Background for the applicant declaration
The applicant declaration defines the responsibility between the domain applicant, Norid and the registrar and is part of the contract between Norid and the applicant. This pages describes the background for why we have the applicant declaration.
The domain name policy for .no was considerably expanded in 2001, which increased the risk that applicants – on purpose or not – register names that they do not have the rights to register. Thus it became essential for Norid to reduce the possibility for applicants to claim that he did not know the premises for the registration. It is also important that the applicant is made aware of his responsibilty to make the necessary investigations. By requesting an applicant declaration form before the domain name is registered, Norid has clarified the applicant’s responsibility and got an explicit confirmation that the applicant is aware of this.
Disputes on what has been decided, understood and accepted when entering into a standard agreement is well known from several jurisdictions. While the domain name policy for .no is the complete contract between the applicant and Norid, the applicant declaration documents that the applicant has read the domain name policy, and accepted – as a premise for the agreement – what Norid does and does not do as well as the limits of Norid’s responsibility in general.
As well as clarifying the relationship between Norid and the applicant, the applicant declaration is also an advantage for a third party with rights to a name or brand. If applicants are aware of their responsibility, the amount of infringements due to lack of knowledge are reduced. For the registrar it is important to get a signature from the domain name holder which confirms that he has received the information he is supposed to receive and that he will accept a decision from the dispute resolution body.
The applicant declaration is also considered to be an important document by Norwegian authorities. When the Norwegian Domain Regulation was formed in 2003, it was decided that there must exist an applicant declaration for all .no domain names.