Any REALTOR® member of the Richmond Association of REALTORS®, Inc., the Southside Virginia Association of REALTORS® or any other association who is a principal, partner, corporate officer or branch manager acting on behalf of a principal, without further qualification, except as otherwise stipulated herein, shall be eligible to participate in the MLS upon agreeing in writing to conform to the CVR MLS rules and regulations thereof and to pay costs incidental thereto. However, under no circumstances is any individual or firm, regardless of membership status, entitled to Multiple Listing Service “membership” or “participation” unless they hold a current, valid real estate broker’s license and cooperate or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property. Cooperation is the obligation to share information on listed property and to make property available to other brokers for showing to prospective purchasers and tenants when it is in the best interests of their clients. Use of information developed by or published by the MLS is strictly limited to the activities authorized under a Participant’s licensure(s) or certification and unauthorized uses are prohibited.

Mere possession of a broker’s license is not sufficient to qualify for MLS participation. Rather, the requirement that an individual or firm cooperates means that the Participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS, shares information on listed property, and makes property available to other brokers for showing to prospective purchasers and tenants when it is in the best interests of their clients, and to cooperate. “Actively” means on a continual and ongoing basis during the operation of the Participant’s real estate business. The “actively” requirement is not intended to preclude MLS participation by a Participant or potential Participant that operates a real estate business on a part-time, seasonal, or similarly time- limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a Participant or potential Participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny participation based on the level of service provided by the Participant or potential Participant as long as the level of service satisfies state law.

The key is that the Participant or potential Participant cooperates with respect to properties of the type that are listed on the MLS in which participation is sought. Cooperation is the obligation to share information on listed property and to make property available to other brokers for showing to prospective purchasers and tenants when it is in the best interests of their client(s). This requirement does not permit an MLS to deny participation to a Participant or potential Participant that operates a “Virtual Office Website” (VOW) (including a VOW that the Participant uses to refer customers to other Participants) if the Participant or potential Participant actively endeavors to cooperate. An MLS may evaluate whether a Participant or potential Participant actively endeavors during the operation of its real estate business to cooperate only if the MLS has a reasonable basis to believe that the Participant or potential Participant is in fact not doing so. The membership requirement shall be applied in a nondiscriminatory manner to all Participants and potential Participants.

Further, none of the foregoing is intended to convey “participation” or “membership” or any right of access to information developed by or published by the MLS where access to such information is prohibited by applicable law. Any person who qualifies for participation in the MLS shall be a Participant. Participant may also be referred to as Broker Participant.

Subscribers are Non-principal (Associate) brokers and real estate licensees who possess a valid real estate license and are licensed with an MLS Participant may become agent Subscribers of CVR MLS (“Subscriber”). Subscribers are responsible for all MLS services fees, compliance with MLS Rules and Regulations and the limitations and restrictions of state law. Subscribers shall be eligible to participate in the Multiple Listing Service upon Subscriber agreeing in writing to conform to the CVR MLS Rules and Regulations and to pay the required fees for Subscriber access. Participant must authorize Subscriber access requests.

Affiliated administrative and clerical staff who provide support to Participants and Subscribers are eligible to apply for Administrative User Access subject to certain limitations, as prescribed by the CVR MLS Board of Directors. The Participant is responsible for the Administrative User and their compliance with CVR MLS rules and regulations and the limitations and restrictions of state law. Administrative Users shall be eligible to participate in the Multiple Listing Service upon the Participant and the User agreeing in writing to cause the Administrative User to conform to the CVR MLS Rules and Regulations and to pay the required fees for administrative access. The responsible Participant must authorize all Administrative User access requests. An Administrative User access shall be used solely for the support of the real estate practice of the agent(s), team or brokerage firm identified on the Administrative User’s application. An Administrative User may not have multiple accounts with multiple firms.

City or county real estate assessors for localities within the Commonwealth of Virginia may become Assessor users (“Assessor User”). Assessor Users are responsible for all MLS services fees (if any) and must agree to comply with CVR MLS Rules and Regulations and the limitations and restrictions of state law.

All Participants, Subscribers, Office Managers and Administrative Users who are new to CVR MLS or have not had an active account within twelve (12) months of their application are required to attend the appropriate MLS training approved by the CVR MLS Board of Directors within 90 days of their activation date. Failure to complete the required training will result in a suspension of MLS access.

The CVR MLS Board reserves the right to require additional training of not more than four (4) hours in any twelve (12) month period when deemed necessary by the MLS to familiarize Participants and Subscribers with system changes or enhancement and/or changes to MLS rules or policies. Participants and subscribers must be given the opportunity to complete any mandated orientation and additional training remotely.

Participants and Subscribers have access to a CVR MLS forms library provided through a CVR MLS approved forms or transaction management partner.  The forms library contains both CVR MLS copyrighted (“CVR MLS Forms”) and non-CVR MLS copyrighted documents.  This forms library is provided to CVR MLS users for use in their real estate practice.  Any of the following actions will be considered a Prohibited Use of CVR MLS Forms:  (a) providing CVR MLS Forms to any non-CVR MLS agent or broker, unless the Participant or Subscriber is actively involved in a transaction with the non-CVR MLS Participant or Subscriber and/or (b) providing CVR MLS Forms to any client, customer or member of the public for use outside of a transaction involving the CVR MLS Participant or Subscriber.   Any Prohibited Use of a CVR MLS form is considered a violation of these Rules and Regulations and may be subject to a fine.