IDX Information - Compliance Policies
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The rules below address the practice of incorporating MLS IDX active listing data into Member’s web sites by the use of intergraded “raw” data and/or linked property search applications like RILiving’s “SmartFraming”.

Policy: Section 14 of the State-Wide MLS Rules and Regulations contain provisions relating to IDX. These provisions are reproduced in their entirety here. In many cases, explanatory remarks appear below the policy provision:

Rule: Section 14.1 A Participant in IDX may republish all or a portion of the Internet Data Exchange Database on the Internet in accordance with the following provisions and in keeping with any policies that the MLS may adopt from time to time. Participants in IDX may not republish any listings of other Brokers if those listings are not part of the Internet Data Exchange Database. Non-Participants in IDX may not republish any listings of other Brokers.

A Participant shall comply with applicable real estate license and agency laws of any state in which he is procuring or attempting to procure potential purchasers and/or prospects (e.g. those real estate activities for which a real estate referral fee could be paid).

Unless expressly contravened by the provisions of this section, all other rules and regulations remain in full force and effort.

Explanation: Brokers and agents of that Broker who have opted-in to the IDX data sharing program can only display only those listings of other Participants which are designated with a "Y" in the "IDX" field and not any other listings found in the MLS, they can choose to display only certain types of listings. For example, in a particular price range, geographical area, or property type.

Rule: a. An Internet republication of another Participant's listing shall contain only those fields of data designated by the MLS for this purpose. (A Participant may display fewer fields if he chooses); provided, however, that a Participant must display the following mandatory fields in the following format:

• municipality name
• property type
• MLS listing number
• listing price
• MLS-approved IDX logo & description
• listing firm name, with the qualifier "Listed By: (firm name)" in a display such as would not deceive or mislead the average consumer to believe that the listing belongs to another firm

Explanation: Participants can only display the data fields approved by State-Wide MLS for republication and also prohibited from "re-keying' fields of listing information not included in the IDX database. Participants may display all information relating to his/her own listings. This limitation applies only to listings in the IDX Database that are not listed by a Participant's office.

Rule: b. A Participant who republishes another Participant's listing shall update the information on its Internet web site at least weekly and shall display the date of the most recent update on the web site.

Explanation: State-Wide MLS mandates that IDX listings posted on a Participant's web site be updated on a weekly basis and strongly encourages updates daily. State-Wide MLS mandates the posting of the date of last update, in the event that Participants choose to update less frequently than daily, encourages the use of a disclaimer indicating the frequency of updates.

Rule: c. A Participant shall not modify or manipulate the data which relates to another Participant listing. This prohibition relates only to the data itself and not to the physical design of the web site.

Explanation: Participants can do whatever they wish (consistent with the Code of Ethics and applicable state laws) to data relating to its own firm's listings. However, Participants can only post listings of other firms within the framework of these IDX Policies. Participants are strictly prohibited from modifying the listing data in the IDX database of other Participants. This could conceivably include displaying other data alongside the listing data of other Participants. For example, if a Participant links home financing information to listing data on their site, the Participant should be cautious about displaying such data on the same screen as another IDX Participant's listings. Participants should make every effort to distinguish their firm's data from that of the IDX database. Segregation such data "geographically" on the screen and including a credit on the non-IDX data (such as "Financing data courtesy of ABC Lending") would be a suggested way of accomplishing this.

Rule: d. The MLS-approved icon and such written explanation of the IDX Policy as the MLS requires must appear on the first page where any listing data is displayed.

Rule: e. Any property display which identifies another Participant’s listing in a brief or “thumbnail” format shall bear the MLS-approved thumbnail icon immediately adjacent to the property information.

Explanation: State-Wide MLS interprets a thumbnail display as being no more than two (2) lines of text and/or a photograph no more 100 pixels high.

Rule: f. A thumbnail display of another Participant's listing may not include any contact information and/or branding of the Participant who owns the web site, any of its agents, or any third party.

Explanation: This provision is designed to prevent the web-site-owning Participant's contact information and branding, and that of their agents, from appearing on other IDX Participant's listings. "Branding" refers to any marks or language referring to the web-site-owning Participant repeated in the thumbnail display of another Participant's listing. Any association of such information of branding with the listing data is a violation of this rule.

Rule: g. A property display which produces a detailed display of another Participant’s listing shall bear that Participant’s office name, the MLS-approved icon, and the MLS-approved copyright notice immediately following the property information. The Participant’s office name should be displayed using a font color and size equal to that which is used to display the listing data.

Explanation: State-Wide MLS interprets any display containing more than two (2) horizontal lines of text display or displaying a photo more than 100 pixels in height as being a detailed display.

Rule: h. A detailed display of another Participant's listing shall not include any branding of the Participant who owns the web site, Participants, Users, or any third party within the body or rectangular space whose borders are delimited by the utmost extent in each direction of the listing text and photo data.

Explanation: This provision is designed to prevent the web-site-owning Participant's branding, and that of their agents, from appearing on other IDX Participant's listings. Any association of such information of branding with the listing data is a violation of this rule.

Rule: i. Any result identifying a listing from the IDX database shall include the following disclaimer "Information deemed reliable but not guaranteed."

Explanation: In practice, Participants should display this disclaimer on your own listings as well, unless legal counsel advises otherwise.

Rule: j. Any Internet web site used for the publication of the Service and/or IDX data or any portion thereof must be controlled by a Participant and advertised as that Participant’s Internet web site. Although the use of outsourced technology vendors for site development and operating purposes is permitted, branding of the Participant’s site must be at least as large as the largest type size and logo/images used by the vendor to display their own company information.

Explanation: This is an important limitation on the building of web sites by third parties for Participants. In order to participate in IDX, a site must be marketed and branded as a broker's site. Consider this scenario: A company, "RIRedRealtyOnline.com" (RIRRO) provides promotional services for brokers. Three Participants want RIRRO to build its web sites. As long as the web sites are separate and most prominently identified with the brokerage firms, it's fine for RIRRO to have a notice at the bottom of every page that says "Powered by RIRRO". However, RIRRO must not "brand" any of these sites in such a way to suggest that RIRRO controls it. For example, a large banner across the top of the page with RIRRO's name is prohibited, even if it identifies the Participant's firm underneath.

Rule: k. A Participant who displays the Internet Data Exchange Database or any portion thereof shall make reasonable efforts to avoid capturing (i.e. scraping) or any other means of the acquisition of the data by third parties or displaying of that data on any other web site. "Reasonable efforts" shall include, but not be limited to:

1. monitoring the web site for signs that a third party is "scraping" data, and
2. prominently posting notice on the Participant's web site that any use of search facilities of data on the site other than by a consumer seeking to purchase real estate is prohibited.

If a Participant suspects "scraping" of the data has occurred, he shall report his suspicion and provide any and all evidence to the MLS immediately for investigation and action. A Participant shall make changes to an Internet site necessary to cure a violation of the MLS Rules and Regulations within five business days of notice, excluding state and federal holidays, from MLS of the violation during which time MLS access may be denied, and after which MLS access may be terminated.

Explanation: This provision requires a Participant and his/her web site host to monitor the firm's site. If it appears that a large number of site visits are coming from a particular domain on the web and that these visits may be the result of an automated process designed to gather or "scrape" data from the Participant's web site for use somewhere else for a commercial purpose, the Participant must notify State-Wide MLS immediately. "Scraping" can be further impeded by limiting the number of listings that are posted on a single web page.

Rule: l. No portion of the database shall be used or provided to a third party for any purpose other than those expressly provided for in Sections 11 and 12 of these rules.

Explanation: State-Wide MLS expressly prohibits distribution of the IDX database or any portion thereof for ANY purpose other than those permitted by State-Wide MLS's Rules and Regulations. This includes distribution to other Participants. Again - a Participant cannot sell or distribute access or copies of the IDX database to other Participants or any other individuals or businesses, even if they are Members of State-Wide MLS or any other REALTOR Association.

Rule: m. Any non-MLS listing of which there is written consent of the seller can be co-mingled with the IDX listings on the Participant's Internet web site, but must be denoted by using the MLS-approved "non-MLS listing" icon and disclaimer.

Explanation: If a Participant accepts listings from consumers but does not enter them into State-Wide MLS, they can appear on any thumb-nail display or as part of any search result along with IDX data, but must be noted by using the non-MLS listing logo.

Rule: n. Any Participant who uses a third party to develop/design its web site shall include the MLS-mandated provisions in a written agreement with that third party.

Explanation: State-Wide MLS requires that third-party consultants gaining access to the IDX database sign the "IDX Consultant Agreement". Providing an MLS password to an unauthorized recipient is a serious violation of State-Wide MLS' rules, punishable by a fine of $1,000 for each violation.

Rule: o. Any Participant web site which displays data from the IDX Database shall be under the control of no more than one Participant.

Explanation: Web sites that display IDX listing data must be controlled and branded by a single firm and Participant.

Rule: p. Participants and their agents must notify the MLS of their intention to establish an IDX site and make their IDX site directly accessible to the MLS for purposes of monitoring/ensuring compliance with applicable rules and policies.

Explanation: Any Member’s web site(s) that displays listings belonging to the IDX program (i.e. listings marked as IDX=Y in the MLS system) must be registered with MLS.

Rule: q. Any Participant that has registered with MLS their intention to opt-out all their listings from the IDX program is prohibited from displaying IDX data or any portion thereof on their web site or the sites of their agents.

Explanation: Offices and agents belonging to offices that have decided not to participate in the IDX program are not allowed to display listings belonging to other firms that are participating in IDX.

Fines

Note - There will be strict enforcement of State-Wide MLS' IDX Policies, particularly that concerning the incorporation of raw IDX listing data into an office's or agent's web site. Sites licensed to repost IDX data will be carefully monitored to insure the proper usage of the data and to protect the integrity of the MLS service and its Members

1. Posting of non-IDX data of another Participant - $500 per offense
2. Forwarding RI Living Framing or SmartFraming license to another party -$500 per offense
3. Forwarding MLS or IDX listing data to an unauthorized 3rd party vendor - $500 per offense
4. Divulging an MLS ID & Password - $1,000 first offense
5. Not registering an IDX site with MLS - $50 per offense

Revised: 9/2005