IDX RULES AND REGULATIONS
Approved by the Dayton Area Board of REALTORS® Board of Directors March 22, 2007. (The following is Section 20 of the Dayton Area Board of REALTORS® Multiple Listing Service Rules and Regulations)
Section 20 Definitions
IDX affords MLS participants the option of authorizing display of their active listings on other participants’ Internet websites.
An IDX Broker is an MLS Participant who has agreed to abide by Section 20 of the Dayton Area Board of REALTORS® Multiple Listing Service Rules and Regulations.
Non-principal brokers and sales licensees affiliated with IDX participants may display information available through IDX on their own Web sites subject to their participant’s consent and control and the requirements of state law and/or regulations.
The IDX Database is a subset of data fields from the Dayton Area Board of REALTORS® MLS database, and is subject to change by the MLS.
Section 20.1 Authorization
Participants’ consent for display of their active listings by other participants pursuant to these rules and regulations in presumed unless a 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 participants’ listing, that participant may not download or frame 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have given blanket authority for other participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis as instructed by the seller.
Section 20.2 Participation
Participation in IDX is available to all MLS participants who consent to display their listings by other participants.
Section 20.2.1
Participants must notify the MLS of their intention to establish and IDX site and must make their site directly accessible to the MLS for purposes of monitoring/ensuring compliance with applicable rules and policies.
Section 20.2.2
Participants must protect IDX information from misappropriation by employing reasonable efforts to monitor and prevent “scraping” or other unauthorized accessing, reproduction, or use of the MLS database.
Section 20.2.3
Listings or property addresses of sellers who have directed their listing brokers to withhold their listing or property address from display on the Internet (including, but not limited to, publicly-accessible websites or VOW’s) shall not be accessible via IDX sites. Notwithstanding this prohibition, listing brokers may display on their IDX sites or their other website(s) the listing or property address of consenting sellers.
Section 20.2.4
Participants may select the listings they choose to display on their IDX sites 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, exclusive agency, or open listing), or the level of service being provided by the listing firm. Selection of listings displayed on any IDX site must be independently made by each participant.
Section 20.2.5
Participant must refresh all MLS downloads and refresh all MLS data at least once every seven (7) days.
Section 20.2.6
Except as provided in these rules, and IDX site or a participant or user operating an IDX site may not distribute, provide, or make any portion of the MLS database available to any person or entity.
Section 20.2.7
When displaying listing content, a participant’s or user’s IDX site must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface.
In compliance with the National Association of REALTORS®’ policy, an IDX Broker and/or Agent may republish all (or a portion thereof as defined in section (b) below) of the IDX Database on the Internet in accordance with the following provisions and in keeping with any policies that the Dayton Area Board of REALTORS® MLS may adopt from time to time. Unless expressly contravened by the provisions of this section, all other rules and regulations remain in full force and effect.
(a) Listing Brokers' consent for IDX display of their listings is presumed unless a listing broker affirmatively notifies the MLS that the listing broker refuses to permit display on a blanket basis. In such a case, it is the Listing Broker’s responsibility to ensure that such listings are designated with an “N” in the “Broker Reciprocity” field in the MLS. If a Participant refuses on a blanket basis to permit the display of that Participant's listings, then that Participant may not display IDX listings of other Participants. IDX Brokers consent to display all of their listings unless the seller has provided written instructions the listing is not to appear in the IDX database. In such a case, the Listing Broker must enter an “N” in the “Broker Reciprocity” field in the MLS. IDX Brokers and/or Agents are prohibited from displaying other IDX listings indicated with an “N” in the “Broker Reciprocity” field in the MLS.
(b) An Internet republication and/or display of another IDX Broker’s listing shall contain only those fields of data and images designated by the MLS for this purpose.
(c) Non-principal brokers and sales licensees affiliated with IDX participants may display information available through IDX on their own Web sites subject to their participant’s consent and control and the requirements of state law and/or regulations.
(d) The MLS-approved logo and an explanation that those properties marked with the logo are provided courtesy of the Dayton Area Board of REALTORS® MLS IDX Database must appear on the first page where any listing data is displayed. In addition, IDX Brokers and/or Agents must indicate on their websites that the information being provided is 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.
(e) Any search result identifying another IDX Broker’s listing in a brief or "thumbnail" format shall bear the MLS-approved logo immediately adjacent to the property information to identify the listing as an IDX listing.
(f) A thumbnail display of another IDX Broker’s listing may not include any contact information or branding of the IDX Broker and/or Agent who owns the web site,
any of its agents, or any third party.
(g) A thumbnail display may only include the following: text data about the listing property, a photo of the listing property, the logo or type treatment of the listing broker or the MLS-approved IDX logo, and “buttons” providing links for other information.
(h) A search result producing a detailed display of another IDX Broker’s listing shall bear that IDX Broker’s name the listing agent’s name, the MLS-approved IDX logo, and the MLS’s copyright notice immediately following the property information. The IDX Broker’s name, the listing agent's name, MLS-approved logo, and copyright notice shall be at least as large as the largest type size used to display the listing data.
(i) A detailed display of another IDX Broker’s listing may not include any contact information or branding of the IDX Broker and/or Agent who owns the web site, any of it’s agents, or any third party within the “body” of the listing data. The “body” is defined as the rectangular space whose borders are delimited by the utmost extent in each direction of the listing text and photo data.
(j) Any result or compilation of search results identifying another IDX Broker’s listing shall include the disclaimer “Information Deemed Reliable But Not Guaranteed.”
(k) Any Internet web site used for publication of the IDX Database or any portion thereof must be controlled by a IDX Broker and/or Agent and advertised as that IDX Broker and/or Agent’s Internet web site.
(l) An IDX Broker and/or Agent displaying the IDX Database or any portion thereof shall make reasonable efforts to avoid "scraping" of the data by third parties or displaying of that data on any other web site through “framing” or any other technology. Reasonable efforts shall include but not be limited to:
1. Monitoring the web site for signs that a third party is “scraping” data
or “framing” and,
2. Prominently posting notice that any use of search facilities of data on
the site, other than by a consumer looking to purchase real estate, is
prohibited.
(m) If an IDX Broker and/or Agent suspects “scraping” of the data or “framing” of the site has occurred, the suspicion and any evidence must be reported to the MLS immediately for investigation and action.
(n) An IDX Broker and/or Agent must make changes to an Internet site necessary to cure a violation of the MLS's Rules within five business days of notice from MLS of the violation. An alleged violation of the IDX rules will be processed consistent with the procedures in Sections 9 and 9.1 of these rules.
(o) No portion of the IDX Database shall be co-mingled with any non-DABR MLS listings on the IDX Broker and/or Agent’s Internet web site.
(p) Any IDX Broker and/or Agent using a third party to develop/design its web site will have a written agreement with that third party in the form prescribed by the MLS.
(q) Any IDX website must be under the control of a single IDX Broker and/or Agent.