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:
(a) 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.
(c) 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 its user name and password. The Participant must also assure that any email address is associated with only one user name and password.
(d) The Participant must assure that each Registrant’s password expires on a certain date 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.
(e) 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 MLS rules, the Participant shall, upon request of the MLS, 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 MLS, provide an audit trail of activity by any such Registrant.
i. That the Registrant acknowledges entering into a lawful consumer-broker relationship with the Participant;
ii. That all information obtained by the Registrant from the VOW is intended only for the Registrant’s personal, non-commercial use;
iii. 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. That the Registrant will not 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. That the Registrant acknowledges the MLS’s ownership of, and the validity of the MLS’s copyright in, the MLS database.
- Section 10.1 VOW Defined
- Section 10.2 MLS Listing Display
- Section 10.3 Retrieval of Data
- Section 10.4 Contact Information Requirement
- Section 10.5 MLS Listing Information Security
- Section 10.6 Internet and Address Display
- Section 10.7 Comments and AVM’s
- Section 10.8 Responsibility to Maintain Accurate Information
- Section 10.9 Requirement to Refresh MLS Listing Information
- Section 10.10 Limitation of Use
- Section 10.12 Criteria for Excluding Listings
- Section 10.13 MLS Notification Requirement
- Section 10.14 Participant Accountability
- Section 10.15 Restricted Information
- Section 10.16 Manipulation of MLS Listing information
- Section 10.17 Disclaimer Requirement
- Section 10.18 Co-Branding of MLS Information
- Section 10.19 Information from Other Sources
- Section 10.20 License Agreement Required