> ## Knowledge Base Index > Fetch the complete knowledge base index at: https://help.repliers.com/sitemap.xml > Use this file to discover available pages before exploring further. > Pure-Markdown content can be obtained by appending a '.md' suffix to the content URLs listed in the sitemap (without the trailing slash). # RULES AND REGULATIONS OF BRIGHT MLS # RULES AND REGULATIONS OF BRIGHT MLS **Excerpts from the full document** ## PURPOSE Bright MLS provides, for the use of its *Participants* and *Subscribers*, a multiple listing service within the territory set forth in definitions below. ## DEFINITIONS ### BRIGHT MLS System The Internet based computer application providing interactive access to the automated continuously updated electronic *MLS Participant Database* and the *Bright MLS* Public Records database. ### BRIGHT MLS Primary Service Area The MLS Primary Service Area includes all counties in Delaware, Maryland, and the District of Columbia as well as the following counties in: #### New Jersey - Burlington - Camden - Cumberland - Gloucester - Mercer - Salem #### Pennsylvania - Adams - Berks - Bucks - Chester - Cumberland - Dauphin - Delaware - Franklin - Fulton - Juniata - Lancaster - Lebanon - Montgomery - Perry - Philadelphia - Schuylkill - York #### Virginia - Alexandria City - Arlington - Caroline - City of Winchester - Clarke - Culpeper - Fauquier - Falls Church City - Fairfax City - Fredericksburg City - King George - Loudoun - Madison - Manassas City - Manassas Park City - Orange - Page - Prince William - Rappahannock - Spotsylvania - Shenandoah - Stafford - Warren #### West Virginia - Berkeley - Grant - Hardy - Hampshire - Jefferson - Mineral - Morgan - Pendleton This represents the jurisdictions of all participating stakeholders of Bright MLS. ### Internet Data Exchange (IDX) *IDX* affords MLS *Participants* the ability to authorize limited electronic display of their *listings* by other *Participants*. ### Internet Data Exchange Participant (IDX Participant) An MLS *Participant* who authorizes limited electronic display of their *listings* by other *Participants* in return for permission to display their *listings*. An *IDX Participant* may display *listings* of property in the *Internet Data Exchange Database* upon the acceptance by Bright MLS of a fully executed licensing agreement (available from Bright MLS). ### Internet Data Exchange Subscriber (IDX Subscriber) A *Subscriber* affiliated with an *IDX Participant* who: - with the written permission and authority of such *Participant,* displays *listings* of property in the *Internet Data Exchange Database* upon the acceptance by Bright MLS of a fully executed licensing agreement (available from Bright MLS): - subject to the *Participant’s* consent and control, and - in accordance with all applicable laws and regulations, and - in accordance with Bright MLS rules. ### Internet Data Exchange Database (IDX Database) The current aggregate compilation of all *listings* of all *IDX Participants* except those *listings* where the property Seller and/or *IDX Participant* has opted out of all Internet display by so indicating on the listing contract and entry into Bright MLS’s MLS database. Bright MLS owns the *IDX Database*. ### Listings References to *listings*, as used herein, shall be deemed to include, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information, and other details or information related to listed property. ### MLS Participant Database Data relating to real estate for sale/rent, previously sold/rented or listed for sale/rent, including the *IDX Database*, and data relating to *Participants* and *Subscribers*, entered into the *Bright MLS System* by *Participants*, *Subscribers*, and Bright MLS. Bright MLS owns the *MLS Participant Database*. ### Participant Any principal, partner, corporate officer or branch office manager who holds a current, valid real estate broker’s license and offers or accepts offers of compensation to and from other *Participants* through Bright MLS or is licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property. ### Participation Defined Any REALTOR® or non-REALTOR® who is a principal, partner, corporate officer or branch office manager acting on behalf of a principal, shall be eligible to participate in the services provided by the Bright MLS upon agreeing in writing to conform to the Bylaws and Rules and Regulations thereof and to pay the costs incidental thereto. However, under no circumstances is any individual or firm entitled to MLS participation or membership unless they hold a current, valid real estate broker’s license and offer or accept compensation to and from other participants, or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property. Use of information developed by or published by an association multiple listing service is strictly limited to the activities authorized under a participant’s licensure(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey participation or membership or any right of access to information developed by or published by an association multiple listing service where access to such information is prohibited by law. Mere possession of a broker’s license is not sufficient to qualify for MLS participation. Rather, the requirement that an individual or firm offers or accepts cooperation and compensation means that the participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of cooperation and compensation made by listing brokers or agents in the MLS. “Actively” means on a continual and ongoing basis during the operation of the participant’s real estate business. The “actively” requirement is not intended to preclude MLS participation by a participant or potential participant that operates a real estate business on a part-time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a participant or potential participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny participation based on the level of service provided by the participant or potential participant as long as the level of service satisfies state law. The key is that the participant or potential participant actively endeavors to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on the MLS in which participation is sought. This requirement does not permit an MLS to deny participation to a participant or potential participant that operates a “Virtual Office Website” (VOW) (including a VOW that the participant uses to refer customers to other participants) if the participant or potential participant actively endeavors to make or accept offers of cooperation and compensation. An MLS may evaluate whether a participant or potential participant actively endeavors during the operation of its real estate business to offer or accept cooperation and compensation only if the MLS has a reasonable basis to believe that the participant or potential participant is in fact not doing so. The membership requirement shall be applied in a nondiscriminatory manner to all participants and potential participants. ### Property Listing Content *Property listing content* includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, remarks, document attachments, and narratives related to the listed property. ### Purchase/Lease When used in these Rules and Regulations the term *purchase* includes lease (or rent). ### Subscriber Types and Definitions #### Broker of Record Licensed by the state real estate licensing authority and is recognized as the principle broker for the firm and has management oversight. #### Licensees Licensed real estate salespersons who are affiliated with a participating Broker of Record. #### Associate Brokers Real Estate Brokers who operate as managers or salesperson who are subject to the oversight of the Broker of Record. #### Non-licensed Personnel Administrative and clerical staff, personal assistants, and individuals providing administrative support to the *Subscribers.* #### Appraiser Licensed or certified by the state licensing authority to provide valuations of real property. #### Vendor Third party entities that provide goods and services to Bright MLS. ## STATUS DEFINITIONS ### Active Properties currently subject to a listing contract and *reported* to BRIGHT MLS in which the *Participant* has been directed by the Seller to: - set appointments for showings (new construction may not qualify), AND - seek *agreements of sale* to present to the Seller; AND - the listing is on the market and a written offer has not been accepted. ### Active Under Contract Properties in which - a written offer has been accepted but the Seller agrees to: - continue to show the property AND - accept backup offers. - Sub-categories for *Active Under Contract* include, but are not limited to, Kick Out, Third Party Approval, Attorney Review Period, and First Right of Refusal. ### Cancelled Properties in which the listing contract has been terminated prior to the expiration date. ### Closed Properties in which - A successful closing has taken place and title has been transferred from Seller to Buyer or in which possession of a property has been transferred from a lessor to a lessee. - the *agreement of sale* has been fulfilled or the lease agreement has been executed. ### Coming Soon Properties currently subject to a listing contract and *reported* to BRIGHT MLS in which the *Participant* has been directed by the Seller: - to market (or pre-market) the property - but not to set appointments for showings during a current, specified time-period. - No *agreement of sale* is currently in effect. - This listing has not yet been on the market but will be on the market soon. A listing contract has been executed but the property cannot be shown. *Listings* are limited to 21 days for the *coming soon* status. When a listing’s status is reported as ***Coming Soon***, the showing appointment prohibition is deemed to apply to all Bright MLS *Participant* and *Subscriber*, including those affiliated with the listing broker. If a listing with a showing prohibition may be shown by at least one licensee affiliated with the listing office or listing company, the ***Coming Soon*** status may not be applied to the listing. Such a property must be *filed* with Bright MLS as an Exempted Listing. During the specified period the status of a property is ***Coming Soon***, if the *Participant* receives an *agreement of sale* (whether solicited or not), it must be presented to the Seller in accordance with all applicable laws and regulations. ### Expired *Listings* of property in which: - the listing contract has passed its contractually agreed upon expiration date, AND - the *Participant* has not secured permission from the Seller on or before that expiration date to extend the term of the listing for an additional period of time. - the listing contract has *expired*. ### Temporarily Off Market *Listings* of property in which the Seller has requested the *Participant* to: - temporarily suspend the marketing of the property, AND - not set appointments for showings, while the listing contract between the *Participant* and the Seller remains in effect. - the listing is off market, but a contract still exists between the seller and the listing broker and the listing is expected to come back on market. ### Pending *Listings* of property in which: - an *agreement of sale* is in effect, - the settlement has not yet taken place, and - the *Participant* has been instructed by the Seller to no longer set appointments for showings, - a written offer has been accepted and the listing is no longer on the market. ### Withdrawn The *listing* has been *withdrawn* from the market, but a contract still exists between the Seller and the listing broker and there is no intention to bring the listing back on the market. All status changes must be reported to the service within three (3) *business days*. ## PROPERTY TYPES ### Residential A single-family residence that is for sale. Residential property type will include residential dwellings of one unit. ### Multifamily Multifamily property type will include 2-4 unit residential properties that are for sale where all units are part of the transactions. ### Land Vacant Land with no inhabitable improvement that is for sale. Land property type includes lots for sale. ### Farm A property where agricultural and similar activities take place that is for sale. ### Residential Lease A single-family residence that is for lease. Residential Lease property type will include residential dwellings of one unit that are for lease. ### Commercial Sale Commercial Sale property type includes buildings that are zoned for commercial use that are for sale and/or residential dwellings of 5+ units. ### Commercial Lease Commercial Lease property type includes buildings that are zoned for commercial use and are for lease and/or residential dwellings of 5+ units. ### Business Opportunity Any business for sale that does NOT include the real property, but does include a leasehold interest in real property, which is transferred in conjunction with the business. ## LISTING PROCEDURES ### Section 1.2 Detail on Listings Filed with Bright MLS Property information, when filed with Bright MLS by the listing *Participant*, shall be complete in every detail which is ascertainable as specified on the applicable Bright MLS add/edit input screen. Requirements and penalties for non-compliance are included in the Schedule of Fines. ### Section 1.3 Exempted Listings *Exempted Listings* are *listings* of property, taken on listing contracts acceptable to Bright MLS, in which the *Participant* has been directed by the Seller either: - not to cooperate with any other *Participant* , OR - not to offer compensation to any other *Participant* (whether or not cooperation with other *Participants* has been authorized by the Seller), OR - not to disseminate information about the property to other *Participants* or *Authorized Affiliates* of Bright MLS by means of the *MLS Participant Database* even though cooperation with and/or compensation to other *Participants* has been authorized by the seller. For *exempted listings,* the *Participant* and/or *Subscriber* must obtain and submit to Bright MLS within three (3) *business days*: - a “WAIVER OF BROKER SUBMISSION TO BRIGHT MLS MULTIPLE LISTING SERVICE” form (provided by Bright MLS) signed by the Seller, OR - other certification acceptable to Bright MLS, signed by the Seller, that he does not desire the listing to be disseminated by Bright MLS. In response to an address specific inquiry from a Bright MLS *Participant* or *Subscriber*, Bright MLS will disclose whether or not a listing for a property with that address has been *filed* as an *Exempted Listing* with Bright MLS, but will not disclose any information about the listed property or the listing *Participant*. ### Section 1.4 Change of Status of Listing Any change in listed price or other change in the original listing contract shall be made only when authorized in writing by the Seller and shall be filed with Bright MLS within three (3) *business days* (excluding weekends, holidays and federal holidays) after the authorized change is received by the listing *Participant*. ### Section 1.5 Cancellation of Listing Prior to Expiration *Listings* of property may be *cancelled* from Bright MLS by the listing *Participant* before the expiration date of the listing contract provided notice is filed with Bright MLS. Sellers do not have the unilateral right to require Bright MLS to cancel a listing without the listing *Participant’s* concurrence. However, when a Seller(s) can document that the exclusive relationship with the listing *Participant* has been terminated, Bright MLS may cancel the listing at the request of the Seller. ### Section 1.6 Contingencies Applicable to Listings Any contingency or conditions of any term in a listing shall be specified and noticed to the *Participants*. ### Section 1.7 Listing Price Specified The full gross listing price, stated in the listing contract, will be included in the information published in the MLS compilation of current *listings*. ### Section 1.8 Photo Requirement At least one photo must be submitted to Bright MLS at time of entry, regardless of property type and/or status except where the seller expressly directs that the images of the property are not to be submitted to Bright MLS. One photo must be a “curbside” view of the property that shows the property upon arrival. *Participants* and *Subscribers* may select one photo that will be displayed as the primary photo. For new construction, an architectural rendering of the exterior elevation or the floor plan is acceptable. For unimproved non-residential properties, a plat or survey of the property is acceptable. ### Section 1.9 Listing Multiple Unit Properties All properties which are to be *sold* or which may be *sold* separately must be indicated individually in the listing and on the Property Profile sheet. When part of a listed property has been *sold*, proper notification should be given to Bright MLS. ### Section 1.11 Expiration, Extension, and Renewal of Listings Any listing filed with Bright MLS automatically expires on the date specified in the listing contract unless renewed by the listing *Participant* and notice of renewal or extension is filed with Bright MLS prior to expiration. If notice of renewal or extension is dated after the expiration date of the original listing, then a new listing must be secured for the listing to be filed with Bright MLS. It will then be published as a new listing. Any extension or renewal of a listing must be signed by the Seller(s) and be filed with Bright MLS. ### Section 1.12 Expiration Date on Listings *Listings* filed with Bright MLS shall bear a definite and final expiration date as negotiated between the listing *Participant* and the Seller. ### Section 1.14 Submission of Listings within Primary Service Area *Listings* of all properties located within the *Bright MLS Primary Service Area* are required to be submitted to Bright MLS. *Listings* of property located outside *Bright MLS’s Primary Service Area* will be accepted if submitted voluntarily by a *Participant*, but cannot be required by Bright MLS. ### Section 1.20 Editing Listing Content Bright MLS reserves the right to edit listing content. ## SELLING PROCEDURES ### Section 2.5 Reporting Sales to Bright MLS Status changes, including final closing of sales and sale prices, shall be reported to BRIGHT MLS by the listing *Participant* within three (3) *business days* after they have occurred. If negotiations were carried on under Section 2(a) or (b) of these Rules and Regulations, the cooperating *Participant* shall report accepted offers and prices to the listing *Participant* within three (3) *business days* after occurrence and the listing *Participant* shall report them to BRIGHT MLS within 24 hours after receiving notice from the cooperating *Participant*. ### Section 2.6 Reporting Resolutions of Contingencies The listing broker shall report to the service that a contingency on file with the service has been fulfilled or renewed, or the agreement *cancelled*. ### Section 2.7 Advertising of Listing Filed with Bright MLS A listing shall not be advertised by any *Participant* other than the listing *Participant* without the prior consent of the listing *Participant* except as provided in Section 16 relating to Advertising of *Active* Listing Information on the Internet ### Section 2.8 Reporting Cancellation of Pending Sale The listing *Participant* shall report immediately the cancellation of any *agreement of sale* between Seller and Buyer to Bright MLS. The listing shall be changed by the *Participant* to the applicable status (***Active***, ***Temporarily Off-Market***, ***Withdrawn*** or ***Expired***). ### Section 2.9 Optional Reporting of Closed Sales of Properties Not Subject to Listing Contracts Acceptable to Bright MLS A *Participant* who has participated in the *sale* of an unlisted property, a property listed subject to an open listing agreement, or a property listed by a real estate brokerage not participating in Bright MLS may after the closing report information about the property and the sale to Bright MLS for inclusion in its database. In order to *report* such information to Bright MLS, a *Participant* must obtain written permission, from the Buyer or Seller to do so. Upon request, a *Participant* must promptly furnish a copy of the Buyer’s or Seller’s written permission to Bright MLS. ## PROHIBITIONS ### Section 3. Information for Participants Only Any listing filed with Bright MLS shall not be made available to any broker, real estate licensee, appraiser or firm who is not a *Participant* or *Subscriber* of Bright MLS without the prior consent of the listing *Participant*. ### Section 3.4 Use of Property Listing Content *Participants* and/or *Subscribers* shall not use *property listing content* from a prior listing of a property for a current listing of the property without the express consent of the owner of the proprietary rights in the listing content. *Property listing content* includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, remarks, document attachments, and narratives related to the listed property. ### Section 3.5 Limitation on Password Use *Participants, Subscribers,* and *Authorized Affiliates* of *Participants* that utilize the MLS system shall not furnish, disclose or permit the use of their MLS passwords and/or MLS access codes to any person, firm, company or other entity. In the event the password of a *Participant* or *Subscriber* is used in violation of Section 3.5, such *Participant* or *Subscriber* shall be liable to Bright MLS for all loss or damage caused by such use and shall be subject to a fine as described in Bright MLS’s Schedule of Fees, as may be updated from time to time, for each such entry and other sanctions as provided in these Rules and Regulations. The fact that the *Participant* or *Subscriber* did not grant consent to the use of the password shall not be a defense. ## DIVISION OF COMMISSIONS ### Section 4. Compensation Specified on Each Listing - (c) Bright MLS shall make no rule requiring the listing *Participant* to disclose the amount of total negotiated commission in his listing contract, and publication of the total negotiated commission on a listing which has been submitted to Bright MLS by a *Participant* is prohibited. Bright MLS shall not disclose in any way the total commission negotiated between the Seller and the listing *Participant*. - (d) Bright MLS shall make no rule requiring disclosure of the division or split of the total negotiated commission (i.e. the amounts or ratio of the total negotiated commission to be retained by the listing *Participant* and offered to other Bright MLS *Participants*). Publication of the division or split of the total negotiated commission on a listing which has been submitted to Bright MLS is prohibited. Bright MLS shall not disclose in any way the division or split of the total negotiated commission between the listing *Participant* and other Bright MLS *Participants*. ## COMPLIANCE WITH RULES ### Section 9.2 Applicability of Rules to Users and/or Subscribers Non-principal brokers, sales licensees, appraisers and others authorized to have access to information published by Bright MLS are subject to these Rules and Regulations and may be disciplined for violations thereof provided the user or *Subscriber* has signed an agreement acknowledging that access to and use of Bright MLS’s information is contingent on compliance with the Rules and Regulations. Further, failure of any user or *Subscriber* to abide by the Rules and/or any sanction imposed for violations thereof can subject the *Participant* to the same or other discipline. This provision does not eliminate the *Participant’s* ultimate responsibility and accountability for all users or *Subscribers* affiliated with the *Participant*. ## STANDARDS OF CONDUCT FOR BRIGHT MLS PARTICIPANTS ### Section 13.25 *Participant*s’ firm websites shall disclose the firm’s name and state(s) of licensure in a reasonable and readily, apparent manner. ### Section 13.26 *Participant*s’ shall present a true picture in their advertising and representations to the public, including Internet content posted, and the URLs and domain names they use, and *Participants* may not: - (a) engage in deceptive or unauthorized framing of real estate brokerage websites; - (b) manipulate (e.g., presenting content developed by others) listing and other content in any way that produces a deceptive or misleading result; - (c) deceptively use metatags, keywords or other devices/methods to direct, drive, or divert Internet traffic; - (d) present content developed by others without either attribution or without permission, or - (e) to otherwise mislead consumers. ## USE OF COPYRIGHTED MLS COMPILATIONS ### Section 14. Distribution *Participants* shall at all times maintain control over and responsibility for each copy of any MLS Compilation leased to them under Section 18.1.2, and shall not distribute any such copies to persons other than *Subscribers* who are affiliated with such *Participants* as licensees, those individuals who are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property and any other *Subscribers* as authorized pursuant to the governing documents of Bright MLS. Use of information developed by or published by Bright MLS is strictly limited to the activities authorized under a *Participant’s* licensure(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey “Participation” or “Membership” or any right of access to information developed by or published by Bright MLS where access to such information is prohibited by law. ### Section 14.1 Display *Participants*, and those persons affiliated as licensees with such *Participants*, shall be permitted to display the MLS Compilation to prospective purchasers only in conjunction with their ordinary business activities of attempting to locate ready, willing and able buyers for the properties described in said MLS Compilation. ### Section 14.2 Reproduction *Participants* or their affiliated licensees shall not reproduce any MLS Compilation or any portion thereof except in the following limited circumstances: *Participants* or their affiliated licensees may reproduce from the MLS Compilation, and distribute to prospective purchasers, a reasonable number of single copies of property listing data contained in the MLS Compilation which relate to any properties in which the prospective purchasers are, or may, in the judgment of the *Participants* or their affiliated licensees, be interested. Nothing contained herein shall be construed to preclude any *Participant* from utilizing, displaying, distributing, or reproducing property listing sheets or other compilations of data pertaining exclusively to properties currently listed *for sale* with the *Participant*. Any MLS information, whether provided in written or printed form, provided electronically, or provided in any other form or format, is provided for the exclusive use of the *Participant* and those licensees affiliated with the *Participant* who are authorized to have access to such information. Such information may not be transmitted, retransmitted, or provided in any manner to any unauthorized individual, office or firm. None of the foregoing shall be construed to prevent any individual legitimately in possession of current listing information, sold information, comparable or statistical information from utilizing such information to support valuations on particular properties for clients and customers. Any MLS content in data feeds available to *Participants* for real estate brokerage purposes must also be available to *Participants* for valuation purposes, including automated valuations, Bright MLS must either permit use of existing data feeds, or create a separate data feed, to satisfy this requirement. Bright MLS may require execution of a third-party license agreement where deemed appropriate by the MLS. Bright MLS may require *Participants* who will use such data feeds to pay the reasonably estimated cost incurred by the MLS in adding or enhancing its downloading capacity for this purpose. Information deemed confidential may not be used as supporting documentation. Any other use of such information is unauthorized and prohibited by these Rules and Regulations. ## USE OF MLS INFORMATION ### Section 15. Limitations on Use of MLS Information Information from MLS compilations of current listing information, from statistical reports, and from any sold or comparable report of the association or MLS may be used by MLS *Participants* as the bases for aggregated demonstrations of market share or comparisons of firms in public mass-media advertising or in other public representations. This authority does not convey the right to include in any such advertising or representation information about specific properties which are listed with other *Participants*, or which were sold by other *Participants* (as either listing or cooperating broker). However, any print or non-print forms of advertising or other forms of public representations based in whole or in part on information supplied by the association or its MLS must clearly demonstrate the period of time over which such claims are based and must include the following, or substantially similar, notice: Based on information from Bright MLS for the period \ through \. ### Section 15.1 MLS Not Responsible for Accuracy of Information The information published and disseminated by Bright MLS is communicated verbatim, without change by Bright MLS, as filed with Bright MLS by the *Participant*. Bright MLS does not verify the information provided and disclaims any responsibility for its accuracy. Each *Participant* agrees to hold Bright MLS harmless against any liability arising from any inaccuracy or inadequacy of the information such *Participant* provides. ## INTERNET DATA EXCHANGE (IDX) ### Section 16. IDX Defined *IDX* affords MLS *Participants* the ability to authorize limited electronic display of their *listings* by other *Participants*. ### Section 16.1 The *Participant’s* consent for display of their *listings* by other *Participants* pursuant to these Rule & Regulations is presumed unless precluded by law or unless a listing *Participant* affirmatively notifies Bright MLS that the listing *Participant* refuses to permit the display on either a blanket or a listing-by-listing basis. Listing *Participant*s that refuse to permit other *Participants* to display their listing information on a blanket basis may not download, frame or display the aggregated listing 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. ### Section 16.2 Participation in *IDX* is available to all *Participants* engaged in real estate brokerage who consent to display of their *listings* by other *Participants*. - (a) *Participants* must notify the MLS of their intention to display *IDX* information, via a licensing agreement with Bright MLS, and must give the MLS direct access for purposes of monitoring and ensuring compliance with applicable rules and policies. - (i) Sharing of the *IDX Database* (or any portion thereof) with any third party not authorized by the Bright MLS is prohibited. Bright MLS requires a licensing agreement (provided by Bright MLS) between Bright MLS, the *IDX Participant*, the *IDX Subscriber* (when applicable), and any third party vendor who hosts or maintains a *IDX* website or who hosts, maintains or downloads the Bright MLS *IDX Database* (or any portion thereof). The *IDX Database* is copyrighted by Bright MLS. - (b) *Participants* may not use *IDX*-provided *listings* for any purpose other than display as provided in these Rules & Regulations. This does not require *Participants* to prevent indexing of *IDX listings* by recognized search engines. - (c) *Listings,* including property addresses, can be included in *IDX* displays except where a Seller has directed their listing *Participant* to withhold their listing or the listing’s property address from all display on the Internet (including, but not limited to, publicly-accessible websites or *VOW*s). - (d) *Participants* may select the *IDX listings* they choose to display based only on objective criteria. Selection of *listings* displayed on any *IDX* website must be independently made by each *Participant*. - (e) *IDX Participants* must refresh all MLS downloads and *IDX* displays automatically fed by those download at least once every twelve (12) hours. - (f) *Except* as provided in the *IDX* policy and these rules, an *IDX* site or a *Participant* or *Subscriber* 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. - (g) Any *IDX* display controlled by a *Participant* or *Subscriber* must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. For purposes of the *IDX* policy and these rules, “control” means the ability to add, delete, modify and update information as required by the *IDX* policy and MLS rules. - (h) Any *IDX* display controlled by a *Participant* or *Subscriber* that - (i) 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 - (ii) 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 for the Seller’s *listings* at the request of the Seller. The listing *Participant* or *Subscriber* shall communicate to Bright MLS that the Seller has elected to have one or both of these features disabled or discontinued on all displays controlled by *Participant*. Except for the foregoing, and subject to Section 16.2(i), a *Participant’s IDX* display may communicate the *Participant’s* professional judgment concerning any listing. Nothing shall prevent an *IDX* display from notifying customers that a particular feature has been disabled at the request of the Seller. - (i) *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 *Participant* or listing *Subscriber* 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 16.3 Display of listing information pursuant to *IDX* is subject to the following rules: - (a) *Listings* displayed pursuant to *IDX* shall contain only those fields of data designated by Bright MLS. Display of all other fields (as determined by Bright MLS) is prohibited. Confidential fields intended only for other MLS *Participants* and *Subscribers* (e.g., cooperative compensation offers, showing instructions, property security information, etc.) may not be displayed on *IDX* sites. - (b) *IDX Participants* shall not modify or manipulate the data relating to another *IDX Participant’s listings*. - (c) Any search result identifying another *IDX Participant’s* listing which only displays seven (7) data fields or fewer and which does not provide for the display of photos (when available) must display either the listing company’s or firm’s name or the Bright MLS-approved *IDX* icon. All other search results displaying another *IDX Participant’s* listing must bear the listing company’s or firm’s name and may (but is not required to) display the Bright MLS- approved *IDX* icon. - (d) *Subscribers* affiliated with an *IDX* P*articipant* may display information available through *IDX* subject to: - (i) their *Participant’s* consent and control, AND - (ii) the requirements of all applicable state law and/or regulation, AND Bright MLS rules. Such a *Subscriber*, upon acceptance by Bright MLS of a fully executed licensing agreement (available from Bright MLS) to display content obtained from Bright MLS’s *IDX Database* shall be considered an *IDX Subscriber*. - (e) If the name(s) of any affiliated licensee(s) is/are co-branded with the name of the brokerage firm or company, the display of such co-branding must conform with the regulatory requirements of all states for which the *Participant* chooses to display Bright MLS *IDX Database* properties. Exception: In the event of a mutually exclusive conflict between the regulatory requirements of states for which *Participant* chooses to display properties, *IDX Participant’s* must display Bright MLS *IDX Database* properties located in such states on separate pages or windows of the web site branded to conform with such states regulatory requirements. - (f) On websites, print outs, or e-mails which display Bright MLS content obtained under an *IDX* licensing agreement with Bright MLS, the following notifications, explanations and/or disclosures must appear legibly, either on 1) the website home page, or 2) every website page used to search for Bright MLS *IDX* content, or 3) if not on pages of the website as described in 1 or 2 above, then on all website pages which display Bright MLS *IDX* content: - (i) An explanation of the nature of the *IDX* program - (ii) A disclosure that Bright MLS is the source (or a source) of the *IDX* content on the website - (iii) A notification that the property information being provided on or through the website is for the personal, non-commercial use of consumers and such information may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing - (iv) A notification that some properties which appear for sale on the website may no longer be available because they are for instance, under contract, sold or are no longer being offered for sale. - (v) A Bright MLS copyright notification using the following wording: “©\ Bright MLS, All Rights Reserved” or “Copyright \ Bright MLS, All Rights Reserved” - (vi) A disclosure that the property information displayed is deemed reliable but is not guaranteed. - (g) Websites displaying listing content obtained through the Bright MLS *IDX* program may not use the term “MLS” or the words “Multiple” (or “Multi”) “Listing” (or “List”) “Service” (or “System”) together or in any combination in a website address (URL) or website name in a manner that would lead a reasonable consumer to believe the website is a multiple listing service or provides access for consumers to a multiple listing service. In addition, nowhere on a website that displays *listings* obtained through the Bright MLS *IDX* program may there be any assertion, reference, indication or suggestion that “the MLS”, “the Multiple Listing Service”, “the Multiple Listing System”, “Bright MLS”, “Bright MLS MLS”, “the Bright MLS Multiple Listing Service” or “the Bright MLS Multiple Listing System” can or is being searched or viewed. - (h) *IDX Participants* are permitted to display *listings* obtained from sources other than Bright MLS *IDX* as follows: - (i) Other MLS’ *IDX Listings*. *IDX Participants* may co-mingle the *listings* of other *Participants* received in an *IDX* feed with *listings* available from other MLS *IDX* feeds, provided all such displays are consistent with Bright MLS’s *IDX* rules and the *IDX Participant* holds participatory rights in those MLSs. As used here, “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 results page; and that *IDX Participants* may display *listings* from each *IDX* feed on a single webpage or display. - (ii) *IDX Participant’s* Non- Bright MLS *Listings*. *IDX Participants* are permitted to display properties their company or firm currently has listed with another MLS that are not contained in the Bright *MLS Participant Database* (*IDX Participant’s non-* Bright MLS *Listings*) with *listings* obtained from Bright MLS’s *IDX Database* provided that on any page or window which displays both Bright MLS *IDX Database listings* and *IDX Participant’s non-* Bright MLS *Listings* all such *listings* are displayed in accordance with the requirements of Bright MLS. If such *IDX Participant’s non-* Bright *MLS Listings* cannot be displayed in accordance with Bright MLS requirements, then such *IDX Participant’s non-* Bright MLS *Listings* must not be displayed on any page or window that displays the *listings* of other *Participants* obtained from Bright MLS’s *IDX Database* but may be displayed on a separate page or window. - (iii) Non-MLS *Listings*. *IDX Participants* are not permitted to display or frame non-MLS listed properties (*Non-MLS Listings*) on any page or window of their web site that displays the *listings* of other *Participants* obtained from Bright MLS’s *IDX Database*. Such *Non-MLS Listings* may be displayed on a separate page or window of the *IDX Participant’s* web site. - (iv) Other Brokers’ Non-*IDX Listings*. *IDX Participants* are not permitted to display or frame properties listed by other brokers obtained from sources other than Bright MLS’s *IDX Database* or the Internet Data Exchange or Broker Reciprocity program of another MLS (*Other Brokers Non-IDX Provided Listings*) on any page or window of their web site that displays the *listings* of other *Participants* obtained from Bright MLS’s *IDX Database*. Such *Other Brokers Non-IDX Provided Listings* may be displayed on a separate page or window of the *IDX Participant’s* web site. - (v) Augmentation of *IDX Listings*. *IDX Participants* (and *IDX Subscribers*) shall not modify or manipulate information relating to other *Participants’ listings*. *IDX 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 Bright 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 data fields. ## VIRTUAL OFFICE WEBSITE (VOW) ### Section 17.1 - (a) A Virtual Office Website (“VOW”) is a *Participant’s* Internet website, or a feature of a *Participant’s* website, through which the *Participant* is capable of providing real estate brokerage services to consumers with whom the *Participant* has first established a broker-consumer relationship (as defined by state law) where the consumer has the opportunity to search MLS Listing Information, subject to the *Participant’s* oversight, supervision, and accountability. A non-principal broker or sales licensee affiliated with a *Participant* may, with his or her *Participant’s* consent, operate a VOW. Any VOW of a non-principal broker or sales licensee is subject to the *Participant’s* oversight, supervision, and accountability. - (b) As used in Section 17 of these Rules, the term *“Participant”* includes a *Participant’s* affiliated non-principal brokers and sales licensees – except when the term is used in the phrases “*Participant’s* consent” and “*Participant’s* oversight, supervision, and accountability”. References to “VOW” and “VOWs” include all VOWs, whether operated by a *Participant*, by a non-principal broker or sales licensee, or by an Affiliated VOW Partner (“AVP”) on behalf of a *Participant*. - (c) “Affiliated VOW Partner” (“AVP”) refers to an entity or person designated by a *Participant* to operate a VOW on behalf of the *Participant*, subject to the *Participant’s* supervision, accountability and compliance with the VOW Policy. No AVP has independent participation rights in the MLS by virtue of its right to receive information on behalf of a *Participant*. No AVP has the right to use MLS Listing Information except in connection with operation of a VOW on behalf of one or more *Participants*. Access by an AVP to MLS Listing Information is derivative of the rights of the *Participant* on whose behalf the AVP operates a VOW. - (d) As used in Section 17 of these Rules, the term “MLS Listing Information” refers to *active* listing information and sold data provided by *Participants* to the MLS and aggregated and distributed by Bright MLS to *Participants*. ### Section 17.2 - (a) The right of a *Participant’s* VOW to display MLS Listing Information is limited to that supplied by the MLS(s) in which the *Participant* has participatory rights. However, a *Participant* with offices participating in different MLSs may operate a master website with links to the VOWs of the other offices. - (b) Subject to the provisions of the VOW Policy and these Rules, a *Participant’s* VOW, including any VOW operated on behalf of a *Participant* by an AVP, may provide other features, information, or functions, e.g. Internet Data Exchange (“*IDX*”). - (c) Except as otherwise provided in the VOW Policy or in these Rules, a *Participant* need not obtain separate permission from other MLS Participants whose *listings* will be displayed on the *Participant’s* VOW. ### Section 17.3 - (a) 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: - (i) 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. - (ii) The *Participant* must obtain the name of, and a valid email address for, each Registrant. The *Participant* must send an email to the address provided by the Registrant confirming that the Registrant has agreed to the Terms of Use (described in subsection (d) below). The *Participant* must verify that the email address provided by the Registrant is valid and that the Registrant has agreed to the Terms of Use. - (iii) 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. - (b) The *Participant* must assure that each Registrant’s password expires on a date certain 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. - (c) If Bright 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 Bright 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 Bright MLS, provide an audit trail of activity by any such Registrant. - (d) The *Participant* shall require each Registrant to review, and affirmatively to express agreement (by mouse click or otherwise) to, a “Terms of Use” provision that provides at least the following: - *(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. - (e) The Terms of Use Agreement may not impose a financial obligation on the Registrant or create any representation agreement between the Registrant and the *Participant*. Any agreement entered into at any time between the *Participant* and Registrant imposing a financial obligation on the Registrant or creating representation of the Registrant by the *Participant* must be established separately from the Terms of Use, must be prominently labeled as such, and may not be accepted solely by mouse click. - (f) The Terms of Use Agreement shall also expressly authorize Bright MLS, and other MLS Participants or their duly authorized representatives, to access the VOW for the purposes of verifying compliance with Bright MLS rules and monitoring display of *Participants’ listings* by the *VOW*. The Agreement may also include such other provisions as may be agreed to between the *Participant* and the Registrant. ### Section 17.4 A *Participant’s* VOW must prominently display an e-mail address, telephone number, or specific identification of another mode of communication (e.g., live chat) by which a consumer can contact the *Participant* to ask questions, or get more information, about any property displayed on the VOW. The *Participant*, or a non-principal broker or sales licensee licensed with the *Participant*, must be willing and able to respond knowledgeably to inquiries from Registrants about properties within the market area served by that *Participant* and displayed on the VOW. ### Section 17.5 A *Participant’s* VOW must employ reasonable efforts to monitor for, and prevent, misappropriation, “scraping”, and other unauthorized use of MLS Listing Information. A *Participant’s* VOW shall utilize appropriate security protection such as firewalls as long as this requirement does not impose security obligations greater than those employed concurrently by the MLS. ### Section 17.6 - (a) A *Participant’s* VOW shall not display *listings* or property addresses of any Seller who has affirmatively directed the listing broker to withhold the Seller’s listing or property address from display on the Internet. The listing broker shall communicate to the MLS that the Seller has elected not to permit display of the listing or property address on the Internet. Notwithstanding the foregoing, a *Participant* who operates a VOW may provide to consumers via other delivery mechanisms, such as email, fax, or otherwise, the *listings* of Sellers who have determined not to have the listing for their property displayed on the Internet. - (b) A *Participant* who lists a property for a Seller who has elected not to have the property listing or the property address displayed on the Internet shall cause the Seller to execute a document that includes the following (or a substantially similar) provision: **Seller Opt-Out Form** - 1\. Please check either Option a or Option b - a.[ ] I have advised my broker or sales agent that I do not want the listed property to be displayed on the Internet. OR - b.[ ] I have advised my broker or sales agent that I do not want the address of the listed property to be displayed on the Internet. - 2\. I understand and acknowledge that, if I have selected option a, consumers who conduct searches for *listings* on the Internet will not see information about the listed property in response to their search. initials of Seller - (c) The *Participant* shall retain such forms for at least one year from the date they are signed, or one year from the date the listing goes off the market, whichever is greater. ### Section 17.7 - (a) Subject to subsection (b), a *Participant’s* VOW may allow third-parties: - (i) to write comments or reviews about particular *listings* or display a hyperlink to such comments or reviews in immediate conjunction with particular *listings*, or - (ii) display an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing - (b) Notwithstanding the foregoing, at the request of a Seller the *Participant* shall disable or discontinue either or both of those features described in subsection (a) as to any listing of the Seller. The listing broker or agent shall communicate to Bright MLS that the Seller has elected to have one or both of these features disabled or discontinued on all *Participants’* websites. Subject to the foregoing and to Section 17.8, a *Participant’s* VOW may communicate the *Participant’s* professional judgment concerning any listing. A *Participant’s* VOW may notify its customers that a particular feature has been disabled "at the request of the Seller." ### Section 17.8 A *Participant’s* VOW shall maintain a means (e.g., e-mail address, telephone number) to receive comments from the listing broker about the accuracy of any 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 VOW. The *Participant* shall correct or remove any false information relating to a specific property within 48 hours following receipt of a communication from the listing broker explaining why the data or information is false. The *Participant* shall not, however, be obligated to correct or remove any data or information that simply reflects good faith opinion, advice, or professional judgment. ### Section 17.9 A *Participant* shall cause the MLS Listing Information available on its VOW to be refreshed at least once every twelve (12) hours. ### Section 17.10 Except as provided in these Rules, the National Association of REALTORS® VOW Policy, or any other applicable MLS rules or policies, no Participant shall distribute, provide, or make accessible any portion of the MLS Listing Information to any person or entity. ### Section 17.11 A *Participant’s* VOW must display the *Participant’s* privacy policy informing Registrants of all the ways in which information that they provide may be used. ### Section 17.12 A *Participant’s* VOW may exclude *listings* from display based only on objective criteria, including, but not limited to, factors such as geography, list price, type of property, cooperative compensation offered by listing broker, and whether the listing broker is a REALTOR®. ### Section 17.13 A *Participant* who intends to operate a VOW to display MLS Listing Information must notify Bright MLS of its intention to establish a VOW and must make the VOW readily accessible to the Bright MLS and to all MLS *Participants* for purposes of verifying compliance with these Rules, the VOW Policy, and any other applicable MLS rules or policies. ### Section 17.14 A *Participant* may operate more than one VOW himself or herself or through an AVP. A *Participant* who operates his or her own VOW may contract with an AVP to have the AVP operate other VOWs on his or her behalf. However, any VOW operated on behalf of a *Participant* by an AVP is subject to the supervision and accountability of the *Participant*. ### Section 17.15 A *Participant* shall not change the content of any MLS Listing Information that is displayed on a VOW from the content as it is provided in the MLS. The *Participant* may, however, augment MLS Listing Information with additional information not otherwise prohibited by these Rules or by other applicable MLS rules or policies as long as the source of such other information is clearly identified. This rule does not restrict the format of display of MLS Listing Information on VOWs or the display on VOWs of fewer than all of the *listings* or fewer than all of the authorized information fields. ### Section 17.16 A *Participant* shall cause to be placed on his or her VOW a notice indicating that the MLS Listing Information displayed on the VOW is deemed reliable but is not guaranteed accurate by Bright MLS. A *Participant’s* VOW may include other appropriate disclaimers necessary to protect the *Participant* and/or Bright MLS from liability. ### Section 17.17 A *Participant* shall limit the number of *listings* that a Registrant may view, retrieve, or download to not more than 200 current *listings* and not more than 200 sold *listings* in response to any inquiry. ### Section 17.18 A *Participant* shall cause every listing displayed on his or her VOW that is obtained from other sources, including from another MLS or from a broker not participating in the MLS, to identify the source of the listing. ### Section 17.19 A *Participant* shall cause every listing displayed on his or her VOW obtained from other sources, including from another MLS or from a broker not participating in the MLS, to be searched and displayed separately from *listings* in the MLS. ### Section 17.20 *Participants* and the AVPs operating VOWs on their behalf must execute the license agreement required by the MLS. ## LEGAL TERMS ### Section 18. Confidentiality of MLS Information Any information provided by Bright MLS to the *Participants* shall be considered official information of Bright MLS. Such information shall be considered confidential and exclusively for the use of *Participants* and real estate licensees affiliated with such *Participants* and those *Participants* who are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property and licensed or certified appraisers affiliated with such *Participants*. ### Section 18.1 Authorization for Use of Property Listing Content By the act of submission of any *property listing content* to Bright MLS the *Participant* represents that he has been authorized to grant and thereby does grant authority for Bright MLS to include the *property listing content* in its copyrighted MLS compilation and also in any statistical report or “comparable” report. In the event that a Bright MLS copyright legend appears on any report or document issued by Bright MLS, *Participant* shall not alter or remove such copyright legend. ### Section 18.2 Lease of MLS Compilation Each *Participant* shall be entitled to lease from Bright MLS a number of copies of each MLS compilation sufficient to provide the *Participant* and each person affiliated as a licensee (including licensed or certified appraisers) with such *Participant* with one copy of such compilation. The *Participant* shall pay, for each such copy, the rental fee as set by Bright MLS. *Participants* shall acquire by such lease only the right to use the MLS compilations in accordance with these Rules. ### Section 18.3 Return of MLS Data Bright MLS reserves the right, upon withdrawal, suspension or termination of Participation, to require each *Participant* and *Subscriber* to immediately return to Bright MLS all copies of listing data (including images), compilations. ### Section 18.4 Grant of License *Participant* represents and warrants that he owns the copyright for such *property listing content* or has secured the necessary rights and licenses to such *property listing content* and grants to Bright MLS a non-exclusive license to use, copy, reproduce, modify, transform, distribute, create derivative works from, place a Bright MLS copyright legend upon, and to integrate and combine such *property listing content* into the Bright MLS database, distribute to syndication websites, and include the *property listing content* in its MLS compilation copyright submissions and also in any statistical report or “comparable” report. ### Section 18.5 Digital Millennium Copyright Act (DMCA) The Digital Millennium Copyright Act (DMCA) is a federal copyright law that enhances the penalties for copyright infringement occurring on the Internet. The law provides exemptions or “safe harbors” from copyright infringement liability for online service providers (OSP) that satisfy certain criteria. Courts construe the definition of “online service provider” broadly, which would likely include MLSs as well as *Participants* and *Subscribers* hosting an *IDX* display. One safe harbor limits the liability of an OSP that hosts a system, network or website on which Internet users may post user-generated content. If an OSP complies with the provisions of this DMCA safe harbor, it cannot be liable for copyright infringement if a user posts infringing material on its website. This protects an OSP from incurring significant sums in copyright infringement damages, as statutory damages are as high as $150,000 per work. For this reason, it is highly recommended that MLSs, *Participants* and *Subscribers* comply with the DMCA safe harbor provisions discussed herein. To qualify for this safe harbor, the OSP must: - a) Designate on its website and register with the Copyright Office an agent to receive takedown request. The agent could be the MLS *Participant*, *Subscriber*, or other individual or entity. - b) Develop and post a DMCA-compliant website policy that addresses repeat offenders - c) Comply with the DMCA takedown procedure. If a copyright owner submits a takedown notice to the OSP, which alleges infringement of its copyright at a certain location, then the OSP must promptly remove allegedly infringing material. The alleged infringer may submit a counter-notice that the OSP must share with the copyright owner. If the copyright owner fails to initiate a copyright lawsuit within ten (10) days, then the OSP may restore the removed material. - d) Have no actual knowledge of any complained-of infringing activity. - e) Not be aware of facts or circumstances from which complained-of infringing activity is apparent. ### Section 18.6 Indemnification of MLS *Participants* in Bright MLS shall have no claim or cause of action against Bright MLS by reason of any error or act of Bright MLS or its officers, directors or employees relating to the refusal to accept or the acceptance of any listing information supplied to Bright MLS by the *Participant* and the *Participant* shall defend, indemnify and hold Bright MLS harmless against all claims based upon *listings* or listing information supplied to Bright MLS by the *Participant*. ### Section 18.7 Property Listing Content Copyright and Indemnification All right, title, copyright and ownership interest in each copy of every Multiple Listing compilation and image created and copyrighted by Bright MLS shall at all times remain vested in Bright MLS. Copyright and ownership interests in *property listing content* submitted by *Participants*, shall remain with the *Participant*; however, *Participant* licenses Bright MLS to reproduce, distribute and transform the *property listing content* and place a Bright MLS copyright legend on the *property listing content*. *Participant* shall not alter or remove Bright MLS’s copyright legend from any image except that *Participant* may remove said legend from *Participant’s* own images for use in print media in which the *Participant* has control. Except for images taken by Bright MLS photographers, *Participants* and/or *Subscribers* shall not use images from a prior listing of a property for a current listing of a property without the express consent of the owner of proprietary rights in the images. *Participant* agrees to defend, indemnify, and hold harmless Bright MLS and its other *Participants* and *Subscribers* from any and all damages or losses, including attorney’s fees and litigation costs or expenses arising from claims made against Bright MLS and/or its other *Participants* and *Subscribers* by any third party based upon Bright MLS’s and/or its other *Participants* and *Subscribers* dissemination or display of any *property listing content* submitted by the *Participant*. ### Section 18.8 Limitation of BRIGHT MLS’s Liability Except for gross negligence and willful misconduct, *Participants* for themselves, their agents and employees, release Bright MLS, its officers, directors, employees, agents, vendors, contractors, and subcontractors from all claims whatsoever for loss or damage including claims for lost profits and indirect or consequential damage, arising from or in any way pertaining to any form of multiple listing service, product or feature, offered to *Participants* by Bright MLS or by its agents, vendors, contractors and subcontractors. *Participant* agrees to defend, indemnify and hold Bright MLS harmless from any such claims derived by, through or under them. ## POLICIES ### Section 19. Policies Not Addressed in these Rules and Regulations Any matter or issue not specifically addressed in these Rules and Regulations shall be governed by the existing policies of the National Association of REALTORS®; Federal, State and Local regulations; and Bright MLS, as from time to time amended.