In May of 2000 the National Association of Realtors® adopted a policy known as Internet Data Exchange (“IDX”), formerly known as Internet Data Display or “IDD”, which required MLSs to implement an IDX policy not later than January 1, 2002. The IDX Program allows brokers to give each other permission to display their listing on each other’s websites. Brokers who participate in this Program can display the active listings of other brokers who also participate in the Program. The Multi Regional Multiple Listing Service, Inc. (“MRMLS”) has established an IDX Policy in accordance with the guidelines set forth by the National Association of Realtors® and that conform to the Model MLS Rules intended for use by Member Associations of the California Association of Realtors®. The intent of this IDX Policy is to establish uniform rules and regulations for implementation and administration of the IDX Policy mandated by the National Association of Realtors®. Accordingly, each Member Association of MRMLS must adopt this policy in its entirety, without modification, in order to participate in and be afforded the benefits of IDX.
MRMLS’ rules and regulations for IDX are as follows:
Section 1. IDX Definitions.
IDX affords MRMLS Participants the option of authorizing display of their active listings on other Participants’, and their authorized Subscribers’, Internet websites. MRMLS’ IDX program includes two methods of data display: (1) “IDF” is the term used to describe a “framable data display link”: (2) “IDD” is the term used to describe downloadable “data delivery”. For purposes of this IDX Policy, a “Participant” is defined as a Designated Broker of a Member Association of MRMLS and a “Subscriber” is defined as an agent of a Designated Broker.
Section 2. Authorization.
Participants’ consent for display of their active listings by other Participants pursuant to these rules and regulations is presumed unless a Participant affirmatively notifies MRMLS that the Participant refuses to permit display (either on a blanket or on a listing by listing basis). If a Participant refuses on a blanket basis to permit the display of that Participant’s listings, that Participant may not download or frame the aggregated MLS data of other Participants. A Participant’s consent to display of their listings by other Participants is not required to have their listings transmitted by MRMLS to aggregators/publishers of real property advertisements.
Section 3. Participation.
Participation in MRMLS’ IDX program through IDD or IDF is available to all Participants of Member Associations in MRMLS engaged in real estate brokerage and who consent to display of their listings by other Participants. This requirement can be met by maintaining an office or Internet presence from which Participants are available to represent real estate sellers or buyers, or both. Limited participation in MRMLS’ IDX program through IDF is available to Participants’ authorized Subscribers of Member Associations in MRMLS and those individuals who subscribe to a Member Association for multiple listing purposes only (collectively “Authorized Subscribers”).
Section 4. Display.
Display of listing information by Participants and Authorized Subscribers pursuant to IDX is subject to the following mandatory rules:
4.1. Listings displayed pursuant to IDX shall contain only those fields of data designated by MRMLS. Display of all other fields (as determined by MRMLS) is prohibited.
4.2. Participants and Authorized Subscribers shall list all available listings and types of properties (subject to Section 4.7 below) on their websites.
4.3. Participants and Authorized Subscribers shall not modify or manipulate actual listing data information relating to other Participants’ or Authorized Subscribers’ listings. The foregoing rule is not intended as a limitation on a Participant’s Internet site design.
4.4. All listings displayed pursuant to IDX shall identify the listing firm in a type style and type size equivalent in style and size to the type used to display listing data.
4.5. All listings displayed pursuant to IDX shall identify the listing agent in a type style and type size of equivalent style and size to the type used to display listing data.
4.6. Non-principal brokers, sales licensees affiliated with IDX Participants and “multiple listing only” subscribers may not download data available through IDD on their own websites.
4.7. Listing information downloaded and/or otherwise displayed pursuant to IDX shall always include properties listed on an exclusive right to sell basis. Other types of listings (i.e., exclusive agency, open listings, et cetera) may be excluded at the discretion of the Participant.
4.8. All listings displayed pursuant to IDX shall show MRMLS as the source of the information and indicate the listing data as copyrighted by MRMLS.
4.9. Participants must refresh all data downloads at least once every seven (7) days. Participant’s sites shall display the most recent date the data was updated.
4.10. Participants shall indicate on their websites that IDX information is provided exclusively for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.
4.11. Participants shall place the following disclaimer on each page displaying IDX information on their websites:
"The multiple listing data appearing on this website, or contained in reports produced therefrom, is owned and copyrighted by Multi-Regional Multiple Listing Service, Inc. ("MRMLS") and is protected by all applicable copyright laws. Information provided is for viewer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties the viewer may be interested in purchasing. All listing data, including but not limited to square footage and lot size is believed to be accurate, but the listing Agent, listing Broker and MRMLS and its affiliates do not warrant or guarantee such accuracy. The viewer should independently verify the listed data prior to making any decisions based on such information by personal inspection and/or contacting a real estate professional."
4.12. The right to display other participant’s listings pursuant to IDX shall be limited to a participant’s office(s) holding participatory rights in a Member Association of MRMLS.
4.13. Listings obtained through IDX must be displayed separately from listings obtained from other sources, not including information provided by other MLSs.
4.14. No portion of the IDX database shall be used or provided to a third party for any purpose other than those expressly provided for in these rules.
Section 5. Service Fees And Charges.
Service fees and charges for participation in IDX shall be as established annually by MRMLS and the participant’s Member Association. A default in the payment of any service fees or charges for participation in IDX shall, in the sole discretion of MRMLS, result in the immediate suspension or termination of service to the defaulting participant.
Section 6. Policy Violations and Enforcement
The failure of a participant to conform to the rules set forth in this IDX policy shall constitute a violation of these rules and subject the violating participant to discipline by MRMLS, up to and including immediate suspension or termination of participation in IDX.