Green Valley/Sahuarita Association of Realtors, Inc./ Green Valley/Sahuarita Multiple Listing Service, Inc.

Transcription

1 Green Valley/Sahuarita Association of Realtors, Inc./ Green Valley/Sahuarita Multiple Listing Service, Inc. AGREEMENT FOR BROKER/AGENT WEBSITE USE OF MLS DATA (IDX Agreement) Office IDX Agent IDX This Agreement is entered into between the Green Valley/Sahuarita Association of Realtors, Inc. (GVSAR)/Green Valley/Sahuarita Multiple Listing Service, Inc. (GVSMLS) and and Office Designated Broker Agent (if applicable) Website Consultant (if applicable) Recitals 1. General Provisions: Participants must notify the MLS of their intention to establish an IDX site and make their IDX site directly accessible to the MLS for purposes of monitoring/ensuring compliance with applicable rules and policies. This Agreement addresses Broker/Agent use of MLS Listing data for publication on Internet websites. Any Broker or Agent ( Agent includes Associate Broker) who desires to place GVSMLS Listing data from other Brokers listings on their website (hereinafter referred to as GVSMLS Listing Data), must enter into this Agreement with GVSMLS. A separate Agreement is required for each Internet address (URL) on which the GVSMLS data will appear. For Broker or Company-based websites, only the Designated Broker must complete this Agreement. For Agent websites, both the Agent and that Agent s Designated Broker must complete this Agreement. If the Agent moves from one Designated Broker to another, or becomes a Designated Broker, a new Agreement must be completed. Any person who has completed this Agreement (hereinafter referred to as Participant ), agrees to allow all other Participants to display Participant s listings on other Participants websites (i.e. reciprocate), unless otherwise provided herein. Participants must be members of GVSMLS. 2. Data Ownership and Use: All data obtained from the MLS system is federally copyrighted and remains the property of GVSMLS. GVSMLS Listing Data is provided solely for publication on the Internet as a tool for consumers to search and view properties available for sale which have been listed with GVSMLS members. Utilizing the GVSMLS Listing Data for any purpose not outlined in this Agreement violates the copyright held by GVSMLS, and is not permitted. GVSMLS Listing Data and GVSMLS Internet Data Exchange ( IDX ) is provided solely for the use of GVSMLS members who are actively engaged with a real estate brokerage. c:\users\yvette\dropbox\green valley sahuarita association\gvs mls\idx agreement word.doc 1

2 3. Violation of Agreement: Any violation of this Agreement may result in immediate revocation of authorization to publish GVSMLS Listing Data on the Participant s website as well as any other penalties specified in the MLS Rules and Regulations. In addition to the terms of this Agreement, Participant s use of GVSMLS Listing Data is subject to GVSMLS Rules and Regulations. As always, knowledge of and compliance with GVSMLS Rules and Regulations is the responsibility of the Broker and Agent (if applicable). 4. Listings Authorized to be Displayed: Only active listings shall be downloaded and displayed on Broker/Agent websites. Only those active listings which indicate an Advertising Option Feature stating that the listing is available for all other Internet websites and/or other Brokerage Company and Agent websites shall be downloaded and displayed on Broker/Agent websites. Only those listings which have checked Yes or Yes without address to the IDX field may be exported for IDX. Participants may select the listings they choose to display on their IDX sites based only on objective criteria including, but not limited to, factors such as geography or location ( uptown, downtown:, etc.), list price, type of property, (e.g., condominiums, cooperatives, single-family homes, multifamily), type of listing (e.g., exclusive right to sell or exclusive agency), or the level of service being provided by the listing firm. Selection of listings displayed on any IDX site must be independently made by each Participant. 5. Website Appearance and Control: For all websites publishing GVSMLS Listing Data pursuant to this Agreement, Designated Broker approval and oversight is required. By signing this Agreement, the Designated Broker and Agent (if applicable), shall be responsible for ensuring the website adheres to all relevant federal, state and local laws and regulations, including, but not limited to, the Regulations of the Arizona Department of Real Estate and the Federal Fair Housing Act. Any Consultant(s) contracted to maintain the Broker s or Agent s website must sign both the Website Consultant Agreement and this Agreement. Except as provided elsewhere in this policy or elsewhere in an MLS s rules and regulations, an IDX site or participant operating an IDX site may not distribute, provide, or make any portion of the MLS database available to any person or entity. 6. Information: GVSMLS Listing Data that appears on a website shall not be modified and may not contain any more or less information than is contained in the approved downloadable fields list. Listing Agent and Listing Office name must be displayed on all listings in the same font and same size as the rest of the required information in the required fields. 7. Disclosure: The Broker/Agent website search results page shall contain the phrase: This data is provided by the Green Valley/Sahuarita Multiple Listing Service, Inc. Search results page shall also display the disclosure: Real estate listings held by brokerage firms other than (company name), are marked with the GVSMLS IDX logo. The GVSMLS IDX logo must be displayed on listings in Spreadsheet view and in Detail view on all but Participant s own Brokerage s listings. c:\users\yvette\dropbox\green valley sahuarita association\gvs mls\idx agreement word.doc 2

3 8. Site Scraping: Participants may not use IDX-provided listings for any purpose other than display on their websites. This does not require subscribers to prevent indexing by recognized search engines. 9. Updating: Participants must refresh all GVSMLS downloads and refresh all GVSMLS data at least once every three (3) days. 10. Disclaimer: The GVSMLS disclaimer, All information is deemed reliable, but not guaranteed, buyers are advised to confirm all information must appear on every page viewed or printed which contains GVSMLS Listing Data. Any information that can be printed from a Participant s website must contain this Disclaimer. 11. Warranty: GVSMLS does not make and expressly disclaims any warranty as to the accuracy or the ongoing availability of the listing data obtained from the GVSMLS data distribution system. Designated Broker and Agent (if applicable), shall indemnify and hold GVSMLS harmless, as well as waive any claim against GVSMLS for their access or inability to access the GVSMLS Listing Data system. The parties acknowledge that, by reason of the complexity of the equipment involved, there may be periods of time during which the computer equipment involved may not be capable of transmitting data. There may also be incompatibilities between the Broker s/agent s hardware and/or software and the GVSMLS hardware and/or software that affects access to the GVSMLS Listing Data system. GVSMLS has not, and does not, make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, fitness, suitability or merchantability of access to the GVSMLS Listing Data system or any accompanying software. 12. Consent of Owner: Listings or property addresses of sellers who have directed their listing brokers to withhold their listing or property address from display on the Internet (including, but not limited to, publicly accessible Web sites or VOWS) shall not be accessible via IDX sites. 13. Any IDX site that: (a) Allows third-parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or (b) Displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing. Shall disable or discontinue either or both of those features as to the seller s listings at the request of the seller. The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all participants professional judgment concerning any listing. Nothing shall prevent an IDX site from notifying its customers that a particular feature has been disabled at the request of the seller. 3

4 14. Subscribers shall maintain a means (e.g., address, telephone number) to receive comments about the accuracy of any data or information that is added by or on behalf of the subscriber beyond that supplied by the MLS and that relates to a specific property displayed on the IDX site. Subscribers shall correct or remove any false data or information relating to a specific property upon receipt of a communication from the listing broker or listing agent for the property explaining why the data or information is false. However, subscribers shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment. 15. Advertising: The GVSMLS reminds participants that their activities in our IDX program are also subject to local and state laws, including the Arizona Administrative Code. One applicable provision, Code R (E) requires that: All advertising shall contain either the name in which the employing broker s license is held or the fictitious name contained on the license certificate. The lettering used for the name of the employing broker shall appear in a clear and conspicuous manner. 16. Deceptive or misleading advertising (including co-branding) on pages displaying IDX-provided listings is prohibited. For purposes of these rules, co-branding will be presumed not to be deceptive or misleading if the subscriber s logo and contact information is larger than that of any third party. 17. Altering Data: Alteration of another Broker s data is prohibited. 18. Agreement Modification: As IDX evolves, so shall the GVSMLS Rules and Regulations and the terms of this Agreement. Broker and/or Agent is responsible for complying with this Agreement and the applicable Rules and Regulations of GVSMLS as modified from time-to-time. Also, from time-to-time, GVSMLS may require Participants to execute a modified version of this Agreement, voiding all prior agreements. It is the responsibility of the Participant to provide and keep current his/her address to GVSMLS, as this will be the primary means of communicating changes to the GVSMLS/IDX system. 19. Cancellation of this Agreement A. Agents: To cancel this Agreement, the Agent must give written notice to the Green Valley/Sahuarita Multiple Listing Service. The cancellation notice must be signed and dated by both Agent and Designated Broker, and must be submitted on company letterhead stationery. Upon cancellation of this Agreement by an Agent, the Agent will no longer be allowed to display or import IDX/GVSMLS information to his/her website. Further, the Agent s listings with his/her brokerage will continue to be displayed on other Broker s websites unless the Agent s 4

5 brokerage submits a cancellation notice to GVSMLS. B. Real Estate Brokerages: For the Real Estate Brokerage to cancel this Agreement, the Broker must give written notice to the Green Valley/Sahuarita Multiple Listing Service. The cancellation notice must be signed and dated by Designated Broker and must be submitted on company letterhead stationery. Upon cancellation by the Designated Broker of the Real Estate Brokerage, the brokerage and its agents will no longer be allowed to display or import IDX/GVSMLS information on their websites and their Real Estate Brokerage s firms listings will no longer be exported to other Participant s websites. IDX/GVSMLS information already present on other Participant s websites will continue to be displayed until listing has a status other than Active. Information already present on another Participant s website will in no way be affected by Participant s Real Estate Brokerage s cancellation of this Agreement. C. GVSMLS: GVSMLS may cancel this Agreement at any time by providing Broker and/or Agent (if applicable), with fourteen (14) days written notice via U.S. Mail, or facsimile of said cancellation. If Broker or Agent (if applicable) is in violation of the terms of this Agreement or the Rules and Regulations of GVSMLS, the cancellation provisions of paragraph 3 of this Agreement apply. 5

6 Internet address (URL): The Internet Address used for the Broker/Agent website will be: (If you do not currently have a website please leave blank) Agreed to: Address (Required) / Designated Broker Printed Name Signature Date (Required for each website) / Broker/Agent Printed Name Signature Date (Required for each website) / Website Consultant Printed Name Signature Date (Required when using a website consultant for each website) For my IDX Solution I understand I will be using RETS and there will be a set up fee of $50.00 for each RETS feed payable to GVSAR. RETS: Short for Real Estate Transaction Standard, RETS provides a common language so that computers can more easily transfer real estate information, such as MLS data, to other computer programs or Web sites. Simply put, RETS is a data transfer method to help simplify showing MLS data on your website. RETS technology helps you automate the process of having your listings (or all your area's listings) in an amiable, searchable, and brandable form. For my IDX Solution I would like to use the framing solution provided through FLEX. Framing Solution: The flexmls IDX search and customer portal receives data directly from the flexmls Web system and can be added to your web sites in a few minutes. Using the flexmls IDX Manager built right into the flexmls Web system you use for your MLS, you can create as many links as you d like and each link can be highly customized to meet the needs of the visitors to your site and make them customers for life. Multiple Listing Service Office Only Date Approved: Association Staff Signature As of 10/

7 WEBSITE CONSULTANT AGREEMENT Note to Real Estate Brokerage: This form, together with the Agreement for Broker/Agent Website use of MLS Data, must be completed and returned to GVSMLS for each individual or company that will be conducting website consulting for Broker/Agent regarding IDX. Broker/Agent Information Name: Company: Website Address: Consultant Information Name: Company: Street Address: City, State, Zip: Phone #: Address: (You MUST supply an address here. will be GVSMLS s primary means of communicating with you for notices under this agreement) Web consultant must also read and sign the Agreement for Broker/Agent Website use of MLS Data IDX Agreement and must not cause, in any way, a Broker/Agent s website to be in violation of said Agreement. Note to Web Consultant: Be sure to enter into this Consultant Agreement with GVSMLS and with each real estate Broker/Agent to which you provide services. If you sign only one agreement and that firm s access to IDX data is terminated, you will not be able to get the data for your other clients. The Green Valley/Sahuarita Association of Realtors /Green Valley/Sahuarita Multiple Listing Service accepts no responsibility for the design or implementation of the Broker, Company or Agent s website. Web Consultant (Signature) Date 7