registrant for the domain name at issue.
A complaint may also be filed under the UDRP for bad faith registration or use
of the domain name. Under this type of complaint, the complainant need not
prove the first prong of the UDRP (relating to confusing similarity), but the
only possible remedy from this type of UDRP claim is cancellation. If a
claimant wishes a transfer, it must file a UDRP action under post-registration
claims regarding the nature of the domain itself. The difference is a
complaint filed under the former will be used by a complainant with its own
rights in the domain (i.e., is its own business name), while the latter
complaint relates to registration and use of the domain and may be filed by
anybody (e.g., Employ Media may file a complaint under this theory to cancel a
domain which Employ Media believes is being used inconsistently with the Code).
Upon consulting with SHRM, Employ Media will determine whether a claim filed
under the latter theory will allow third parties (such as SHRM, the Council or
Employ Media) to file amicus curiae with the arbitrator of the claim.
A modified version of the UDRP may be used during any start-up phase, if
multiple Qualified Applicants apply for the same domain.
Register .jobs Domain
E. Provision of ICANN-policy compliant WHOIS service
The .jobs TLD will operate with a thick registry (see Part E of this proposal).
VDNS will maintain a shared registration system for all accredited registrars
who register .jobs domains. WHOIS access will be facilitated in compliance
with ICANN policies. It is anticipated that information will be provided which
is consistent with the WHOIS information currently provided in other TLD’s,
including identification of the registrant and contact information therefore,
administrative, technical and billing contacts, creation and expiration date
and DNS settings.
It is not anticipated that the identity or information regarding the Qualified
Applicant will be made generally available. An exception may be made for UDRP
filings or litigation, but confidentiality may be required by a recipient in
such a situation. The Qualification Document will not be made generally
available. A similar exception may be included for UDRP filings or litigation,
but any such disclosure will only be under strict confidentiality requirements.
For technical details regarding how a complete, up-to-date, reliable and
conveniently accessible WHOIS database will be provided, see Part E of this
proposal.
Employ Media ensures that the .jobs WHOIS database and access thereto will
comply with emerging ICANN privacy policies, if and when they become approved.
http://www.icann.org/tlds/stld-apps-19mar04/jobs.htm
.jobs Domain Name Registration
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