Section 8.1  Definition, Internet Data Exchange:  “Internet Data Exchange” or “IDX” is a means by which each CMLS Participant subscribing to the program (the “Internet Data Exchange Subscriber” or “IDXS”) permits the display of its active listings appearing in the CMLS on each other’s Internet web site.

The IDX program is currently only available for company web sites; it cannot be used in conjunction with agent web sites.

Section 8.2 Definition, Internet Data Exchange Database:  The “Internet Data Exchange Database” or “IDX Data” is the current aggregate compilation of all active exclusive listings of all IDXSs except those listings where the property seller has opted out of Internet publication by so indicating on the listing contract.

All listings of all IDXSs and only listings of IDXSs are included in the Internet Data Display Database.

Any seller who prefers may have their listing excluded from the IDX program. The listing agent must simply indicate “N” in the “Internet Y/N” field when entering the listing in the CMLS. The property will then be excluded from both the IDX and national Internet data feeds.

Section 8.3    Presumption of Participation:  Every CMLS Participant is automatically an IDXS unless the Participant chooses to “Opt-Out” by completing and submitting the “Election not to participate in the Internet Data Exchange program” form included at the end of this document. 

You need not take any action to become an IDXS.   When the program begins all active CMLS Participants will automatically be signed up.  If you become a CMLS Participant after the IDX program has begun, you will also automatically be signed up.   If you do not wish to become an IDXS just complete and submit the form, “Election not to participate in the Internet Data Exchange program,” attached at the back of the packet. 

Section 8.4   Permission to Publish the Internet Data Exchange Database on the Internet:   An IDXS may publish all or a portion of the IDX Data on the Internet in accordance with all provisions of Sections 8.1 through 8.18, inclusive, of the CMLS Rules and Regulations.  No CMLS Participant shall display or publish CMLS listings or any other CMLS data in an electronic format in any manner that does not conform to the requirements the CMLS Rules and Regulations. Unless expressly contravened by the provisions of this section, all other Rules and Regulations remain in full force and effect.

If an IDX web site displays a subset of the IDX Database it must be disclosed on the web site. See Section 8.1.5 of the IDX “Broker informational packet & technical documentation” for sample disclosures.

You need not display the whole IDX Database.  You may choose to display only a subset of the IDX Data such as; listings in a particular price range, geographical area, or property type.  You may also choose not to display the listings of certain of your competitors.

If you plan to display only a subset of the IDX Database, see Section 8.1.5 in this document regarding required disclosures.

Section 8.5   Data Which May be Published Under IDX:    With the exception of the specific address (Street Name, Street Number, Street Type and Unit Number), which may not be displayed, an Internet publication of another IDXS' listing shall not contain more (but may contain less) information than contained in the data fields listed in “Appendix C of the IDX Broker informational packet & technical documentation”.

The limited fields allowed in the display of IDX listings are set forth in Appendix C of this document. Addresses may not be displayed. Note that this limitation applies only to listings in the IDX Data that are not your own. You may display ALL information relating to your own listings. 

Section 8.6   Participant’s Qualification to be an IDXS:   In order to be an IDXS, a Participant must be actively engaged in providing real estate brokerage services to buyers or sellers in residential real estate transactions.

Section 8.7  IDX Data Must be Kept Current:  While daily updates are encouraged, the IDX Data on every IDXS web site must be updated at least once every seventy-two hours. An IDXS who chooses to update less frequently than daily must place a disclaimer on its web site’s search page indicating the update frequency. Additionally, all IDXS web sites must include a statement indicating the date of the last update similar to, “Data last updated: xx/xx/xx” on the first page displaying search results.

The CMLS strongly encourages you to update your web site with fresh IDX Data DAILY.  In the event you choose to update less frequently than daily, you must place a disclaimer on your web site indicating the frequency of update and the last update date.  See Section 8.1.6 in this document for a sample disclosure of this type.

Section 8.8   Prohibition on Modification of IDX Data:   An IDXS may not modify or manipulate the data relating to another IDXS’ listing. (This is not a limitation on the design of the site but refers to the actual data.)

You can do anything you want to (consistent with the Code of Ethics and applicable law) data relating to your own listings.  You can do with other brokers' listings only what these rules permit you to do.  You are strictly prohibited from modifying the IDX Data from another IDXS.  This could conceivably include displaying other data alongside the other IDXS' data.  For example, if you geocode the listings on your site, and then tie demographic or other data to them, you will want to be cautious about displaying such data on the same screen as another IDXS' listing.  You should make efforts to distinguish the data you have supplied from the IDX Data. Segregating such data "geographically" on the screen or including a credit on the non-IDX data (such as "Demographic data courtesy of ABC Title Company") would be ways to accomplish this.

Section 8.9    Identifying IDX Listings:  Any web site containing IDX Data must prominently display, on the first page containing any listing data, (a.) a clear explanation that certain listings are provided courtesy of the CMLS IDX program and (b.) how these IDX listings will be identified. This is necessary to help insure anyone visiting an IDX web site be clearly informed that the host of the IDX web site is not the listing agent for all of the displayed properties.

While the CMLS will allow the IDXS reasonable latitude in how this explanation must be worded, formatted and displayed, the CMLS shall have the authority to determine if a web site containing IDX Data is in compliance with the intent of this regulation.  As a “safe harbor”, the following disclosure language, appearing alongside an “IDX Detail Logo” that is at least 105 pixels wide by 35 pixels high will satisfy this requirement:

“The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program of the Consolidated Multiple Listing Service, Inc.  Real estate listings held by brokerage firms other than [insert your firm’s name here] are marked with either the “IDX Detail Logo” or the “IDX Thumbnail Logo” (a little black house surrounding the letters “IDX”) and detailed information about them includes the name of the listing broker.”

See Appendix D of this document for a reproduction of the “IDX Detail Logo”, a sample of an appropriate usage of the logo and a disclosure statement that meets the requirement of this section. 

Note that this disclosure must appear on the FIRST page on which any listing Data is displayed.

Note: Both the “IDX Detail Logo” and the “IDX Thumbnail Logo” are available for download from CMLS web site at www.ct-mls.com.

Section 8.10  Identifying IDX Listings on Thumbnail Displays:  Any search result identifying another IDXS’ listing in a brief or "thumbnail" format shall clearly identify each listing coming from IDX Data.   While the CMLS allows reasonable latitude in how this identification must be displayed, the CMLS shall have the authority to determine if the identification is in compliance with the intent of this regulation.  As a “safe harbor”, including an “IDX Detail Logo” (at least 105 pixels wide by 35 pixels high) or the “IDX Thumbnail Logo”  (at least 35 pixels wide by 35 pixels high) immediately adjacent to the property information to identify the listing, as a CMLS IDX listing will satisfy this requirement.

See Appendix D of this document for a sample of a brief or thumbnail listing using the “IDX Thumbnail Logo” that meets “safe harbor” requirements. 

Section 8.11  Limitation on Data Allowed in Thumbnail Displays:

(1.) A thumbnail display of another IDXS’ listing may include no more than two horizontal lines of text and/or a single photograph no more than 150 pixels high along with “buttons” providing links for additional information.   (2.) A thumbnail display of another IDXS’ listing may not include any contact information or branding of the IDXS who owns the web site or any of its agents.   (3.) A thumbnail display of another IDXS’ listing must also meet the requirements set out in Section 8.10 of these Rules and Regulations.

The CMLS interprets a thumbnail display as being no more than two horizontal lines of text and/or a single photograph no more than 150 pixels high. Displays of more text, larger photos or multiple photos are considered “Detailed” displays and must meet the requirements of Section 8.12 of the Rules and Regulations.

The provision relating to “contact information or branding” prevents office and agent information of the web-site-owning IDXS from appearing on another IDXS’ listings.

“Branding” refers to any marks or language referring to the web-site-owning IDXS repeated in the thumbnail display of another IDXS’ listing.  Any association of such information or branding with the listing data is a violation of this rule.

Section 8.12  Limitation on Data Allowed in Detailed Displays: 

(1.) A search result producing a detailed display of another IDXS’ listing shall bear that IDXS’ name, the “IDX Detail Logo”, and the CMLS Copyright Notice (either Option A or B) immediately following the property information.  

Option A:  “Copyright nnnn Consolidated Multiple Listing Service, Inc.  All rights reserved.”  [Where nnnn is the current year.]

Option B:  “Ó nnnn Consolidated Multiple Listing Service, Inc.  All rights reserved.”  [Where nnnn is the current year.]

Note, you may not substitute a “c” in parentheses – “(c)” – for the copyright symbol – “©.”  If your web site cannot display the copyright symbol, you must use Option A and spell out the word “Copyright.”

(2.) A detailed display of another IDXS’ listing may not include any contact information or branding of the IDXS who owns the web site or any of it’s agents within the “body” of the listing data. The “body” is defined as an imaginary rectangular box whose borders are delimited by the utmost extent in each direction of the listing text and photo data. 

(3.) Any search result identifying another IDXS’ listing shall include the disclaimer that conveys the essence of the following terminology: “Information Deemed Reliable But Not Guaranteed.”

(4.) The Listing’s IDXS name and CMLS Copyright Notice shall be at least as large as the largest type size used to display the listing data. The CMLS Copyright Notice must appear exactly as in one of these two options listed above.

The CMLS interprets any display containing more than two horizontal lines of text display or displaying more than a single photo of more than 150 pixels height as being a detailed display. 

The “IDX Detail Logo” is available for download from CMLS’ web site at www.ct-mls.com.

(2.) The prohibition on branding or contact information within the “body” of the listing data is intended to prevent any possible confusion on the part of the consumer as to the source of the listing.

(3.) In practice, you may want to display this type of disclaimer on your own listings as well, unless your legal counsel advises otherwise.  See Section 8.1.2 of this document for samples of acceptable alternative disclaimers. 

Section 8.13  Identification and Control of IDXS Web Sites:   Any Internet web site used for publication of the IDX Data or any portion thereof must be controlled by a single IDXS and advertised as that IDXS’ Internet web site.

Nothing presented on a web site containing IDX Data should jeopardize the goodwill of the CMLS or the listing broker.

This is an important limitation on third parties who develop, build, host or maintain IDX sites for brokers.  In order to participate in IDX, a site must be marketed and branded as a broker's site.  Consider this scenario: A company, "GopherRealtyOnline.com" (GRO) provides promotional services for brokers.  You and two other brokers are IDXSs and you all want GRO to build your web sites.  It does so.  So long as the web sites are most prominently identified with the individual brokerage firms, it's fine for GRO to have a notice at the bottom of every page that says "Powered by GopherRealtyOnline.com."  But GRO must not "brand" any of these web sites in such a way as to suggest that GRO controls it.  For example, a big banner across the top of the page with GRO’s name is a problem, even if it identifies your brokerage underneath.

Obviously web sites containing IDX Data should never jeopardize the goodwill of the CMLS or other IDXSs. For example, advertising an obscene web site on a web site containing IDX Data would cause termination of the IDX Data feed..

Section 8.14   Requirement of an IDXS to Avoid “Scraping”:  An IDXS displaying IDX Data 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. Reasonable efforts shall include but not be limited to:

            (a.) Monitoring the web site for signs that a third party is “scraping” data and

            (b.) Prominently posting notice that any use of search facilities of data on the site, other than by a consumer looking to purchase real state, is prohibited.

If an IDXS suspects “scraping” of the data has occurred, the suspicion and any evidence must be reported to the CMLS immediately for investigation and action.

“Scraping” is a term used to describe the unauthorized obtaining of significant amounts of data from a web site.

This section places a burden on you and your web site host to monitor your web site.  If it appears that a large number of hits is coming from a particular domain on the web and that these hits may be the result of an automated process designed to gather or "scrape" data from your web site for use somewhere else, you must notify the CMLS.

Section 8.15   Limitation on the Use of the Internet Data Exchange Database: No portion of the IDX Data shall be used by, or provided to, anyone other than consumers desiring to purchase real estate. This restriction, together with a restriction on the reproduction of IDX Data, shall be included in the “Terms and Conditions of Use Agreement” for all IDXS web sites.

This section expressly prohibits distribution of the IDX Data or any portion of it for ANY purpose other than those expressly permitted by the CMLS Rules and Regulations.  This includes distribution to other IDXSs.  In other words, a brokerage firm cannot sell or give access to the IDX Data to other brokers or any other businesses, whether or not they are participants in the CMLS.

Section 8.16      Displaying a “Terms and Conditions of Use Agreement”  Any Internet web site used for publication of IDX Data or any portion thereof must include a “Terms and Conditions of Use Agreement” accessible either directly on or as a hyperlink from the first page on which listing data is displayed.  As a minimum, the “Terms and Conditions of Use Agreement” shall incorporate the language included in the sample  “Terms and Conditions of Use Agreement” in “Section 8.1.4 of the IDX Broker informational packet & technical documentation”.

The “Terms and Conditions of Use Agreement” helps insure use of IDX data is limited to its intended purposes.

Section 8.17  Requirement To Have All Agreements With Third Party Web Site Designers and Developers in Writing:  Any IDXS using a third party to develop, design, host or maintain its web site must have that third party fully execute the standard “Agreement to Access the Internet Data Exchange Data Feed” contract as provided by the CMLS.

The CMLS requires that third parties desiring to gain access to the IDX Data sign the standard “Agreement to Access the Internet Data Exchange Data Feed” contract attached to this document. Providing a CMLS password to an unauthorized recipient is a serious violation of the CMLS’ Rules and Regulations, punishable by a fine and possible interruption of MLS privileges.

Section 8.18    Requirement to Cure Violations:  An IDXS must make any and all changes to their Internet site necessary to cure a violation of CMLS Rules and Regulations within five business days of notice from CMLS of a violation.  If an IDXS fails to comply with this requirement the CMLS reserves the right to discontinue the IDXS’ IDX Data feed, without any further notice.  The IDXS may also be subject to fines from the CMLS.

You must make corrections to your web site if CMLS determines that it is in violation on some point.  The CMLS reserves the right to discontinue the data feed you receive without further notice if you do not comply with this requirement.  You may also be subject to fines from the CMLS.