Not withstanding anything to the contrary contained herein, the following rules apply only to those listings received by the applicable Industry Participant via the ListHub Real Estate Network (the "Network") and which are displayed on such Industry Participant's website using such Network provided listing data:
I. Display Rules
A. General Listing Display Rules
- Industry Participants shall not make accessible on Industry Participant websites the listings, prices, or property addresses of sellers, received from the Network, for which a seller has directed, via the appropriate data field contained in the data feed provided by ListHub, the listing broker to withhold the listing, price or property address from public display on the Internet.
- Listing information received from Network shall not be used for any purpose not specifically authorized in these Rules.
- Industry Participants shall not use listings received from the Network for any purpose other than display on their Industry Participant's websites and/or in its/their consumer-focused mobile websites or mobile applications.
- Listing information received from the Network shall not be modified or manipulated in a fashion that changes the meaning of the listing data, and shall not be permanently retained by Industry Participant, except as needed in order to prepare averages, indexes, and trends for display.
- Any inaccurate or incomplete information displayed on any Industry Participant website that relates to any listing received from the Network must be promptly corrected by such Industry Participant at the request of the Network or listing source, if the error is not originating from the listing source data feed.
- When displaying any listing content received from the Network, all Industry Participant's websites must clearly identify the name of the Industry Participant that is operating the website in a readily visible color and typeface.
- All MLS data received from the Network and displayed by Industry Participant must be updated and refreshed no less frequently than one (1) time each day, or no less frequently than the Network feed is updated.
B. Search Results Page Rules
- Initial search results displayed on an Industry Participants website must provide a direct link to a detailed ("full view") display that includes all disclosures required by applicable law or regulation, or the Network, as provided in the licensed data content from ListHub.
- Industry Participant shall have the right to comingle listing data from multiple listing sources on the Search Results Page on their website or mobile website.
- Industry Participants shall have the right to not display Network provided listings in a given market area, but for the given market area, Industry Participant must not show any Network provided listings.
C. Listing Detail Page Rules
- Each listing detail page displayed on an Industry Participant website must identify the listing firm in a readily visible color and typeface not smaller than the median used in the display of listing data.
- Each listing detail page displayed on an Industry Participant website must display the following disclaimer language:
Copyright © [Year] [Data Source]. All rights reserved. All information provided by the listing agent/broker is deemed reliable but is not guaranteed and should be independently verified.
- Each listing detail page displayed on an Industry Participant website that displays both contact information, contact buttons or similar details for the site operator (Industry Participant) and listing content for a particular property must display such items in a way that clearly identifies the listing broker or agent for such property and does not lead a reasonable consumer to conclude that the site operator is the listing broker or agent for such property.
- MLS information received from the Network and displayed on any listing detail page of an Industry Participant website shall not be modified, provided that such listing information may be augmented with additional data, including both listing and non-listing data, not otherwise prohibited from display (it being understood that data prohibited from display includes, without limitation, data that an MLS, broker, or agent identifies as prohibited via the ListHub platform) so long as the source of any additional listing data is clearly identified. Notwithstanding any provision in this Section 4, Industry Participant shall not be required to identify the source of any non-listing data (e.g., data pertaining to schools, neighborhoods, crime) displayed on any listing detail page of an Industry Participant website.
- Each listing detail page displayed on an Industry Participant website must indicate 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 that consumers may be interested in purchasing.
II. Participant Rules
- Each participant ("Industry Participant") in the Network (i.e., those entities who may receive listings via the ListHub Real Estate Network must: (a) be an entity that grants real estate brokerage franchises under such entity's trademarks pursuant to a franchise disclosure document that satisfies all applicable Federal Trade Commission rules and regulations; or (b) operate a membership dues-driven organization that services brokerage organizations directly.
- Industry Participants may only receive listing data from the Network in states where they have an existing brokerage or franchisee licensed to conduct its real estate-related business. In addition, Industry Participants may only receive a feed from the Network if the Industry Participant is also providing listings for other Industry Participants to display.
- The URL or the homepage of each Industry Participant website on which data from the Network is displayed must be predominately branded to the Industry Participant that owns and operates the website, and such Industry Participant must make immediately evident to consumers who visit such website that it is operated by such Industry Participant.
- The Industry Participant must take commercially reasonable steps to protect the security and privacy of the listing content received from the Network from unauthorized use, access, or disclosure.
- Except as permitted by a separate agreement in place between the applicable listing content source and the applicable Industry Participant, Network participants shall not modify, redistribute, sell or create derivative works based on or containing the content received from the Network, provided however that Network participants may utilize such content in preparing averages, indexes, and trends.
- Use of the Network does not convey or grant to any Industry Participant any interest in any listing content or any database other than a limited license to use such listing content in accordance with these Rules. Network participants shall not challenge any content source's rights to its database, data, or content.
- Industry Participants that receive data from the Network are required to agree to provide certain reporting metrics through the ListHub platform. Reporting requirements shall include, at a minimum, the below metrics, when applicable:
Search Impressions. Counts when a listing returns in the results for a relevant End User search. Search impressions shall only be counted when the listing is displayed on the search results page. Search impressions must be provided per listing with a timestamp.
Detail Impressions. Counts when an End User accesses the detail page to view more details on a specific listing. Detail impressions must be provided per listing with a timestamp.
Leads. Counts when a user contacts the Industry Participant directly from a page on Industry Participants website. Leads shall be provided per listing with a timestamp and, in the event that Industry Participant tracks both email and telephone leads, shall provide the number of email leads and the number of telephone leads separately.
These ListHub Real Estate Network Rules are subject to change.