INTERNET DATA EXCHANGE (IDX) LISTING DATA ACCESS AGREEMENT (RETS) Status Includes: A, O, C, U Please direct additional questions and completed applications to [email protected] 1. IDENTITY OF PARTIES – Be it known that on this ________ day of ____________, 2016, the Gulf South Real Estate Information Network, Inc. and the New Orleans Metropolitan Association of REALTORS®, Inc. (hereinafter sometimes referred to as NOMAR and/or GSREIN), through its undersigned authorized representative; and the Internet Data Exchange (hereafter referred to as IDX) Participant, who is hereafter named and undersigned, enter into the following agreement pertaining to the authorization and license of the Internet Data Exchange Participant to use the Multiple Listing Services data under the terms and conditions as defined below. The term “Internet Data Exchange Participant” is the MLS Participant/Principal Broker who has exercised the MLS Participation Agreement, sometimes also referred to as the “Firm”. DEFINITIONS 2. For purposes of this Agreement, the following terms shall have the meanings set forth below. Internet Data Exchange Participant (IDX): A means by which each MLS Participant/Principal Broker subscribing to the program permits the display of its listings appearing in MLS on other IDX Participants Internet web sites according to the Internet Data Exchange Rules and Regulations. (See Rules and Regulations for details.) In so doing, you obtain permission from all other IDX participants to display their listings. You give permission and get permission in the same act. You don’t need to have a web site yourself. You do not need to take any action to become an IDX Participant. If you were a participant in the Gulf South Real Estate Information Network, Inc. (GSREIN) MLS when the Internet Data Exchange program was implemented, you were automatically signed up. If you are a new participant in GSREIN joining after the beginning of the Internet Data Exchange program, you will also automatically be signed up. If you don’t want to participate, you must fill out the form, “Adding/Dropping Internet Data Exchange.” If you do not fill out the form now, you can fill it out at any time later. Internet Data Exchange Database or IDX Data: The current aggregate compilation of all exclusive right to sell and exclusive agency listings of all Internet Data Exchange Participants except those listings where the property seller has opted out of Internet publication indicated in the field “IDX” in the MLS data input. Internet Data Exchange Participant or IDX Participant: A Participant who gives permission to other MLS Participants to display its listings on their web sites in return for their permission to advertise their listings on its web site. Multiple Listing Service or MLS: A means for collecting and disseminating information about real estate property that is or has been for sale, including a means for real estate brokers to make offers of cooperation and compensation to each other. Multiple Listing Services may also include, without limitation, the provision of data processing, technical support, consulting, and other information technology services to real estate brokers and appraisers in connection with the sale and appraisal of real estate property. Rules: The Rules and Regulations of GSREIN and Internet Data Exchange (IDX) Data Access Agreement, as amended from time to time, and any operating policies relating to the Internet Data Exchange Data and IDX Participants promulgated by GSREIN. Costs: For information on cost to receive data link feed see signature pages at the end of this agreement. There is no fee due GSREIN by becoming an IDX Participant. In order to advertise other brokers’ listings on your web site through IDX this contract must be executed. INTERNET DATA EXCHANGE (IDX) LISTING DATA ACCESS AGREEMENT (RETS) FEBRUARY 2016 Page 1 of 11 INTERNET DATA EXCHANGE (IDX) DATA ACCESS AGREEMENT (RETS) GSREIN’S OBLIGATIONS 3. During the term of this Agreement, GSREIN grants to IDX Participant a license to: a. License Grant: Subject to the terms and conditions of this Agreement, MLS hereby grants to Participant and Consultant a limited, revocable, non-transferable and non-exclusive License to receive from MLS an electronic datafeed of the MLS Listing Information for use solely and exclusively in connection with the display of MLS Listing Information on Participant’s IDX. During the term of this Agreement, MLS agrees to provide to Participant and Consultant: (a) access to the MLS Listing Information under the same terms and conditions MLS offers to other users; and (b) a minimum of (7) days advance notice of changes to the software file and record formats in which the substantive MLS Listing Information is to be stored for access under this Agreement. 4. During the term of this Agreement, GSREIN agrees to provide to IDX Participant and/or it’s Consultants: a. a URL to RETS Data, and b. User-Agent and Password for it’s RETS Client; and c. MLXchange ID associated with the RETS access; and d. advance notice of changes to the Data file and record formats and Rules. IDX PARTICIPANT/FIRM’S OBLIGATIONS 5. Firm agrees to abide by these rules which may be amended from time to time. 6. Firm acknowledges NOMAR/GSREIN’s ownership of the copyrights in the Internet Data Exchange Data. a. Limitations on License: Except as expressly set forth in this Agreement, Participant and Consultant shall not, facilitate, cause, or allow anyone else, to do any of the following: (a) use, display, access, distribute, transfer, alter, modify, commercialize, publish, disseminate or otherwise disclose any portion of the MLS Listing Information, or otherwise create any derivative works of the MLS Listing Information; (b) download, distribute, export, deliver, or transmit any of the MLS Listing Information, including to any computer or other electronic device, except Participant’s IDX as permitted under this Agreement; or (c) sell, grant access to, or sublicense the MLS Listing Information, or any portion of the MLS Listing Information, to any third party. Participant and Consultant agree to take all reasonable steps necessary to protect the MLS Listing Information from unauthorized access, distribution, copying or use. Participant and Consultant shall use their reasonable best efforts to ensure that the provisions of this Agreement and the Rules are not violated by any person under its control or in its service. Participant and Consultant shall not provide access to and/or share the MLS Listing Information with any person who or entity which has not first established a broker-consumer relationship (as defined in state law) and registered with the Participant using a unique ID and password. Participant and Consultant shall use their reasonable best efforts to cooperate with and assist MLS in identifying, preventing and terminating any unauthorized use, copying or disclosure of the MLS Listing Information or any portion thereof. b. “Participants, subscribers, and all users acknowledge that the information contained in the Multiple Listings Service is owned by the New Orleans Metropolitan Association of REALTORS®, Inc. and no user may, nor may they authorize or allow anyone to, download the active listings, sold listing data, or other information contained in the MLS for the recommercialization (resale) or for any purpose not authorized in writing by the New Orleans Metropolitan Association of REALTORS®, Inc. or the Gulf South Real Estate Information Network, Inc.” c. Each Internet Data Exchange Participant agrees to place, or cause to be placed, on each and every page displayed, and at the footer of each printout from its Internet Data Exchange site: “Copyright INTERNET DATA EXCHANGE (IDX) LISTING DATA ACCESS AGREEMENT (RETS) FEBRUARY 2016 Page 2 of 11 2016, New Orleans Metropolitan Association of REALTORS®, Inc. All rights reserved. Information deemed reliable, but not verified or guaranteed. Users are responsible for checking the accuracy, completeness, currency, and status of all information.” d. Each Internet Data Exchange Participant will place, or cause to be placed, on his Internet Data Exchange web site on the opening page displaying copyright data of NOMAR/GSREIN, a button named “Terms and Conditions” (or such similar name) with the following information clearly displayed: (i) “Copyright 2016 New Orleans Metropolitan Association of REALTORS®, Inc. All rights reserved. The sharing of MLS database, or any portion thereof, with any unauthorized third party is strictly prohibited.” (ii) “Information contained on this site is believed to be reliable; yet, users of this web site are responsible for checking the accuracy, completeness, currency, or suitability of all information. Neither the New Orleans Metropolitan Association of REALTORS®, Inc. nor the Gulf South Real Estate Information Network, Inc. makes any representation, guarantees, or warranties as to the accuracy, completeness, currency, or suitability of the information provided. They specifically disclaim any and all liability for all claims or damages that may result from providing information to be used on the web site, or the information which it contains, including any web sites maintained by third parties, which may be linked to this web site.” (iii) The information being provided is for the consumer’s personal, non-commercial use, and may not be used for any purpose other than to identify prospective properties which consumers may be interested in purchasing. The user of this site is granted permission to copy a reasonable and limited number of copies to be used in satisfying the purposes identified in the preceding sentence.” (iv) By using this site, you signify your agreement with and acceptance of these terms and conditions. If you do not accept this policy, you may not use this site in any way. Your continued use of this site, and/or its affiliates’ sites, following the posting of changes to these terms will mean you accept those changes, regardless of whether you are provided with additional notice of such changes.