If you are relying on monetisation then this is true. Does anyone know if there is a reasonable amount of time that one has to monetise a domain for before you can reasonably do something else with the domain name, for example if you monetise a domain for a year and then let it become inactive, do you run the risk of losing the domain name? Does it ALWAYS have to be monetised to be compliant.
You have to have a "close and substantial" connection at all times. This can either be by similar name / product or service etc - or it can be via "Domain Monetisation".
I think you are misquoting policy here as you decided to drop the very crucial word "sole".
That word SOLE is so important in the context of this policy. I have written about this many times on DNT.
For your solution to be "auDA compliant" you would need to have a system in place to ensure that the following conditions are met:
a) the content on the website to which the domain name resolves must be related specifically and predominantly to subject matter denoted by the domain name; and
b) the domain name must not be, or incorporate, an entity name, personal name or brand name in existence at the time the domain name was registered*.
* Definitions:
“entity name” means the name of an Australian registered company or incorporated association as listed with the Australian Securities and Investment Commission (ASIC), or the name of an Australian government body. It does not include a registered business name;
“personal name” means the given name(s) and/or last name of a person; and
“brand name” means the name of an identifiable and distinctive product or service, whether commercial or non-commercial.
Could you explain to us how you ensure the above conditions are met?
Because I'm a full-time domainer, I have made it my business to find out what is permissible and what is not.
I asked auDA when I was on either a working group or panel.
I'm not a developer - I park 99% of my domains. I use Fabulous predominantly and Rook Media secondly.
What one needs to bear in mind is that you will only ever have a problem if someone actually complains about a particular domain, and auDA feel the complaint may be justified. They then write to you via your Registrar, and you have time to try and address any potential issues.
But watch out if you start getting lots of complaints - because you may well get an audit of your whole portfolio to see if you're compliant with policy.
The only trouble I have ever really had with "parking pages" is for 2L / 3L domains. This is because it is extremely difficult for an automated system to show relevant ads. So if you get a complaint, you need to do something else with these (which is easy enough).
But the following is the most important section of auDA policy. A lot of people don't even know it exists - and they read the initial policy without reading this in conjunction!
In particular read 11.4 (and the last sentence therein). Bolding emphasis is mine.
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Guidelines on the Interpretation of Policy Rules for Open 2LDs (2012-05)
11. ALLOCATION CRITERIA – “DOMAIN MONETISATION” IN COM.AU AND NET.AU
11.1 In the com.au and net.au 2LDs, in addition to the categories of close and substantial connection listed in paragraph 10.5 above, it is also permissible to register a domain name for the purpose of domain monetisation under the close and substantial connection rule. Examples of domain monetisation include:
a) resolving the domain name to a website or landing page containing pay per click advertising links (also known as “parked pages”);
b) resolving the domain name to a website or landing page containing content such as general information, news articles, product reviews, blog posts and images, with the primary intent of generating revenue from third party affiliate or commission programs or pay per click advertising;
c) resolving the domain name to a website that contains directory listings;
d) redirecting the domain name to another domain name under a third party affiliate or commission program;
e) using the domain name to provide featured advertising services; and
f) using the domain name for traffic optimisation purposes.
11.2 Registrants who register domain names for the purpose of domain monetisation do not fall into any of the categories of close and substantial connection outlined in paragraph 10.5. For example, a registrant who registers “shoes.com.au” for domain monetisation purposes does not actually sell or manufacture shoes; their intention is to earn revenue from the domain name in one of the ways listed in paragraph 11.1. The policy rules allow people to register domain names for the purpose of domain monetisation under the close and substantial connection rule, but with two conditions of use to ensure that the intent and integrity of the close and substantial connection rule is maintained.
11.3 The first condition is that “the content on the website to which the domain name resolves must be related specifically and predominantly to subject matter denoted by the domain name”. This is intended to ensure that the close and substantial connection between the registrant and the domain name is visible and meaningful to users. If the content of the website does not relate to the domain name in any discernible way, then the close and substantial connection rule is not satisfied. auDA uses a “reasonableness test” to determine whether the content on the website satisfies the condition, ie. would a reasonable person regard the content as related specifically and predominantly to the domain name?
11.4 The second condition is that “the domain name must not be, or incorporate, an entity name, personal name or brand name in existence at the time the domain name was registered”. This condition is intended to ensure that domain monetisation is not used as a cover for cybersquatting or other misleading or fraudulent activity.
In determining whether a registrant is in breach of this condition, auDA will take into account whether the domain name is a generic word or may have an alternative meaning which is not related to a specific entity, person or brand.