Section 20.3: Prerequisites For Access; Registration; Terms Of Use

Prerequisites For Access; Registration; Terms Of Use

(A)     Prerequisites for access. Before permitting any consumer to search for or retrieve any MLS Listing Information on his or her VOW, the Participant must take each of the following steps:

  • (i)   The Participant must first establish with that consumer a lawful broker-consumer relationship (as defined by state law), including completion of all actions required by state law in connection with providing real estate brokerage services to clients and customers (hereinafter “Registrants”). Such actions shall include, but are not limited to, satisfying all applicable agency, non-agency, and other disclosure obligations, and execution of any required agreements.
  • (ii)  The Participant must obtain the name of, and a valid email address for, each Registrant. The Participant must send an email to the address provided by the Registrant confirming that the Registrant has agreed to the Terms of Use (described in subsection (d) below). The Participant must verify that the email address provided by the Registrant is valid and that the Registrant has agreed to the Terms of Use.
  • (iii) The Participant must require each Registrant to have a user name and a password, the combination of which is different from those of all other Registrants on the VOW. The Participant may, at his or her option, supply the user name and password or may allow the Registrant to establish his or her user name and password.  The Participant must also assure that any email address is associated with only one user name and password.

(B)     Password expiration; Retention of records. The Participant must assure that each Registrant’s password expires on a date certain but may provide for renewal of the password. The Participant must at all times maintain a record of the name, email address, user name, and current password of each Registrant.  The Participant must keep such records for not less than 180 days after the expiration of the validity of the Registrant’s password.

(C)     Disclosure of records to the Service. If the MLS has reason to believe that a Participant’s VOW has caused or permitted a breach in the security of MLS Listing Information or a violation of rules, the Participant shall, upon request of the Service, provide the name, email address, user name, and current password, of any Registrant suspected of involvement in the breach or violation.  The Participant shall also, if requested by the Service, provide an audit trail of activity by any such Registrant.

(D)     Terms of use. The Participant shall require each Registrant to review, and affirmatively to express agreement (by mouse click or otherwise) to, a “Terms of Use” provision that provides at least the following:

  • (i)   the Registrant’s acknowledgement that he or she has entered into a lawful consumer-broker relationship with the Participant;
  • (ii)  the Registrant’s agreement to use information obtained by the Registrant from the VOW only for the Registrant’s personal, non-commercial use;
  • (iii) the Registrant’s representation and warranty that the Registrant has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW;
  • (iv) the Registrant’s agreement not to copy, redistribute, or retransmit any of the information provided except in connection with the Registrant’s consideration of the purchase or sale of an individual property;
  • (v)  the Registrant’s acknowledgement of the MLS’s ownership of, and the validity of the MLS’s copyright in, the MLS database.

(E)      Terms of use impose no financial obligation or representation. The Terms of Use agreement may not impose a financial obligation on the Registrant or create any representation agreement between the Registrant and the Participant.  Any agreement entered into at any time between the Participant and Registrant imposing a financial obligation on the Registrant or creating representation of the Registrant by the Participant must be established separately from the Terms of Use, must be prominently labeled as such, and may not be accepted solely by mouse click.

(F)     Access for review purposes. The Terms of Use agreement shall also expressly authorize the Service, and other MLS Participants or their duly authorized representatives, to access the VOW for the purposes of verifying compliance with rules and monitoring display of Participants’ listings by the VOW.  The agreement may also include such other provisions as may be agreed to between the Participant and the Registrant.



< Previous                                                                                                                                            Next>