Exhibit 4: IDX

Exhibit 4: IDX

INTERNET DATA EXCHANGE

Company Websites Using MLS Data

Section 1. Definitions

  • Internet Data Exchange” or “IDX” affords MLS Participants theability to authorize limited electronic display and delivery of their listings by other participantsvia the following authorized mediums under the Participant’s control: websites, mobile apps, and audio devices. As used throughout these rules, “display” includes “delivery” of such listings, subject to the requirements of these Rules.

  • “IDX Database” is the current aggregate compilation of all active listings of all IDX Participants except those listings where the seller or listing broker has opted out of Internet publication by so indicating on the listing contract or the MLS system. The listing broker must indicate “N” to the “Advertising by Other Firm Websites?” prompt during MLS data entry to exclude a listing. Additionally, “IDX2”contains twelve (12) months of sold listing.

  • “Affiliated Subscribers” about a given Participant, are those non-principal licensees affiliated with Participant’s office.

Section 2. Participation Presumed

The Service will presume that each Participant in the Service is an IDX Participant unless the Participant affirmatively notifies the MLS 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, frame or display 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have given blanket authority for other participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis where the seller has prohibited all Internet display or other electronic forms of display or distribution.

Participation in IDX is available to all MLS participants engaged in real estate brokerage who consent to display of their listings by other participants.

Section 3. Publication Permitted

An IDX Participant may republish all or a portion of the IDX Database on the Internet, or frame the Service’s search page, in accordance with the provisions of these Rules and in keeping with any policies that the Service may adopt from time to time. Unless expressly contravened by the provisions of this Exhibit 4, all other rules and regulations remain in full force and effect.

All listings displayed pursuant to IDX shall identify the listing firm in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data.*

    *Displays of minimal information (e.g., “thumbnails”, text messages, “tweets”, etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. For audio delivery of listing content, all required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the devices application.

Section 4. Required and Prohibited Fields and Records.




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. The Service’s Board of Managersmay amend the lists of required and prohibited fields in its discretion as part of the Service’s operating policies.

Section 5. Frequency of Updates.

Participants must refresh all MLS downloads and displays automatically fed by those downloads not less frequently than every twelve (12) hours. The IDX Participant’s IDX web site must indicate the date and time of the last update of data.

Section 6. Modification of listings.

An IDX Participant may not modify or manipulate information relating to another Participant’s listing. (This is not a limitation on the design of the site but refers to changes to actual data.)

Section 7. Additional functions and content.

An IDX Participant may, subject to the requirements of Sections 9 and 10, display generic links or “buttons” (such as “Map” or “Tax Info”) on listings of other Participants. If the IDX Participant displays data from other sources, such as property tax records, sales histories, etc., that data must be segregated on the page from the other IDX Participants’ listings and its source clearly identified.This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings orfewer authorized data fields.

Section 8. Displays

  • A display of another Participant’s listing may not include any contact information or branding of the IDX Participant who owns the web site, any of its Affiliated Subscribers, or any third party in the body of the listing. The body is defined as the rectangular space the borders of which are delimited by the utmost extent in each direction of the listing text and photo data. The display must show the actual status, i.e., Active, Active Due Diligence, Active SS Contract, etc.

  • If the Participant displays the listings of other IDX Participants in “one-line,” “brief,” or “thumbnail” formats, it must be possible for the consumer to reach a detailed display of the listing from the thumbnail display.

  • A display of listing records may be sorted so that listings of the IDX Participant on whose web site they are displayed appear first.

  • Every display of another Participant’s listing must bear the Service’s approved IDX icon immediately adjacent to the property information. Every detailed display of another Participant’s listing must bear the listing broker Participant’s firm name. Each of these required items must be in a reasonably prominent location, in a reasonably visible and legible type face and color to a site visitor, e.g., no tiny text or gray text on gray background. Text must appear in a type size equal to the median size used for listing data on the page.

  • Any IDX site that does the following shall disable or discontinue either or both of those features as to the seller’s listing 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 features disabled or discontinued on all Participants’ websites. Except for the foregoing and subject to paragraph (f), 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 feature has been disabled at the request of the seller. (Adopted 11/09)

    • allows third-parties to write comments or reviews about listings or displays a hyperlink to such comments or reviews in immediate conjunction with listings, or​

    • displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing,

  • Any IDX display controlled by a participant 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.

  • 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 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. (Adopted 11/09)​

  • DX Participants are advised to review NC Real Estate Commission articles and rules on advertising to ensure compliance with state law.

Section 9. Disclosure/disclaimer required.

All listings displayed pursuant to IDX must indicate that the Service is the source of the listing and display the following disclosure/disclaimer: “The data relating to real estate on this web site comes in part from the Internet Data Exchange program of North Carolina Regional MLS LLC, and is updated as of ______ (date/time). All information is deemed reliable but not guaranteed and should be independently verified. All properties are subject to prior sale, change, or withdrawal. Neither listing broker(s) nor [name of IDX Participant’s firm] shall be responsible for any typographical errors, misinformation, or misprints, and shall be held totally harmless from any damages arising from reliance upon these data. ©20xxNorth Carolina Regional MLS LLC”

Displays of minimal information (e.g., “thumbnails”, text messages, “tweets”, etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures.For audio delivery of listing content, all required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the devices application.

Section 10. Participant control and branding.

Any website that displays any portion of the IDX Database must be under the actual and apparent control of a single Participant who is an IDX Participant and must be advertised as that IDX Participant's web site. Actual control means that the IDX Participant has either built the web site for its own use with internal resources or obtained technology for the web site under an agreement with a third party that provides the IDX Participant final say over how the web site is operated. Apparent control means that a reasonable consumer viewing the site would conclude that it is under the control of the IDX Participant. The Service interprets the following as evidence of apparent control: that the IDX Participant's branding is more prominent than that of any other entity  and that the domain name and branding on the site distinguish the IDX Participant from non-participating offices in the same firm and from other franchisees of the same franchise, if applicable. The IDX Participant shall include firm branding on any page of its web site displaying any portion of the IDX Database or where visitors may initiate a search that may display any portion of the IDX Database, including pages framed by an Affiliated Subscriber’s web site. The Participant’s branding shall appear at the top of the page and shall consist at a minimum of the brokerage firm’s full name with all text displayed at least 10 points high, and with a hyperlink from the broker’s name or logo to the broker’s home page. Brokerage firm name here means the full name of the firm as registered with the Service (e.g., “Century 21” or “RE/MAX” is not enough; it must include the entire firm name). In the case of multi-office firms, the branding must be displayed in such a way as to make it clear to a reasonable consumer that it is the Service’s participating office(s) that provide the data for the web-site.

Section 11 Internet Data Exchange (IDX)

Section 11.1.1 Intent to Establish IDX.

Participants must notify the MLS of their intention to display IDX information and must give the MLS direct access for purposes of monitoring/ensuring compliance with applicable rules and policies.

Section 11.1.2:

MLS participants may not use IDX-provided listings for any purpose other than display as provided for in these rules. This does not require Participants to prevent indexing of IDX listings by recognized search engines.

Section 11.1.3

Listings, including property addresses, can be included in IDX displays except where a seller has directed their listing brokers 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 VOWs)) or other electronic forms of display or distribution.

Section 11.1.4:

Participants may select the listings they choose to display through IDX 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-to-sell or exclusive agency), or the level of service being provided by the listing firm. Selection of listings displayed through IDX must be independently made by each participant. If an IDX Participant displays less than all the records in the IDX Database, the Participant’s web site must include a disclosure to consumers of the basis upon which listings are excluded.

Section 11.1.5

Except as provided elsewhere in the IDX policy and these rules and regulations, an IDX site or a participant or user 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. The Service will assess a fine for each such disclosure, not to exceed $5,000; this fine is not in lieu of any other remedies that may be available to the Service at law

Section 11.1.6:Any IDX display controlled by a participant or subscriber that:

  1. allows third-parties to write comments or reviews about listings or displays a hyperlink to such comments or reviews in immediate conjunction with listings, or,
  2. displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing, either or both of those features shall be disabled or discontinued for 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 features disabled or discontinued on all displays controlled by participants. Except for the foregoing and subject to paragraph 9, a participant’s IDX display may communicate the participant’s professional judgment concerning any listing. Nothing shall prevent an IDX display from notifying its customers that a feature has been disabled at the request of the seller.

Section 12

Section 12.1 Security Protection:

Participants are required to employ appropriate security protection such as firewalls on their websites and displays, if any security measures required may not be greater than those employed by the MLS

Section 12.1.2 Audit Trail

The IDX Participant shall maintain for a period of six months an audit trail of consumer activity on the Participant’s website and make that information available to the Service if the Service believes the Participant’s IDX site has caused or permitted a breach in the security of the data or a violation of Rules related to use by consumers

Section 13. Suspicious activity reported.

If an IDX Participant suspects “scraping” of the data or any other wrongful activity has occurred, the Participant must report the suspicion and any evidence to the Service immediately for investigation and action.

Section 14. Compliance with rules.

An IDX Participant must make changes to an Internet site necessary to cure a violation of these Rules within three business days of notice from the Service of the violation.

Section 15. Co-mingling.

The IDX Database may be co-mingled only with listing data content from other multiple listing services; any other kind of listing content must be accessed via a separate search on other pages of the Participant’s web site. “Co-mingling” is the provision of the ability for a visitor to the site to execute a single search that searches any portion of the IDX Database at the same time it searches listing data from any other source; or the display on a single web page of any portion of the IDX Database and listing data from any other source. Displays of minimal information (e.g., “thumbnails,” text messages, “tweets,” etc., of two hundred[200]characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. For audio delivery of listing content, all required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the devices application

Section 16. Third party contractors.

Any IDX Participant using a third party to develop or design its web site must have a written agreement with the Service and that third party in the form prescribed by Service.

Section 17:

Non-principal brokers and sales licensees affiliated with IDX participants may display information available through IDX on their own websites subject to their participant’s consent and control and the requirements of state law and/or regulation. Non-principal licensee web sites may display IDX listings only subject to an agreement prescribed by the Service among the Service, the IDX Participant with whom/which the non-principal licensee is affiliated, and the IDX web site vendor. All such displays are subject to these rules, including without limitation, rules applicable to IDX Participant control and branding. IDX Participants may operate multiple web sites displaying the IDX Database, each of which meets the requirements of these rules applicable to Participant control and branding, but which give the appearance of being web sites jointly branded by the IDX Participant and one or more of its non-principal licensees

Section 18: License Sites.

All non-principal licensee web sites must ‘frame’ or ‘gateway’ to the IDX Participant’s web site to display IDX listings. Affiliated Subscribers’ sites may frame the IDX Participant’s site only subject to an agreement prescribed by the Service among the IDX Participant, the Affiliated Subscriber, the IDX site vendor, and the Service; and all such displays are subject to these Rules, including without limitation Section 11

Section 19.

Limited use statement; end-user licensing agreement. Any IDX Participant’s web site displaying another Participant’s listing shall indicate that it is provided exclusively for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties they may be interested in purchasing. Before displaying any of the IDX Database, the IDX Participant’s web site must require a visitor to agree to an end-user license agreement in the form prescribed by the Service, if any.

Section 20. Costs paid by Participant.

Costs incurred by the Service in providing the IDX Database and other IDX Services to a Participant, its Subscriber Affiliates, or its vendor, shall be paid by the Participant. The Service’s Board of Managers may amend the fees the Service charges, if any, for IDX Services in its sole discretion upon notice to Participants
.





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