Subscriber & Access Agreement

Subscriber Agreement

to access the MLS® Data of the Chatham-Kent Association of REALTORS®

1. In making this Subscriber application I agree to abide by the Board Bylaw, MLS® Rules and Regulations, and any other policies relating to the Multiple Listing Service®, and to limit my use of the MLS® Data to authorized purposes. I understand that a copy of the Board MLS® Rules and Regulations on-line will be available to me when this application is approved, and the failure of the Board to notify me will not relieve me of the obligation of complying with these rules and regulations.
2. I understand that as a condition of being a Subscriber I must at all times hold membership as a broker or salesperson in a real estate board in Ontario that is party to the current universal data sharing agreement (UDSA) among various boards that are members of OREA, and confirm that as of this date I am a member in good standing of the Home Board shown below. I agree to notify CKAR immediately if my membership is terminated for any reason whatsoever, or if I transfer to another firm and/or board.
3. I acknowledge and agree that: MLS® Data includes any text, images or information gathered, compiled, stored or published as part of the Board Multiple Listing Service®, whether in computerized, electronic, printed or other form; MLS® Data is owned by the Board and is protected by copyright, and may not be altered or modified in any way whatsoever; MLS® Data is confidential and is provided only to assist me in representing my Principal or a specific identified customer in the trade of real property; the sale or distribution of MLS® Data in any form is prohibited; MLS® Data may not be used for the purpose of creating a book or for the population of any listing service or other database; the construction of lists containing names and/or addresses derived or assembled from referencing MLS® Data for sale or distribution is prohibited; personal computer access codes and any programs provided by the Board to access MLS® Data are for my sole use, and disclosure or sale or redistribution to anyone is prohibited.
4. I acknowledge and agree that access to and use of MLS® Data is solely at the risk of the Subscriber and in no event shall the Board be liable for any direct or indirect, special or consequential damages or any other obligation or liability arising out of, or in any way connected with, the MLS® Data or the programs provided to access the MLS® Data.
5. I understand that the Board may terminate this Subscriber Agreement without notice or explanation if, in the sole opinion of the Board, my use of its MLS® Data is unauthorized; that the termination of this Agreement does not release me from any obligation incurred or liabilities that have arisen in connection with this Agreement; and that this termination is in addition to the Board’s right to pursue other remedies against me through my Home Board, in the courts or elsewhere.
6. I understand that Article 3 of the CREA Standards of Business Practice requires that I disclose my agency representation in writing to all parties of the first point of substantial contact; that this disclosure requirement applies to vendors, purchasers and other REALTORS®; and that disclosure is required whether or not an offer is ultimately accepted.
7. I hereby consent to the Board collecting, retaining and using my personal information in this agreement for all purposes in connection with this agreement or the UDSA and making enquiries from time to time with any board of which I am a member in order to verify my membership status from time to time and I authorize any such board to provide the Board with such
   verification.
8. I understand that my access to the Board’s MLS® Data shall be limited to receiving MLS® Data as contemplated in the UDSA and does not include all on line or other services that may otherwise be available from time to time to members of the Board.

I understand that as a Subscriber I am entitled to access MLS® Data via computer, at a fee to be determined by the Board of Directors from time to time. I understand that no portion of this fee is refundable, and that the full amount of the said fee plus any applicable taxes is payable in advance to the Board and must accompany this application. I understand that my rights to any and all privileges or services as a Subscriber will not automatically lapse unless specified above. I understand that my rights to any and all privileges or services as a Subscriber automatically lapse unless they are renewed 15 days prior to the above noted expiry date, or upon the termination of my membership in my Home Board (or if my access privileges are based on my membership in a board that is a signatory to the UDSA if my Home Board is not or has ceased to be a signatory to the UDSA, the termination of my membership in such signatory board) whichever is the first to occur. If no specific period of subscriber-ship is determined above then the Board will continue billing the subscriber until otherwise instructed by the subscriber or lapse in payment occurs (please be advised that the subscriber must notify the Board of membership cancellation no later than the 15th of the month invoiced or the entire invoice will remain a debt).

I hereby subscribe to:

1. Computer Access will be granted at a cost of $225 per quarter (plus HST), to be billed in quarterly increments prior to accessing the MLS® System.
2. I will be responsible for any costs involved in accessing the Board’s MLS® Data, including but not limited to long-distance charges, internet charges or any other computer programs needed to access the MLS® Data.