Internet Data Exchange (IDX)

Transcription

1 Internet Data Exchange (IDX) (Formerly known as Broker Reciprocity) A service of the MLSOK, Inc. Broker & Vendor Services Unit Broker Information Packet & Technical Documentation MLSOK, Inc Northwest Expressway Oklahoma City, OK (405) (405)

2 IDX Defined IDX affords MLS participants the option of authorizing display of their active listings on other participants Internet Web sites. IDX Rules & Limitations Section 18.1 Authorization Participants consent for display of their active listings by other participants pursuant to these rules and regulations is presumed. If a participant wishes to withhold consent on a blanket basis to permit the display of that participant s listings they must notify MLSOK, Inc. in writing using the Exemption/Discontinue IDX form and that participant may not download or frame 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have given blanket authority for other participants to display their listings on IDX sites, such consent may be withdrawn on a listingby-listing basis as instructed by the seller. Section 18.2 Participation Participation in IDX is available to all MLS participants who are REALTORS and who consent to display of their listings by other participants. Section Participants must notify the MLS of their intention to establish an IDX site and must make their site directly accessible to the MLS for purposes of monitoring/ensuring compliance with applicable rules and policies. Section MLS participants may not use IDX-provided listings for any purpose other than display on their websites. This does not

3 require participants to prevent indexing of IDX listings by recognized search engines. Section Listings or property addresses of sellers who have directed their listing brokers to withhold their listing or property address from display on the Internet (including, but not limited to, publiclyaccessible Web sites or VOWs) shall not be accessible via IDX sites. Notwithstanding this prohibition, listing brokers may display on their IDX sites or their other Web site(s) the listing or property address of consenting sellers. Section Participants 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 ( uptown, downtown, etc.), list price, type of property (e.g., condominiums, cooperatives, single-family detached, multifamily), cooperative compensation offered by listing brokers, type of listing (e.g., exclusive right-to-sell, exclusive agency, or open 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 Participants must refresh all MLS downloads and refresh all MLS data at least once every three (3) days. Section Except as provided in these rules, an IDX site or a participant or user operating an IDX site may not distribute, provide, or make any portion of the MLS database available to any person or entity.

4 Section When displaying listing content, a participant's or user s IDX site must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. Section Any IDX site 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 disable or discontinue either or both of those features as to 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 , 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 Participants shall maintain a means (e.g., 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 displayed on the IDX site. Participants shall correct or remove any false data or information relating to a

5 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 Participants may provide IDX information to their respective real estate franchise organizations ( franchisors ) to be indexed for display on such franchisors websites, subject to the following requirements and limitations. Failure of a franchisor to comply with the following requirements and limitations can, at the discretion of the MLS, result in suspension or termination of the participant s(s ) authority to provide IDX information to the franchisor. a. Initial search results that provide minimal information (e.g., thumbnails ) are exempt from MLS-required disclosures (e.g., listing firm, listing agent, source of information, notice that information is deemed reliable but is not guaranteed accurate) provided that a direct link to a detailed ( full view ) display that includes all required disclosures is provided. b. Consumers can link directly to a detailed ( full view ) display that complies with disclosure/display rules of the source MLS. c. IDX information cannot be used for any unauthorized purpose. d. Inaccurate or incomplete information related to any listing must be promptly corrected by the franchisor at the request of the source MLS. e. No advertising may appear on pages displaying IDX information. f. IDX listing information cannot be modified, manipulated, or permanently retained.

6 Note: For purposes of this policy, real estate franchisor is defined as a company granting real estate brokerage franchises under the franchisor s trademarks pursuant to a franchise disclosure document meeting applicable Federal Trade Commission rules. Section 18.3 Display Display of listing information pursuant to IDX is subject to the following rules: Section 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. Confidential fields intended only for other MLS participants and users (e.g., cooperative compensation offers, showing instructions, property security information, etc.) may not be displayed on IDX sites. Section Participants shall not modify or manipulate information relating to other participants' listings. (This is not a limitation on site design but refers to changes to actual listing data.) MLS data may be augmented with additional data not otherwise prohibited from display so long as the source of the additional data is clearly identified. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized data fields. Section All listings displayed pursuant to IDX shall identify the listing firm in a black font color and a typeface not smaller than the median

7 used in the display of listing data. Identification should read Listing Courtesy of: and the name of the firm. Section All listings displayed pursuant to IDX shall identify the listing agent. Section Non-principal brokers and sales licensees affiliated with IDX participants may display information available through IDX on their own Web sites subject to their participant s consent and control and the requirements of state law and/or regulation. Section All listings displayed pursuant to IDX shall show the MLS as the source of the information. Section Participants (and their affiliated licensees, if applicable) shall indicate on their Web sites 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. Section Listings obtained from other IDX sources (e.g., from other MLSs, from non-participating brokers, etc.) must display the source from which each such listing was obtained.

8 Section Display of expired, withdrawn, released, sold and pending listings is prohibited. Section Display of seller s(s ) and/or occupant s(s ) name(s), phone number(s), and address(es) is prohibited. Section Each third party vendor requesting an IDX feed must pay to MLSOK, Inc. an initial $200 set up fee and an additional $25 per solution application thereafter. Participants and users displaying a search solution on their websites will pay an annual $25 maintenance fee to MLSOK, Inc. Section IDX Feeds shall include: Land & Lots, Multi-family, Lease and Residential properties and available fields should be limited to the buyer full detail sheet fields with the exception of the Realtor Remarks/Description field to be withheld from the feed.

9 Quick Start to IDX 1) It is assumed that all Participants (Brokers) of the MLSOK, Inc. have opted in to IDX. To opt out please complete the Opt Out form in this packet. As a Participant, your firm may opt back in with a written letter with Participant s original signature to: Broker & Vendor Services signed 2) Complete & sign the IDX form 3) Have your website vendor complete and sign the vendor form 4) Mail in the IDX form, the website vendor form, and the vendor payment (made payable to MLSOK, Inc.) to: Broker & Vendor Services 3131 Northwest Expressway Oklahoma City, OK ) Upon verification of all necessary materials you will receive a verification notice of IDX feed from Broker Services 6) Website vendors will be required to pay MLSOK, Inc. a $200 initial set up fee and $25 per solution application thereafter. Participants and users displaying a search solution on their websites will pay an annual $25 maintenance fee to MLSOK, Inc.

10 MLSOK, Inc Northwest Expressway, Oklahoma City, OK (405) Fax (405) IDX LIMITED DATA EXPORT REQUEST All IDX Requests must be signed by the principal broker, agent, and the vendor to be processed. The MLS Participant (broker) agrees to follow all IDX Rules, Section 18 of the MLSOK, Inc. Rules & Regulations, as a condition of the IDX and agrees to all Rules & Regs by his/her signature on this document. The Participant shall indemnify and hold MLSOK, Inc. harmless from any loss, liability, damage, cost or expense (Including without limitation attorney s fees) arising out of or relating to any claims or suits which may be brought or made against MLSOK, Inc. by reason of utilizing the IDX feed, by his/her signature on this document Please Print information in this column Signature & date this column Brokerage Office Name: Broker Name: X Date: Agent Name: X Date: Website URL Request for: Website Vendor Company Name: Vendor Contact Name: Vendor Address: Vendor Phone: Vendor Fax: Vendor

11 MLSOK, Inc. Website Vendor IDX Feed Agreement The Website vendor identified in this agreement agrees to the following terms as a condition of a release of an IDX feed. a) The web site vendor agrees to all Rules & Regulations of the MLSOK, Inc. relevant to an Internet Data Exchange Feed (Rules attached in Addendum A) b) The web site vendor agrees to indemnify and hold MLSOK, Inc. harmless from any loss, liability, damage, cost or expense (Including without limitation attorney s fees) arising out of or relating to any claims or suits which may be brought or made against MLSOK, Inc. by reason of utilizing the IDX feed, by his/her signature on this document. c) The website vendor agrees to pay an initial $200 set up fee for an IDX feed d) The website vendor agrees to pay an additional $25 for each subsequent REALTOR request for a feed (checks made payable to MLSOK, Inc. must accompany this application) e) The website vendor acknowledges that the feed will be immediately disconnected upon knowledge of violation of the Rules & Regulations including the share of data to any site URL or entity not applied for with and approved by MLSOK, Inc. and receipt of payment as applicable to Section f) The website vendor agrees to refresh/update the feed no less than weekly per the MLS Rules & Regulations g) The website vendor agrees to display all necessary disclosures defined in the Rules & Regulations and it is recommended that refresh times be clearly posted on the site if the refresh is completed less than daily h) The website vendor agrees to honor the copyright of the MLS database compilation Website Vendor Company Name Vendor Signature & Date

12 Addendum A to Vendor/MLSOK, Inc. IDX Agreement The vendor agrees to follow all Rules & Regulations as defined in this addendum IDX Defined IDX affords MLS participants the option of authorizing display of their active listings on other participants Internet Web sites. IDX Rules & Limitations Section Participants must notify the MLS of their intention to establish an IDX site and must make their site directly accessible to the MLS for purposes of monitoring/ensuring compliance with applicable rules and policies. Section MLS participants may not use IDX-provided listings for any purpose other than display on their websites. This does not require participants to prevent indexing of IDX listings by recognized search engines. Section Listings or property addresses of sellers who have directed their listing brokers to withhold their listing or property address from display on the Internet (including, but not limited to, publicly-accessible Web sites or VOWs) shall not be accessible via IDX sites. Notwithstanding this prohibition, listing brokers may display on their IDX sites or their other Web site(s) the listing or property address of consenting sellers. Section Participants 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 ( uptown, downtown, etc.), list price, type of property (e.g., condominiums, cooperatives, single-family detached, multi-family), cooperative compensation offered by listing brokers, type of listing (e.g., exclusive right-tosell, exclusive agency, or open 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 Participants must refresh all MLS downloads and refresh all MLS data at least once every three (3) days.

13 Section Except as provided in these rules, an IDX site or a participant or user operating an IDX site may not distribute, provide, or make any portion of the MLS database available to any person or entity. Section When displaying listing content, a participant's or user s IDX site must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. Section Any IDX site 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 disable or discontinue either or both of those features as to 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 , 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 Participants shall maintain a means (e.g., 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 displayed on the IDX site. 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

14 obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment. Section Participants may provide IDX information to their respective real estate franchise organizations ( franchisors ) to be indexed for display on such franchisors websites, subject to the following requirements and limitations. Failure of a franchisor to comply with the following requirements and limitations can, at the discretion of the MLS, result in suspension or termination of the participant s(s ) authority to provide IDX information to the franchisor. a. Initial search results that provide minimal information (e.g., thumbnails ) are exempt from MLS-required disclosures (e.g., listing firm, listing agent, source of information, notice that information is deemed reliable but is not guaranteed accurate) provided that a direct link to a detailed ( full view ) display that includes all required disclosures is provided. b. Consumers can link directly to a detailed ( full view ) display that complies with disclosure/display rules of the source MLS. c. IDX information cannot be used for any unauthorized purpose. d. Inaccurate or incomplete information related to any listing must be promptly corrected by the franchisor at the request of the source MLS. e. No advertising may appear on pages displaying IDX information. f. IDX listing information cannot be modified, manipulated, or permanently retained. Note: For purposes of this policy, real estate franchisor is defined as a company granting real estate brokerage franchises under the franchisor s trademarks pursuant to a franchise disclosure document meeting applicable Federal Trade Commission rules. Section 18.3 Display Display of listing information pursuant to IDX is subject to the following rules:

15 Section 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. Confidential fields intended only for other MLS participants and users (e.g., cooperative compensation offers, showing instructions, property security information, etc.) may not be displayed on IDX sites. Section Participants shall not modify or manipulate information relating to other participants' listings. (This is not a limitation on site design but refers to changes to actual listing data.) MLS data may be augmented with additional data not otherwise prohibited from display so long as the source of the additional data is clearly identified. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized data fields. Section All listings displayed pursuant to IDX shall identify the listing firm in a black font color and a typeface not smaller than the median used in the display of listing data. Identification should read Listing Courtesy of: and the name of the firm. Section All listings displayed pursuant to IDX shall identify the listing agent. Section Non-principal brokers and sales licensees affiliated with IDX participants may display information available through IDX on their own Web sites subject to their participant s consent and control and the requirements of state law and/or regulation. Section All listings displayed pursuant to IDX shall show the MLS as the source of the information. Section Participants (and their affiliated licensees, if applicable) shall indicate on their Web sites that IDX information is provided exclusively for consumers personal, non-commercial use, that it may not be used for any purpose other than to

16 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. Section Listings obtained through IDX must be displayed separately from listings obtained from other sources, including information provided by other MLSs. Listings obtained from other IDX sources (e.g., from other MLSs, from non-participating brokers, etc.) must display the source from which each such listing was obtained. Section Display of expired, withdrawn, released, sold and pending listings is prohibited. Section Display of seller s(s ) and/or occupant s(s ) name(s), phone number(s), and address(es) is prohibited. Section Each third party vendor requesting an IDX feed must pay to MLSOK, Inc. an initial $200 set up fee and an additional $25 per solution application thereafter. Participants and users displaying a search solution on their websites will pay an annual $25 maintenance fee to MLSOK, Inc. Section IDX Feeds shall include: Land & Lots, Multi-family, Lease and Residential properties and available fields should be limited to the buyer full detail sheet fields with the exception of the Realtor Remarks/Description field to be withheld from the feed