[nc-transfer] Thoughts on the conference call - Part II "Contractual Relationships"
On the issue of "Contractual Relationships"...
On the call, it was stated that each registrar must enter into a contract
with the registrant. While this is certainly true, it is not a contractual
requirement that the reseller or an agent of the registrar or registrant be
excluded from the benefit or obligation of this contract. Statements to the
contrary, I suspect, are made by registrars with a retail focus. A purely
retail focus has the effect of limiting the registrars experience in the
marketplace to one very specific set of circumstances and understanding.
This point is very closely related to the issue of Apparent Authority and
Agency. As the registrant may appoint an individual to act on its behalf
(either implicitly through apparent authority, or explicitly via contract),
so too may the registrars. In fact, there are thousands of these types of
relationships in place today, governed by contract that fully satisfy all
existing legal and ICANN-imposed requirements.