ARTICLE 11: Internet Data Exchange (IDX)

IDX affords MLS Participants the ability to authorize limited electronic display of their listings by other Participants.

Section 11.1 Authorization

Participants’ consent for display of their active listings by other participants pursuant to these rules and regulations is presumed unless a participant affirmatively notifies the MLS that the Participant refuses to permit display (either on a blanket or on a listing-by-listing basis). If a Participant refuses on a blanket basis to permit the display of that participant’s listings, that participant may not download, frame or display the aggregated MLS data of other Participants. Even where Participants have given blanket authority for other Participants to display their listings on IDX sites, such consent may be withdrawn on a Listing-by-Listing basis where the Seller has prohibited all Internet display.

CVR MLS prohibits the electronic display of other Participants and Subscribers listings outside the context of the Internet Data Exchange (IDX) and Virtual Office Website (VOW) policies and rules. Amended 8/13

Section 11.2 Participation

Participation in IDX is available to all Participants who are engaged in real estate brokerage and who consent to display of their Listings by other Participants.

Section 11.2.1 IDX Site Accessibility

Participants 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 regulations. Upon receipt of a written request from a Participant, in a form acceptable to CVR MLS, CVR MLS will grant to the Participant, a non-principal broker or sales licensee affiliated with the MLS participant, or a Vendor for an IDX Participant, a license to display the IDX Listings subject to these Rules and Regulations, and the terms of any applicable license agreement. CVR MLS has no obligation to grant a license to an IDX Participant or Participants Vendor who does not enter into a license agreement acceptable to CVR MLS. Any IDX Participant using a third party vendor to maintain their IDX display web site must enter into a written license agreement with CVR MLS and the Vendor in a form approved by CVR MLS.

Section 11.2.2 Use of IDX Listings

Participants may not use IDX provided Listings for any purpose other than display as provided for in these rules. This does not require Participants to prevent indexing of IDX listings by recognized search engines.

Section 11.2.3 Internet and Address Display

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 VOW’s.

Section 11.2.4 Criteria for Excluding Listings

Participating Brokers 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, list price, type of property, cooperative compensation offered by Listing brokers, type of Listing, 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.

Section 11.2.5 Requirement to Refresh IDX Listing Information

IDX Participants must refresh all MLS downloads and IDX displays automatically fed by those downloads at least once every twelve (12) hours.

Section 11.2.6 Unauthorized Distribution

Except as provided in IDX policy and these rules an IDX site 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.

Section 11.2.7 Required Disclaimer

Any IDX display controlled by a Participant or Subscriber must include in a readily visible color and typeface not smaller than the median used in the display of IDX Listings the following: All or a portion of the multiple Listing information is provided by the Central Virginia Regional Multiple Listing Service, LLC, from a copyrighted compilation of Listings. All CVR MLS information provided is deemed reliable but is not guaranteed accurate. The compilation of Listings and each individual Listing are ©[insert current year here] Central Virginia Regional Multiple Listing Service, LLC. All rights reserved.

Any IDX display controlled by a Participant or Subscriber must identify the name of the brokerage firm under which the IDX Participant operates in a readily visible color and typeface.

Any IDX display controlled by a Participant or Subscriber must identify the Listing brokerage firm in a readily visible color and typeface not smaller than the median used in the display of the IDX Listing data.

CVR MLS reserves the right to determine the data fields, property status, and Listing types that may be displayed on the IDX Participant’s web site and their IDX Agent’s web site, and other publicly accessible web sites.

Section 11.2.8 Comments and Automated Valuation Models (AVM)

Any IDX display controlled by a Participant or Subscriber 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 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 participants’ websites.

Except for the foregoing and subject to Section 11.2.9, a Participant’s IDX site may communicate the participant’s 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.

Section 11.2.9 Contact Information Requirement

Participants 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.

Section 11.2.10 Co-mingling of Listings

An MLS Participant (or where permitted locally, an MLS Subscriber) 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 MLS Participant (or MLS Subscriber) 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.

Section 11.3 Display

Display of listing information pursuant to IDX is subject to the following rules:  11.3.1, 11.3.2, 11.3.3, 11.3.4, 11.3.5, 11.3.6, 11.3.7, 11.3.8.  Please refer to these Sections.

Section 11.3.1 Restricted Content

Listings displayed pursuant to IDX shall contain only those fields of data designated by the MLS. Display of all other fields (as determined by the MLS) is prohibited. A Participant’s IDX display may not make available for search any of the following information:

a. The compensation offered to other MLS Participants.

b. The type of Listing agreement, i.e., exclusive right to sell or exclusive agency.

c. The Seller’s and occupant’s name(s), phone number(s), or e-mail address(es).

d. Instructions or remarks intended for cooperating brokers only, such as those regarding showings or security of listed property.

e. Expired and withdrawn listings
Rev 3/16

Section 11.3.2 Manipulation of Listing Content

Participants shall not modify or manipulate information relating to other participant’s listings.  MLS Participants may 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 the 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. Rev 3/16

Section 11.3.3 Listing Firm Identification

All listings displayed pursuant to IDX shall identify the listing firm 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. Displays of minimal information (e.g. thumbnails, text messages, tweets, etc of 200 characters or less are exempt from this requirement but only when linked directly to a display that includes all of the required disclosures.

Section 11.3.4 Subscriber IDX Display

Non-principal brokers and sales licensees affiliated with IDX Participants may display information available through IDX on their web sites subject to their Participants content and control and the requirements of state law and regulation.  A Subscriber affiliated with an IDX Participant may display IDX Listings on their web sites subject to these additional terms and conditions:
If a Subscriber affiliated with an IDX Participant wishes to access to the IDX program, they must have the written permission of the IDX Participant, in a form acceptable to CVR MLS.
The Subscriber affiliated with an IDX Participant (A) may, if the IDX Participant has an IDX display web site, frame without manipulation the IDX Listings portion of the IDX Participant’s web site, or (B) if the IDX Participant does not have an IDX Listings web site the Subscriber may frame without manipulation the IDX Listing display web site maintained by CVR MLS, or (C) with the Participant’s permission the Subscriber may frame without manipulation the IDX Listing display web site maintained by CVR MLS even if the Participant has an IDX web site, or (D) the Subscriber may display IDX Listings on a web page designed by a Vendor on behalf of the Subscribers IDX Participant for use by all Subscribers affiliated with the respective IDX Participant.

Section 11.3.5 Information Source Acknowledgement

All listings displayed pursuant to IDX shall show the MLS as the source of the information.

Section 11.3.6 Restriction of Use

Participants and affiliated Subscribers (if applicable) shall indicate on their websites that IDX information is provided exclusively for consumers’ personal, non-commercial use, that it may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing, and that the data is deemed reliable but is not guaranteed accurate by the MLS. The MLS may, at its discretion, require use of other disclaimers as necessary to protect participants and/or the MLS from liability. Displays of minimal information (e.g. thumbnails, text messages, tweets, etc of 200 characters or less are exempt from this requirement but only when linked directly to a display that includes all of the required disclosures.

Section 11.3.7 Restricted Listings

Display of expired and withdrawn listings is prohibited.

Section 11.3.8 Other Restricted Information

Display of Seller and/or property occupant names, phone numbers, and e-mail addresses is prohibited.