TABLE OF CONTENTS
10.1. Lockbox - A broker participant or r.e. subscriber
submitting a listing may obtain a lockbox from the applicable MLS office
for use on that property by strictly complying with the procedures and
rules set up by the applicable MLS and payment of the applicable
10.2. (LEVEL LB ONLY) Key - A broker participant or r.e. subscriber of Level LB signatories as provided in paragraph 4.4 may obtain a lockbox key or programmer from the applicable MLS office for temporary use for showing property in the area by strictly complying with the procedures and rules set up by the applicable MLS and payment of the applicable deposit.
11. MLS BOOKS AND COMP BOOKS. (LEVEL II)
11.1. Participant and Subscriber Purchase - Participants and subscribers of Level II signatories may order copies of MLS books, hotsheets and other materials from any other Level II signatories if such books are available. Each MLS may charge the prices specified in Schedule A as amended from time to time.
11.2. Display - An Association may, but is not required to, allow participants, subscribers or members of a Association to view any MLS or comp book on premises.
11.3. Comp Books/Association Service - Each Association may determine its own policy on whether comp books are a service of the Association or an MLS service/product. However, if comp books are a service of the Association, they must be made available to all REALTOR-ASSOCIATE® members of Level II signatories.
12. COMPUTER ACCESS. (LEVEL III)
12.1. Association Access - Each Level III Association may access the MLS database of every other Level III Association without the payment of fees. However, no Association or MLS may allow access to unauthorized persons and shall not make access to the data or give the data to any entity or persons other than specifically authorized by this agreement.
12.2. Security System - Each Association and MLS shall set up a system to monitor security to the system by pass code exchange, separate gate or other mutually acceptable mechanism to assure that only authorized participants and subscribers may access the system. The signatories to this contract may, as part of that arrangement, pass costs affiliated with such access to the MLS Participants or subscribers. Such a system may include an annual pass code fee, software costs, or other mutually acceptable arrangement. Any such agreement shall be put in writing. Any fees to be charged to the other Level III participants or subscribers shall be added to Schedule A and sent to C.A.R. in writing to be effective seven (7) calendar days after publication through CARNET.
12.3. Participant and Subscriber Access - Participants and subscribers of an MLS may directly access the MLS database of any other Level III MLS without the payment of fees to the other MLS or Regional MLS except as provided in Schedule A.
12.4. Restricted Database - Each REALTOR® or REALTOR-ASSOCIATE® member of any Association may have direct access to the restricted database of every Level III Association or MLS under this agreement. Each Association may determine its own policy on whether access to the its MLS restricted database is a service of the Association or is included in MLS service/product fees.
12.5. Limits on Authority - No Association or MLS or party is authorized to sell, transmit, retransmit or give access to any other Association’s or party’s MLS data base or MLS restricted database to persons other than its own MLS participants or subscribers except as specifically authorized in this agreement.
13. FEES. Each signatory shall attach a list of the applicable fees as Schedule A and shall notify the CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.) in writing of any change in the fees. The price changes shall become effective as to the participants and subscribers of other signatories seven (7) calendar days after publication by C.A.R. through CARNET or BOARDNET.
13.1. Each MLS shall set its own fee schedule for reciprocal fees it charges participants and subscribers.
13.2. Each MLS shall determine the fees it charges its own participants and subscribers.
13.3. Each MLS shall determine the prices at which it sells MLS books, comp books and supplies. (LEVEL II)
13.4. Each MLS shall determine the deposit and fees for lockbox key checkout, lease or sale privileges. (LEVEL LB)
14. CHANGE OF LEVEL. Any signatory may change the level to which it agrees by giving written notice to C.A.R. Such change will become effective upon publication through CARNET, if the level is higher or, if the level is reduced, upon seven (7) days after publication through CARNET.
15. ENFORCEMENT OF MLS RULES.
15.1. Home MLS Rules - Participants and subscribers shall be governed by the MLS Rules and Regulations of their home MLS except that participants and subscribers shall also be governed by the rules under which the listing is published or to which they have access in conjunction with such access if other than the participant or subscriber’s home MLS.
15.2. Copies of MLS Rules - Copies of the MLS rules of any Association MLS shall be made available by the home MLS to its participants and subscribers upon request.
15.3. Minimum Rules - Each Association and MLS agrees that it will not adopt MLS rules which are less strict than Sections 4, 8, 11, 12 and 13 of the California Model MLS Rules, as from time to time amended. Each Association and MLS agrees to enforce the applicable rules against its own participants and subscribers.
15.4. Arbitration Between Participants and Subscribers - The MLS Rules of each MLS shall provide for arbitration between participants and/or subscribers as provided in the California Model MLS Rules, as from time to time amended by the CALIFORNIA ASSOCIATION OF REALTORS®, and require MLS participants and subscribers to submit to binding arbitration any disputes between participants and/or subscribers of the MLSs under this agreement. Such arbitrations shall be governed by the California Code of Ethics and Arbitration Manual, as from time to time amended, which are hereby incorporated by reference.
15.5. Reciprocating MLS Rules - In the event a participant submitting reciprocal listings is found to be in violation of the MLS rules of a reciprocating MLS, the reciprocating MLS may impose discipline upon the violating participant under its rules including, but not limited to, the termination of all rights to submit reciprocal listings, purchase MLS and comp books, lockbox key privileges and access the MLS database. The MLS imposing the discipline shall notify the participant’s home MLS of the action.
15.6. Suspension for Rules Violations - In the event a participant or subscriber is suspended from his home MLS for violation of the MLS Rules, the home MLS will notify any and all reciprocating MLSs, but the listings of that participant will remain in any reciprocating MLSs’ books and database but will not be allowed to be renewed or extended.
15.7. Suspension for Nonpayment - In the event a participant or subscriber is suspended for non-payment of fees or resigns from his home MLS, the home MLS will notify any and all reciprocating MLSs, which will remove all reciprocal listings of that participant or subscriber from its MLS books and database.
All right, title, and interest in each copy of every MLS compilation created and copyrighted by that MLS’s respective Association(s) or regional MLS, and in the copyrights therein, shall at all times remain vested in such Association(s) or regional MLS. This agreement does not vest any rights, title and interest in the MLS compilation of each respective party to this agreement in any other party to this agreement.
17. RELATIONSHIP OF THE PARTIES.
By this Agreement the parties have established rights and obligations between one another, and are neither partners nor joint venturers. Each Association and corporation is responsible for its own finances and each party shall continue to operate its MLS independently, except as herein expressly provided to the contrary. As a convenience to the parties to this agreement and to its members, the CALIFORNIA ASSOCIATION OF REALTORS® is the place where changes and signature pages will be kept on file. Where C.A.R. is designated as the entity to receive and publish notice or changes, such provisions shall be effective only as long as C.A.R. is willing to provide such service. Where the term "CARNET" is used, it shall mean the electronic method of transmission between Associations then being offered by C.A.R. In the event that C.A.R. no longer provides the services outlined in this paragraph, the parties may designate an alternative central place of notification by mutual agreement. However, C.A.R. is not a party, partner nor joint venturer to any of the signatories of this contract.
18. LIMITED AUTHORITY AND INDEMNITY.
Each Association and Regional MLS agrees not to represent itself as having authority to act or contract on behalf of the other Associations or Regional MLS without express authority pursuant to the terms of this agreement. Each Association and Regional MLS agrees to indemnify and hold each other Association and Regional MLS harmless for any damages resulting from such unauthorized conduct.
19. TERM AND TERMINATION OF AGREEMENT.
This agreement shall continue unless cancelled pursuant to this paragraph. Any party may cancel this Agreement without cause upon thirty (30) days advance written notice to all other parties and to C.A.R. or upon written notice to C.A.R. which shall become effective thirty (30) days after publication through CARNET. If one party cancels this agreement, the remaining parties shall continue to be bound under the terms of this agreement.
20. N.A.R. POLICY.
Parties to this agreement agree to maintain their governing documents in compliance with N.A.R. policy. Proof of compliance with N.A.R. policy shall be provided to any Association upon demand. A letter from N.A.R. stating compliance with their policy shall be sufficient proof under this section.
21. CONSTRUCTION OF CONTRACT.
If any provision or provisions of this contract are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement may be executed two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement is an agreement with all other entities that have signed the CALIFORNIA MASTER RECIPROCAL AND INTER-REGIONAL MLS AGREEMENT and have submitted the signatory page to the CALIFORNIA ASSOCIATION OF REALTORS®.
Any controversy or claim between signatories to this Agreement arising out or relating to this Agreement or the breach thereof, shall be first submitted to mediation. If the matter is unable to be settled by mediation, such controversy or claim shall settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the award rendered by the Arbitrators(s) shall be binding and final. Arbitration between participants and subscribers of an MLS are governed by paragraph 15.4.
The Boards of Directors of the respective parties have approved this agreement and those signing below have the authority and are signing for on behalf of the respective parties.
This agreement may be amended by the Board of Directors of the California Association of REALTORS® and will become effective 60 days after adoption of the amendment by the C.A.R. Directors. Notice of such amendments will be given through C.A.R.’s usual communication channels to Boards/Associations. Each signatory agrees to be bound by the amendment unless they otherwise terminate the contract pursuant to paragraph 19.
25. EFFECTIVE DATE.
This Agreement is effective as the date specified by the signature and shall continue until terminated.
The undersigned hereby agrees to all the provisions of the 1994 CALIFORNIA MASTER RECIPROCAL AND INTER-REGIONAL AGREEMENT.
The undersigned elects: (CHECK ONE)
( ) LEVEL I
( ) LEVEL II
( ) LEVEL III
( ) LEVEL LB
NAME OF ASSOCIATION OR REGIONAL MLS:
Name and Title:
Reciprocal Fee $
Lockbox Deposit $
Lockbox Key Deposit $
Lockbox Price $
MLS Book Price $
MLS Comp Price $
Passcode setup $