Section 18.2: Republication/Framing Of Internet Data Exchange Database On Internet Permitted

Republication/Framing Of Internet Data Exchange Database On Internet Permitted

(A)     An Internet republication of another IDXS’s listing shall not contain more (but may contain less) information than is contained in Triad MLS’s IDX database. 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 detached, multi-family), cooperative compensation offered by listing brokers, 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.

(B)     IDX participation is available to all MLS Participants engaged in and licensed in North Carolina to provide real estate brokerage services to buyers or sellers in real estate transactions and consent to display of their listings by other Participants. An IDXS must be contributing his/her listings to the IDX database, except those listings identified in Section 18(2)(a), (b), and (c).

(C)     IDXS / IDXU must notify the MLS of their intention to display IDX information and must give the MLS direct access for purposes of monitoring/ensuring compliance with applicable rules and policies.

(D)     The IDXS / IDXU shall refresh all MLS downloads and IDX displays automatically fed by those downloads at least once every twelve (12) hours.

(E)   An IDXS / IDXU may not modify or manipulate the republication of data relating to another IDXS’s listing. IDXSs / IXUs may be augment their IDX display of MLS data with applicable property information from other sources to appear on the same webpage or display, clearly separated by the data supplied by Triad MLS. The source(s) of the information must be clearly identified in the immediate proximity to such data. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized fields.

(F)     The Triad MLS-approved icon and an explanation that those properties marked with the icon are provided courtesy of the Triad MLS, Inc.’s, Internet Data Exchange Database must appear on the first page of the IDX republication where the listing data is displayed. Displays of minimal information (e.g., “thumbnails,” text messages, “tweets,” etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures.

(G)     Any search result in the republication identifying another IDXS’s listing in a brief or “thumbnail” format shall bear the Triad MLS-approved icon or the TRIAD MLS-approved thumbnail icon immediately adjacent to the property information to identify the listing as a TRIAD MLS listing. A thumbnail display of another IDXS’s listing may not include any contact information or branding of the IDXS / IDXU who owns the web site or any of its agents. A thumbnail display may only include the following: text data about the listing property, a photo of the listing property, the logo of the listing broker or TRIAD MLS-approved icon, and “buttons” providing links for other information.

(H)     A search result in the republication producing a detailed display of another IDXS’s listing shall bear the listing IDXS’s name, the selling IDXS’s name (if the listing has sold) the TRIAD MLS-approved icon, and TRIAD MLS’s copyright notice immediately following the property information. The listing IDXS’s name, selling IDXS’s name, the TRIAD MLS-approved icon, and copyright notice shall be as large as the largest type size used to display the listing data.  A detailed display in the republication of another IDXS’s listing may not include any contact information or branding of the Participant who owns the web site or any of its agents within the “body” of the listing data, except that if the displaying IDXS / IDXU is the selling firm/broker on a sold listing, the site may indicate that fact in the body of the listing.  The “body” is defined as the rectangular space whose borders are delimited by the utmost extent in each direction of the listing text and photo data.

(I)     Any result in the republication identifying another IDXS’s listing shall include the disclaimer “Information Deemed Reliable But Not Guaranteed.” Displays of minimal information (e.g., “thumbnails,” text messages, “tweets,” etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures.

(J)     Any Internet web site used for publication of the Internet Data Exchange Database or any portion thereof must be controlled by an IDXS and advertised as that IDXS’s / IDXU’s Internet web site. Any IDX display controlled by a Participant must clearly identify the name of the brokerage firm under which they operate in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. For purposes of the IDX policy and these rules, “control” means the ability to add, delete, modify and update information as required by the IDX policy and MLS rules.

(K)     IDXSs / IDXUs displaying the Internet Data Exchange Database or any portion thereof may not use IDX-provided listings for any purpose other than display as provided for in these rules. This does not require IDXSs / IDUSs to prevent indexing of IDX listings by recognized search engines. IDXSs / IDUSs must prominently post a notice on their website that any use of search facilities of data on the site other than by potential buyers and sellers is prohibited. If an IDXS / IDXU suspects “scraping” of the data has occurred, the suspicion and any evidence must be reported to the TRIAD MLS immediately for investigation and action.

(L)     An IDXS / IDXU must make changes to an Internet site necessary to cure a violation of TRIAD MLS’s Rules within five business days of notice from TRIAD MLS of the violation.

(M)     Except as provided in the IDX policy and these rules, an IDX site or a participant or user operating an IDX site or displaying IDX information as otherwise permitted may not distribute, provide, or make any portion of the MLS database available to any person or entity.

(N)     A participant or user may co-mingle the listings of other brokers received in an IDX feed with listings available from other MLS IDX feeds, provided all such displays are consistent with the IDX rules, and the participant or user holds participatory rights in those MLSs. As used in this policy, “co-mingling” means that consumers are able to execute a single property search of multiple IDX data feeds resulting in the display of IDX information from each of the MLSs on a single search results page; and that participants may display listings from each IDX feed on a single webpage or display.

(O)     No portion of the Internet Data Exchange Database shall be co-mingled with any non-MLS listings on the IDXS’s / IDXU’s Internet web site. Listings (excluded) not in the MLS shall be placed in a separate section part of the web site.

(P)     IDXS’s / IDXU’s republishing the IDX data must indicate on their web sites that the information being provided is for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify perspective properties consumers may be interested in purchasing.

(Q)     Listings, including property addresses, can be included in IDX displays except where a seller has directed their listing brokers to withhold their listing or the listing’s property address from all display on the Internet (including, but not limited to, publicly-accessible Web sites or VOWs).

(R)     Triad MLS has a right to fine for breach of IDX rules or password violations consistent with the provisions of Sections 9 and 9.1 (a) or (b) as applicable.

(S)     Triad MLS’s board of directors may define which data fields are available for IDX display. It shall make the list of permitted fields available to IDXS’s / IDXU’s.  The Triad MLS board of directors may change the permitted fields in its discretion by publishing a new list, and it may designate different fields available for active and sold listings.

(T)     Sold listings in the IDX Database (“IDX Solds”) are subject to the following requirements:

  1. No display of IDX Solds may be identified as a “CMA,” “comparable market analysis,” “broker price opinion,” or “appraisal.”
  2. On any page where IDX Solds are displayed, the displaying IDXS / IDXU must provide a disclaimer indicating that the sale data is for informational purposes only and is not an indication of a market analysis or appraisal.
  3. Only the primary MLS photo may be displayed on any IDX Sold.

(U)     Any IDX display controlled by an IDXS / IDXU 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, either or both of those features shall be disabled or discontinued for 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 displays controlled by participants. Except for the foregoing and subject to Section 18.2(U), an IDXS’s or IDXU’s display may communicate the participant’s professional judgment concerning any listing. Nothing shall prevent an IDX display from notifying its customers that a particular feature has been disabled at the request of the seller.

(V)     IDXS’s / IDXU’s shall maintain a means (e.g., e-mail address, telephone number) to receive comments about the accuracy of any data or information that is added by or on behalf of the participant beyond that supplied by the MLS and that relates to a specific property. Participants 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, participants shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment.

 

 

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