PARTICIPANT AGREEMENT

pdf MLS Participant Agreement (88 KB) (Dowload PDF)

The MLS has updated the Participant Agreement for access to the CATRS MLS. All Participants must complete this new agreement to be authorized to utilize the system. The purpose of the agreement is to protect the Participants, subscribers, Capital Area Technology & REALTOR® Services (CATRS), and the Tallahassee Board of REALTORS® (TBR) from liability and to clearly communicate the definitions, obligations, fees, and term of the agreement.

All users of the MLS will be required to agree to the terms electronically through Form Simplicity beginning August 1, 2019. Participants that have not agreed to the new terms by October 11, 2019 will have their office access (for all agents) suspended until the Participant Agreement is completed.

Additionally, Participants will decide how intellectual property is handled. You must select either option 1 or 2 on page two of the agreement.

  • Option 1 assigns to CATRS ownership of all copyrightable material posted in the MLS (pictures, remarks, videos, free form text) and in exchange CATRS grants back to the Participant a non-exclusive perpetual license to use, including sub-license to others. In addition, CATRS will make quarterly registrations with the US Copyright office and employ reasonable efforts to defend improper use of said intellectual property.
  • Option 2 Participant grants CATRS a non-exclusive perpetual license to use, including sub-license to others. CATRS has no obligation to protect and/or defend improper use of said intellectual property. Nor will CATRS make any effort to register the copyrights of the Intellectual Property. Participants will be responsible for all costs and efforts associated with registration; and further understands the timely copyright registration is a prerequisite to suing a copyright infringer. 
Participant: The individual responsible for the firm’s conduct under CATRS Policies. The designated broker and/or broker/owner of the firm.
Subsbriber: All users of the MLS are subscribers to the system. Additionally, each office has a designated broker that is the Participant in the system.
A document will be available on your Form Simplicity account at www.FloridaREALTORS.org. The document may be agreed to by electronic signature or printed and sent to the CATRS office for processing.
Yes, if you wish to participate in the CATRS MLS.
All agents, including the Participant, will be required to agree to the subscriber agreement through a clickthrough on the MLS.
No, all features are still available; once you agree, the entire system will continue to be available to you.
a. That the Firm Participant is responsible for the editorial content of the listings.
b. That the Firm Participant will keep a current roster of agents on file with the MLS.
c. That listings will be complete and accurate when they are entered.
d. That the Firm Participants will pay all required fees on time.
Appraisers are also considered Participants in the MLS, even if they do not perform brokerage services.
Copyright is the legal claim to unique works that have been created. This can include, music, art, manuscripts, etc. The MLS is seeking to use copyright laws as a tool that can provide protection from unauthorized use of the MLS database.
The main difference between option 1 and option 2 for copyright would be a scenario in which the broker selected option 1; under this scenario, CATRS would be able to defend the copyright or MLS compilation for the broker in which there was an egregious copyright violation. This is permissible since the broker had assigned the copyright to CATRS. If the broker selects option two, CATRS would be unable to assist.

 

SUBSCRIBER AGREEMENT

pdf MLS Subscriber Agreement (57 KB) (Download PDF)

The MLS has not previously had a subscriber agreement with the agents that are authorized to utilize the system. The purpose of the agreement is to protect the users, Capital Area Technology & REALTOR® Services, and the Tallahassee Board of REALTORS® from liability and to clearly communicate the definitions, obligations, fees, and term of the agreement. All users of the MLS will be required to agree to the terms in a click-through process upon logging into the system beginning August 1, 2019. 

All users of the MLS are subscribers to the system. Additionally, each office has a designated broker that is the Participant in the system.
Yes, if you wish to utilize the CATRS MLS.
No, all features are still available; once you agree, the entire system will continue to be available to you.
Participants (main brokers) will have an additional agreement that will be signed through Form Simplicity. Once available, Participants will be contacted separately.