Your agent / performer analogy simply doesn't hold, because the venue
does not then approach the performer and offer additional services that
the agent would otherwise perform.  In other words, the venue never goes
into competition with the agent, as can be (and usually is) the case
with registrars / resellers.

Ron Stark

-----Original Message-----
From: Auer, Karl James [mailto:karl.auer§id.ethz.ch] 
Sent: Tuesday, 24 June 2003 11:59 PM
To: dns§lists.auda.org.au
Subject: RE: [DNS] Registrant Agreements


> Having a reseller agreement with a registrar does not bind
> the registrant to a contract with a third party (the registrar).

Here's an example - a performer has an agent. The agent looks for a
venue that wants the performer to perform. The venue then hires the
performer, not the agent. The contract is between the venue and the
performer, but the agent manages the relationship and is in many cases
authorised to sign on behalf of the performer - i.e., a contract exists
between the performer and the agent which then in a certain limited
context permits the agent to bind the performer to other contracts. The
relationship between the agent and the performer benefits both, as does
the relationship between the performer and the venue.

In the case of registrars, the situation is even simpler, because of the
straightforward nature of the contract, the standardisation of all
contracts, and the low risk posed by entering the contract.

I can see no reason whatsoever to not allow resellers to act as agents
for registrants *provided* the registrant is kept informed.

> I'm basing this on the already stated legal opinion in this
> forum that a contract between the reseller and the registrant
> is not acceptable as authority to act on behalf of the registrant.

That would have to depend on the contract. I don't recall seeing the
"legal opinion", but as you've stated it, it sounds like a not very good
one...

Regards, K.

--
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Karl Auer (karl.auer§id.ethz.ch)             Geschaeft/work
+41-1-6327531
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