OCALA MARION COUNTY MULTIPLE LISTING SERVICE, INC. APPLICATION FOR REALTOR MLS MEMBERSHIP To: MLS Applicant From: Ocala Marion County Multiple Listing Service, Inc. Thank you for your interest in joining the Ocala Marion County Multiple Listing Service. The monthly participation fee of each participant shall be an amount equal to $30 times each salesperson and licensed or certified appraiser (confirmed with DBPR), who has access to and use of the service, whether licensed as a broker, sales licensee, or licensed or certified appraiser who is employed by or affiliated as an independent contractor with such participant. Payment of fees shall be made on or before the first day of each month. * *However, MLSs must provide participants the option of a no-cost waiver of MLS fees, dues, and charges for any license or licensed or certified appraiser who can demonstrate subscription to a different MLS where the principal broker participates. MLSs may, at their discretion, require waiver recipients and their participants to sign a Waiver Request (see page 7) certification for nonuse of its MLS services, which can include penalties and termination of the waiver if violated. Once your application and payment is received by our office, credentials to the MLS system will be emailed to you and your agents within 48 hours. Should you have any questions please feel free to contact our office Monday through Friday, between the hours of 8:00 am and 5:00 pm. REALTOR MLS APPLICATION Page 1 APPLICATION FOR REALTOR MLS MEMBERSHIP
OCALA/MARION COUNTY MULTIPLE LISTING SERVICE, INC. To: MLS President: I hereby apply for membership in the Ocala/Marion County Multiply Listing Service, Inc. Attached is my check for $300.00 (for credit card payments, instructions will be emailed), which is the application fee and will be returned to me in the event of non-acceptance. Upon my acceptance, I agree to familiarize and abide by the Bylaws and Rules and Regulations of the above named corporation including the duty to arbitrate business disputes pursuant to the arbitration procedures of the Ocala Marion County Association of Realtors (OMCAR) and further agree that any information and comment furnished by me will be treated as privileged information. INDEMNIFICATION The Participant indemnities and agrees to hold the Ocala/Marion County Multiple Listing Service, Inc. (Ocala/Marion Co. MLS) harmless from and against all claims, losses, damages, costs and expenses of any kind, including attorney s fees, and from liability arising from a Broker s negligence. Signature of Participant (Broker): Date: Firm Name: Firm Address: City State Zip Mail/Billing Address: (if different from above) Web Address: E-Mail Address: Firm Phone: ( ) Firm Fax: ( ) _ please attach copies of my Broker s License and Corporation License I have read and do understand the MLS Bylaws and MLS Rules & Regulations and accept and agree to faithfully observe them. Initials I agree that if accepted for participation in the MLS, I shall pay the dues and fees and I further acknowledge and agree that I am responsible for compliance with the MLS Rules and Regulations for all persons affiliated with my firm who utilize the system. Initials I understand that if I decide to withdraw my MLS membership, I will give the MLS 30 days written notice and I will have the privilege of reinstating membership within one year without paying the application fee. After one year, I would have to reapply for membership and pay the application fee. Initials I understand that if my membership is terminated, suspended or I am expelled from MLS, for failure to pay fees, or for violations, etc., I will be notified in writing that my listings will be withdrawn in ten (10) days. Initials REALTOR MLS APPLICATION Page 2
Firm Information Check one: Sole Proprietor DBA Partnership Corporation Check position with Firm: Principal Partner Corporate Officer I hereby certify that the following is a complete list of all persons licensed with this firm as real estate agents, Licensed Registered or Certified Appraisers who are employed by, or affiliated as Independent Contractors, or who are otherwise, directly or indirectly, licensed with this Broker as of the date below: PLEASE TYPE/PRINT NAME LICENSE # EMAIL ADDRESS CELL PHONE # NRDS # (Please attach additional copies as needed for additional names.) PARTICIPANT SIGNATURE DATE REALTOR MLS APPLICATION Page 3
Ocala Marion County Association of Realtors (OMCAR) Ocala Multiple Listing Service, Inc. 3105 NE 14 Street Ocala, Florida 34470 M- 352-629-7077 F 352-629-5490 www.omcar.com MULTIPLE LISTING SERVICE FEES: MLS APPLICATION FEE: REALTOR MEMBER $300.00 MLS APPLICATION FEE: NON-REALTOR MEMBERS $550.00 MONTHLY PARTICIPATION FEE: REALTOR MEMBER MONTHLY PARTICIPATION FEE: NON-REALTOR MEMBER $30.00/ LICENSEE/MONTHLY $50.00/LICENSEE/MONTHLY LOCKBOXES CONTACT OCALA MLS OFFICE FOR CURRENT COST LOCKBOX KEY FEE/ PREPAID USER FEE CONTACT OCALA MLS OFFICE FOR CURRENT COST LISTING INPUT SHEETS AVAILABLE ON www.flexmls.com or www.omcar.com. MLS MARKETING SESSIONS: FARM: 1 ST TUESDAY OF EACH MONTH AT OMCAR COMMERCIAL: 1 ST WEDNESDAY OF EACH MONTH AT OMCAR DUNNELLON: 1 ST WEDNESDAY OF EACH MONTH IN DUNNELLON ALL PRICES ARE SUBJECT TO CHANGE REALTOR MLS APPLICATION Page 4
SUBSCRIPTION AGREEMENT This Subscription Agreement ( Agreement ) is made this day of, 20, between (hereinafter Subscriber ) and Ocala Marion County Multiple Listing Service (hereinafter Multiple Listing Service ). WHEREAS, Multiple Listing Service has entered into an Agreement with FBS Flexmls system, to provide computerized multiple listing service to Multiple Listing Service members; and WHEREAS, Multiple Listing Service and Subscriber wish to formally set forth their duties and obligations with regard to the use of the FBS Flexmls system. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, Subscriber and Multiple Listing Service agree as follows: 1. Multiple Listing Service grants Subscriber a nonexclusive license to access the FBS Flexmls system. site as long as Subscriber is not breach of this Agreement. 2. Subscriber must maintain a current, valid broker or salesperson license in good standing with the State of Florida or a current, valid appraiser s license or certificate from the State of Florida. 3. Subscriber must be a current member in good standing with Multiple Listing Service as determined by the rules and bylaws of Multiple Listing Service. 4. Subscriber is owned by Multiple Listing Service and Subscriber shall not sell, release, disclose or make use of the data-base for any purpose other than subscribers use in the sale or appraisal of real estate. Subscriber acknowledges that if Multiple Listing Service, in its absolute discretion, determines that Subscriber has in any way misused the data-base or information thereon, and then Multiple Listing Service may immediately terminate subscriber s membership and enjoin Subscriber or any third parties from the use of such information, in addition to collecting monetary damages for such breach. 5. Multiple Listing Service makes no representations about the suitability of the data or graphics contained on the site and everything on the site is provided as is without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Subscriber releases FBS Flexmls system and Multiple Listing Service from any direct, incidental, consequential, indirect or punitive damages arising out of Subscribers access to or use of the site or data. Subscriber acknowledges that the data and information contained on the site is submitted either by Multiple Listing Service or from sources deemed to be reliable, but for which Multiple Listing Service assumes no responsibility. All properties offered on the site are offered subject to prior sale, change in price or withdrawal from the market without notice. 6. The Multiple Listing Service may at any time revise the terms and conditions of this Agreement upon advance notice to Subscriber through a site notice, E-Mail or Multiple Listing Service notification. Subscriber will be bound by and changes in the terms and conditions after notice is given. 7. Failure or neglect by Multiple Listing Service to enforce any of the provisions of this Agreement shall not be construed nor shall be deemed to be a waiver of Multiple Listing Service rights hereunder nor shall in any way affect the validity of this Agreement. 8. Multiple Listing Service and Subscriber agree that any dispute (other than misuse of the data or site) that may arise out of this Agreement or a violation of the Ocala MLS Rules and Regulations and does not involve a charge of alleged unethical conduct or request for arbitration, will be administratively considered and determined by the board of directors of the service, and if a violation is determined, the board of directors may direct imposition of sanction. The recipient of such sanction may request a hearing before the professional standards committee of the association in accordance with the bylaws and rules and regulations of the Association of Realtors. Alleged violations involving unethical conduct shall be referred to the professional standards committee of the association of Realtors for processing in accordance with the professional standards procedures of the association. 9. This Agreement shall be govern in all respects by and construed in accordance with the laws of the State of Florida. 10. This Agreement contains the entire Agreement between the parties hereto with regard to the subject matter hereof. Ocala Marion County Multiple Listing Service, Inc.: Subscriber: Print Name: Signature: Real Estate License # REALTOR MLS APPLICATION Page 5
ADDING/DROPPING INTERNET DATA EXCHANGE This form permits you to opt in or out of the Internet Data Exchange program displaying your listings on other brokers web sites. If you opt in, you are considered an Internet Data Exchange subscriber. Becoming an Internet Data Exchange Subscriber does not cost you anything, and it does not require you to do anything else. It is only if you wish to display Internet Data Exchange data on your web site that you need to take any further steps. This form must be filled out completely and signed by the broker/office manager for your office. There are no exceptions. Once you have filled it out and signed it, email to: cheri@omcar.com; fax or mail it to Ocala/Marion County MLS at 3105 NE 14 Street, Ocala Florida 34470, Fax #352-629-5490. Firm Name: _ Firm MLS #: Broker/Office Manager Name: E-Mail Address: Web Site Address: (If you become an Internet Data Exchange Subscriber, you must supply an e-mail and web site addresses here. This address will be the Ocala/MLS primary means of communicating with you about future developments.) Firm Street Address: Firm City, State and Zip: _ Firm Phone #: Fax #: Does this form apply to any other offices of your firm? If so attach a separate page with a list of the offices to which this form should apply. CHECK ONE OF FOLLOWING BOXES: By doing so, you are agreeing to the understandings indicated next to it. MY FIRM IS AN INTERNET DATA EXCHANGE SUBSCRIBER. I understand that I am hereby giving every other Internet Data Exchange Subscriber in the Ocala MLS permission to advertise my active MLS listings on its own web site, subject to the Rules and Regulations of the Ocala Marion County Multiple Listing Service. Other Internet Data Exchange Subscribers are not obligated to display my listings. I authorize Ocala MLS to distribute my active listing data to other Internet Data Exchange Subscribers pursuant to its Rules and policies. MY FIRM IS NOT AN INTERNET DATA EXCHANGE SUBSCRIBER. I understand that this means that other Internet Data Exchange Subscribers will not be permitted to display my listings on their web sites. I further understand that my firm will receive no benefit under the Internet Data Exchange program of Ocala MLS. My firm is not allowed to display the listings of other brokers unless I receive permission from them individually to do so. I am the broker/office manager for the MLS office whose ID number first appears above. I represent that I have the authority to execute this form on behalf of my own office and all other offices listed above (if any). Signature: Date: _ OCALA MLS, INC SYNDICATION OPTIONS: OPT-IN REQUEST FOR LISTING SYNDICATION: LISTHUB (Ocala MLS suggests to set up dashboard with ListHub and select channels) ZILLOW- Broker support contact information- 1 (800) 986-5410 or email mlssupport@zillow.com Signature: Date: _ Please Note: All listings placed in the Ocala MLS, Inc. will be included in the following data feeds: Realtor.com MLS Advantage Florida Living Network REALTOR MLS APPLICATION Page 6
Ocala Marion County Association of Realtors (OMCAR) Ocala Multiple Listing Service, Inc. 3105 NE 14 Street Ocala, Florida 34470 M- 352-629-7077 F 352-629-5490 www.omcar.com Ocala Multiple Listing Service Waiver Request Form Except in instances where a waiver is granted as noted below, all active real estate licensees, including those who are part of a real estate team or who represent buyers exclusively, licensed or certified appraisers and appraisal trainees affiliated with a Participant must subscribe to the Ocala MLS. Applying for a waiver requires the signature of the Participant and must be approved. Waivers are good for one year and must be renewed each calendar year. The broker Participant of the Ocala MLS, Inc. shall be exempt from payment of MLS fees for any licensee employed by or affiliated as an independent contractor with the Participant who does not have direct or indirect access or use in any manner whatsoever the listing information stored in the MLS to list properties for sale or lease, to identify or locate properties for any potential buyers or lessees, (including but not limited to MLS online system, lockbox key and the use of the other devices or services provided by the MLS or its affiliated or licensed vendors or suppliers, that permit access to and use of any listing information from the MLS) and can demonstrate subscription to a different MLS where the Broker Principal also participates. The exemption for any licensee shall automatically be revoked upon the licensees utilization of the Service in any manner. The Participant will be charged all monthly MLS fees back to the initial date of the violation of this waiver policy and in addition will be fined $1,000. When Ocala MLS, Inc. revokes a waiver, the Participant may not apply for a new waiver for that licensee until one year from the date of revocation. ---------------------------------------------------------------------------------------------------------------------------------------------------------------- CERTIFICATION BY WAIVER APPLICANT S MLS PARTICIPANT/DESIGNATED BROKER I certify that the Waiver Applicant(s) named herein on Exhibit A is/are affiliated with me and meet ALL of the above requirements, and therefore is/are eligible for a waiver of each Waiver Applicant s MLS Subscriber fee. I understand that I will need to supply an additional signed Exhibit A for any future Waiver Applicants. Further, I agree to notify Ocala MLS, Inc. within 10 calendar days if any Waiver Applicant remains affiliated with me but has become ineligible for a waiver of the fee. Simultaneously with such notice to Ocala MLS, Inc., I will either (i) server the agent from this office, or (ii) inform the agent that said agent must subscribe to Ocala MLS, Inc. within 3 business days of the notification to Ocala MLS, Inc. such affirmative notice to Ocala MLS, Inc., and the subsequent completion of (i) or (ii) above, shall not constitute a breach of this agreement and shall therefore not incur the penalties described below. I understand that any violation of the conditions of this waiver will result in automatic revocation of this waiver for the individual Waiver Applicant. I agree to pay any and all MLS Subscriber fees, retroactive to the initial date of the violation of this waiver policy. I also understand that in addition to this service fee, sanction may be imposed by the Ocala Multiple Listing Service, Inc. Board of Directors as specified in the MLS Rules, Section 7-Compliance with Rules, which will include a fine of $1,000. If payments of all fees due are not paid within 30 days of the due date, all MLS service to the Broker Participant will be discontinued until paid in full. Date Signature of MLS Participant/Designated Broker Printed Name of MLS Participant/Designated Broker Print Company Name Enclosed with this form is a letter of good standing from the Broker Participant and Subscriber s Multiple Listing Service Provider (required). (Adopted January 2018/Revised August 2018)
EXHIBIT A The undersigned Waiver Applicant(s) hereby acknowledge receipt of this Waiver Application Form from their Participant/Designated Broker and understand that any change to their waiver eligibility as defined herein must be communicated immediately to his or her Participant/Designated Broker. Waiver Applicant further acknowledges that noncompliance with the terms of the waiver and its notification provisions will result in the Participant/Designated Broker incurring Subscriber fees and a non-compliance fee on their behalf. Participant/Designated Broker certifies that the following real estate and appraiser licensees meet all the requirements for receiving an Ocala MLS Inc. fee waiver as described herein: Applicant Name Real Estate License # NRDS # Attach additional sheets as necessary. Signature of MLS Participant/Designated Broker Print Name of Participant/Designated Broker Date Print Company Name (Adopted January 2018, Revised August 2018)