Winning approval for a new gTLD is a major achievement — but it’s not the end of the journey. Once ICANN gives the green light, the focus shifts from application to operation. And here, two elements become critical: the policies that govern how your TLD will function, and the contracts that formalize relationships with the partners and stakeholders who make it possible.
At Pitch, we see this as the stage where vision meets reality. Your gTLD isn’t just a concept anymore; it’s a living part of the internet’s infrastructure. Drafting the right policies and securing the right contracts ensures that your TLD operates smoothly, securely, and in line with both ICANN’s rules and your strategic goals.
Operating a top-level domain is not simply about having the technical capacity to keep the DNS running. It’s about creating a framework of trust. Trust that the registry will be managed fairly, that abuse will be dealt with quickly, that brand rights will be respected, and that end-users will be protected.
Without robust policies and contracts, even the strongest application can unravel. Weak governance can open the door to security issues, reputational harm, or even ICANN compliance violations. Poorly drafted contracts can lock you into unfavorable terms with service providers or expose you to liability.
This is why policy and contract work is not just “administrative clean-up” after approval. It is the bedrock of long-term success.
Every registry must define the rules under which its gTLD operates. These policies serve multiple purposes: they ensure compliance with ICANN obligations, they guide registrars and registrants, and they reflect your vision for the TLD.
Core Policy Areas
1. Eligibility Rules. Who can register domains under your TLD? For a Brand TLD (.brand), eligibility may be restricted to the company and its affiliates. For a community or generic TLD, eligibility might extend to broader categories of users, but with defined restrictions.
2. Registration Policies. How will domains be allocated? Will you use first-come-first-served, qualification-based allocation, or a hybrid approach? Will there be reserved names (e.g., terms critical to public interest)?
3. Use Restrictions. Will registrants be required to meet certain standards in how they use the domain? For example, a .health registry may require compliance with healthcare industry regulations.
4. Abuse Mitigation. Policies must address how the registry will respond to DNS abuse, phishing, malware, and other threats. Clear procedures here protect users and demonstrate accountability to ICANN.
5. Rights Protection Mechanisms (RPMs). ICANN requires registries to implement mechanisms like the Trademark Clearinghouse (TMCH), sunrise periods, and Uniform Rapid Suspension (URS). These need to be integrated into your registry policies.
Tailoring Policies to Strategy
Policies are not just compliance documents. They are strategic levers. For example:
• A Brand TLD can use tight eligibility and use restrictions to protect brand integrity.
• A Geographic TLD can create policies that prioritize local businesses and civic groups, reinforcing its role as a community asset.
• A Generic TLD may emphasize openness and scalability, but with safeguards against abuse.
At Pitch, we help clients draft policies that go beyond box-ticking — policies that reinforce the identity and purpose of the TLD.
Policies are only half the equation. To implement them, you need contracts that bind your partners and stakeholders into a coherent operational framework.
Key Contract Types
1. Registry Services Provider (RSP) Agreements. Your RSP handles the technical backbone of the TLD: DNS, WHOIS/RDAP, EPP, data escrow, DNSSEC, abuse mitigation. The agreement must clearly allocate responsibilities, service levels, liability limits, and compliance obligations.
2. Registrar Agreements. Registrars are the bridge between your registry and the public. Contracts must ensure that they comply with your policies, enforce rights protection mechanisms, and handle data responsibly.
3. Data Escrow Agreements. ICANN requires registries to escrow registration data with an approved provider. This ensures continuity if a registry fails. Agreements must align with ICANN standards while protecting your interests.
4. Affiliation and Partner Contracts. For Brand TLDs, contracts may govern how affiliates, subsidiaries, or licensees can use second-level domains. For community TLDs, agreements with community organizations may formalize governance structures.
Strategic Contracting
Just as with policies, contracts aren’t only about compliance. They’re about leverage and protection. For example:
• A well-drafted RSP agreement can prevent hidden costs or scope creep.
• Strong registrar contracts ensure that registrars support your brand and business goals.
• Carefully tailored affiliate agreements can enable brand expansion while safeguarding core assets.
At Pitch, we bring both legal expertise and practical experience to contract drafting. We know the pitfalls of vague or one-sided contracts, and we ensure our clients go into every relationship with clarity and security.
Policies and contracts must work hand-in-hand. Policies define the rules; contracts make them enforceable. For example:
• If your policy restricts eligibility, registrar agreements must include obligations to verify eligibility.
• If your policy prohibits abuse, your RSP contract must set service levels for monitoring and takedown.
• If your policy prioritizes local businesses, community agreements must set clear governance roles.
Misalignment between policies and contracts is one of the biggest risks registries face. Our job is to ensure everything connects seamlessly.
Through our experience in the 2012 round and beyond, we’ve seen where applicants often stumble:
• Copy-paste policies. Generic templates that don’t reflect the unique strategy of the TLD.
• Unbalanced contracts. Agreements drafted heavily in favor of service providers, leaving the registry exposed.
• Overlooked obligations. Failure to align contracts with ICANN’s Registry Agreement, leading to compliance issues down the line.
We help clients avoid these pitfalls by drafting bespoke policies and contracts that are both compliant and strategic.
The post-approval phase of a gTLD application is where the rubber meets the road. Policies and contracts aren’t just administrative steps; they are the framework that will govern your TLD for years, even decades.
At Pitch, we ensure that framework is strong, coherent, and aligned with your vision. From drafting policies that reflect your brand identity to negotiating contracts that protect your interests, we help you build a gTLD that is more than compliant — it’s resilient, trustworthy, and future-ready. Because in the end, the success of your gTLD isn’t measured by the approval of your application. It’s measured by how smoothly, securely, and strategically your TLD operates in the real world.
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