REVISED NWMLS DATA USE POLICY AND RULES


1. DATA ACCESS AND USE

a. Use. NWMLS will transfer portions of NWMLS's database (the "Available Database") to Members so wishing and agreeing to abide by NWMLS Rules and Data Use Policy. Members may republish all or a portion of the "Website Fields" identified in Exhibit A on Members´ websites established and maintained in compliance with NWMLS Rules and this Policy. Members may also use the Available Database for internal purposes such as the Member's accounting, statistical and auto-populating applications, only for use by Members and Member's subscribers and for no other purpose.

b. Control. The Available Database must be under the Member's control at all times, including when a Member has contracted with a third party consultant to process the data (e.g. vendors, web designers, internet service providers, etc.). If a Member is a franchisee as defined by RCW 19.100.010, the Member may authorize its franchisor to republish the approved Website Fields on a website that is controlled by the franchisor, which shall not be considered "co-branding." The Member is responsible for ensuring that the franchisor's republication of the Website Fields is in compliance with NWMLS Rules and Data Use Policy.

2. INTERNET PUBLICATION

a. Branding. A Member's website that displays all or a portion of the Website Fields must prominently identify the Member's company on every viewable page and must be held out to the public as the Member´s website. If a Member "co-brands" its website with a third party, the branding of the Member´s company must be as conspicuous as the third party´s branding.

b. Subscriber Display. With the Member´s permission, a subscriber may maintain a website that displays the Website Fields or frames the Website Fields from the Member´s website and includes information about the subscriber. A subscriber´s website that displays the Website Fields must comply with NWMLS Rules and the Data Use Policy.

i. Member Branding. A subscriber´s website must prominently display the Member's company banner, logo, or name on every page that displays the Website Fields. If the subscriber "co-brands" its website with a third party, the identity of the Member´s company must be as conspicuous as the third party´s branding.

ii. Agreement. In order to display any Website Fields, a subscriber must sign an agreement with the Member, which includes the subscriber's commitment to abide by NWMLS's Data Use Policy to the same extent as

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the Member, which agreement will be provided to NWMLS on request. The agreement shall include a 30 day right of cancellation for NWMLS.

iii. Member Responsible. Each Member is responsible for ensuring that its subscribers´ websites comply with NWMLS Rules and Data Use Policy.

c. Internal/Other Use. All websites or applications displaying or using any Website Field maintained by a Member must comply with NWMLS Rules and Data Use Policy.

d. Attribution to NWMLS. Listing summary and detail descriptions of properties, including any Public Open House data, must identify all listings, other than the Member's own listings, as NWMLS listings by displaying the "three tree" icon or an explanation that the listing is provided courtesy of NWMLS. The icon or explanation must appear immediately adjacent to the property information and shall be at least as large as the type size used to describe the property. If the three tree icon is displayed, an explanation that the icon refers to a NWMLS listing must appear on the first page where such listing summary or detail descriptions are displayed. The type size used for the explanation shall be at least as large as the type size used to describe the property.

e. Attribution to Listing Company.

i. Attribution. The detailed display of another Member's listing must include the name of the listing company adjacent to the "Primary Photograph" or group of prominent photographs in a type size that is at least as large as the type size used to describe the property. The detailed display of another Member's listing shall include a statement disclaiming liability for inaccuracies in the data as follows: "Disclaimer: The information contained in this listing has not been verified by [insert Member company name] and should be verified by the buyer."

ii. Co-Branded Websites. If a Member "co-brands" its website with a non-affiliated third party, the summary display and the detailed display of another Member´s listing must include the name of the listing company in a size that is at least as large as the size of the third party´s branding.

f. Augmenting NWMLS Data. A Member displaying NWMLS´s Website Fields may augment that display with additional, non-NWMLS content. However, the Member must clearly distinguish and separate the NWMLS Website Fields from any additional non-NWMLS data displayed on the same site. The Member´s website must also clearly identify the source of the non-NWMLS data.

g. Seller Choice. A Member´s website that displays any Website Field must comply with the following seller requirements. If a seller elects not to have

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certain data displayed, no Member may display the data, link to the data from the listing, link to the listing from the data, or otherwise subvert the seller´s election.

i. Internet Display. Listings for which the seller does not want to be displayed on the Internet, must not be displayed.

ii. Address Display. Listings for which the seller does not want the property address displayed, must not display the property address.

iii. Map Display. Listings for which the seller does not want a map showing the location of the property, must not display the map.

iv. AVM Display. Listings for which the seller does not want an automated valuation model ("AVM") displayed (i.e. an estimate of the property value), must not display an AVM.

v. Blog Display. Listings for which the seller does not want a blog displayed, must not display a blog.

h. Member Blogs. Members may host blogs on their websites that display the Website Fields. Blogs may discuss specific listings only if the seller has opted to allow such blogging via the NWMLS listing agreement. A blog may allow commentary from the Member, other Members, subscribers, and the public. If a Member hosts blogs discussing specific listings, the Member´s site must comply with the following:

i. The Member must maintain and prominently display on the blog an e-mail address dedicated solely to receiving comments about the accuracy of any data or information displayed in the blog. The Member must actively monitor all incoming e-mails sent to the dedicated e-mail address.

ii. The Member must promptly correct or remove any false or inaccurate information related to a listing upon receipt of communication from the listing member or listing agent explaining why the information is false or inaccurate. The Member shall not be required to remove or correct any information that reflects good faith opinion, advice, or professional judgment.

iii. The Member shall not allow profane or obscene content and shall promptly remove such content from a blog.

i. Property Types. The Property Types currently available for public display are Residential, Condominium, Vacant Land, Manufactured Homes, Multi Family, Commercial/Industrial, Business Opportunity, Rental, and Farm and Ranch.

j. Statuses. The property statuses available for public display are Active, Contingent, Sold, Pending, Pending Inspection, Pending Feasibility, and Pending BU Requested. The display of listings in any property status other than Active must prominently identify the status of the listing. This includes Contingent, Sold, Pending, Pending Inspection, Pending Feasibility, and Pending BU Requested ("Non-Active Listings"). Detail descriptions, listing summary, and map display of Non-Active Listings must clearly distinguish Non-Active Listings

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from Active listings by the use of distinct and conspicuous text, colors, or graphics. Listings in the "Pending BU Requested" status must describe the listings' status as "Pending ? Backup Offer Requested." The display of each separate status is optional.

k. Display of Sold Data. Members may display certain sold content on their websites (i.e., those sales that have closed and have been reported as sold in NWMLS´s database), including those designated "No Internet Advertising" when they were active. Like other statuses, Members may display all of the information provided in the Website Fields, except they shall not display the following information for sold listings: legal description; driving directions; marketing remarks; list price; name and contact information of the listing office or the selling office; additional photos; or any other information that NWMLS determines may not be displayed from time to time. No Member shall display any sold content that is more than three years old (although Members may display less than three years of sold content, in their discretion).

l. Updating. The Website Fields displayed on a public website shall be updated at least daily.

m. No Discrimination in Publication. A Member´s website that displays NWMLS data must display the data based upon objective search criteria only and may not exclude listings or Website Fields on a subjective or arbitrary basis. However, a Member may "feature" its own listings and other Member´s listings that the Member has written permission to advertise.

n. No Modification. A Member may not modify or manipulate another Member's listing data or Public Open House data, but may augment that data subject to this Data Use Policy.

o. Listing Price History. Listing price history for the current listing may be displayed.

p. Property Price History. Property price history for the property, including prior listings, may be displayed.

q. Market Time. "DOM" field may be displayed only if the "CDOM" field is also displayed. A display of DOM and CDOM must include the following definitions and note in a legible font either directly below the data or by using an asterisk or other symbol that directs the user to the definitions.

i. Days on Market (DOM) is calculated from the listing date of the current listing. Time off market, including time when a sale is pending, is not included.

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ii. Cumulative Days on Market (CDOM) is the sum of all DOM that is uninterrupted by a sale or more than 90 days off-market. Time off market, including time when a sale is pending, is not included.

iii. NOTE: For new construction, DOM and CDOM may include market time prior to completion.

r. No Scraping. A Member republishing another Member's listings shall take reasonable efforts to prevent "scraping" of the Website Fields and the display of that data on another, unapproved website and may not link directly to NWMLS's photo database. This does not prohibit a Member from allowing the Website Fields to be "indexed" for search engine optimization, so long as the Website Fields are not repurposed or otherwise misappropriated.

s. Correction of Violations. Unless otherwise stated in a notice of a violation of the Data Use Policy from NWMLS, noted corrections must be accomplished within ten days of the date of the notice.

3. PROHIBITED USES

a. Use of Proprietary NWMLS Information to Solicit Extraneous Business Opportunities Prohibited. No person receiving the Available Database may market a product or service that uses any NWMLS data to subscribers that are not licensed to the Member receiving the Available Database. Unless a Member first obtains the listing Member´s permission, no Member shall utilize proprietary NWMLS information to identify and contact an owner or seller to solicit business or promote the business interests of the member or a third party except as reasonably necessary or appropriate to accomplish the transaction sought by the owner or seller in the listing agreement.

b. Disclosing Proprietary NWMLS Written Material to Non-Members Prohibited. No Member shall give any material received from or through NWMLS, or any information derived, extracted or compiled, in whole or in part, from written material of the Available Database from NWMLS to any non-member (including buyers, sellers and financing institutions) except in connection with soliciting or obtaining listings, offers and financing or appraisal or closing of a sale. Notwithstanding the foregoing, this section should not be construed to prohibit the republication of all or a portion of the NWMLS Website Fields on the Internet consistent with this Data Use Policy.

4. DATA ACCESS AND USE AGREEMENT

a. Written Agreement Required. Members or any third party shall not electronically receive information from the Available Database, for any reason, including republishing on the Internet, without signing a current NWMLS Data Access and Use Agreement

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b. Data Access and Use Agreement. The Data Access and Use Agreement, to be used for Internet display of the Website Fields and Member´s internal use of the Available Database, shall include, without limitation, the following provisions:

i. Joinder of Vendor. Any third party computer expert, consultant, vendor, Internet service provider (collectively "Vendor") advising or assisting the Member in the transfer also signs the Agreement.

ii. Redistribution Prohibited. Member and Vendor shall not redistribute, disseminate, or provide NWMLS data or access to the data to any third party (except to the extent that information is republished on the Internet consistent with NWMLS Data Use Policy).

iii. NWMLS Data Use Policy and Rules Continue to Apply. All NWMLS´ Bylaws, Rules, and this Data Use Policy continue to apply to such information even though it may be processed by the Member´s own computer or Vendor´s computer (as opposed to an on-line terminal) and in a format different than it appears on NWMLS´s online system.

iv. Vendor Has No Rights to Data. Vendor has no rights whatsoever in NWMLS´s data and the agreement creates no third party beneficiary rights in Vendor.

v. NWMLS May Terminate At Any Time. NWMLS shall have the right at any time and in NWMLS´s sole discretion to terminate the Member´s right to the Available Database, upon written notice to the Member. Delivery of such written notice to the Member shall constitute delivery of said written notice to the Vendor.

vi. Delivery of Information to NWMLS Upon Written Termination of Membership. Upon termination of membership, a Member shall either deliver all portions of information theretofore transferred from the Available Database by the Member to NWMLS, or, if NWMLS approves the delivery in writing, to another Member of NWMLS.

vii. Transfer by Process Defined by NWMLS Only. The process and procedure for transferring NWMLS´s data shall be by such equipment and procedure as may be determined by NWMLS from time to time in its sole discretion.

viii. Fee. NWMLS may charge a fee to the party processing the data in an amount determined by NWMLS from time to time.

5. DATA TRANSFER PROCESS

a. Set-up. After the execution of a Data Access and Use Agreement by the Member and the Member´s Vendor, NWMLS technical staff will communicate with the Member or the Member´s Vendor to establish the transfer of data.

b. Process. The process and procedure for transferring NWMLS´s data shall be by such equipment and procedure as may be determined by NWMLS from time to time in its sole discretion.

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6. PUBLIC OPEN HOUSE DATA

a. Participation. Unless a Member elects, in writing, not to participate in the Public Open House service, (i) the Member may input Public Open Houses; provided, however, that a licensee shall be in attendance at all open houses input into NWMLS's database; and (ii) a Member may also receive the Public Open House data for Internet republication.

b. Non-participation. If a Member elects not to participate in the Public Open House service, the Member may not input or republish Public Open House data.

c. Display. Republication of Public Open House data may be limited by county, but shall include a display of all of the data provided by NWMLS for selected counties. When displaying Public Open House data, all open houses shall appear in the same font and style; provided, however, that a Member may display its open houses first, followed by all others. If a Member publishes any Public Open House data received or obtained from NWMLS on the Internet, the Member may not publish on the Internet public open houses that were not obtained or received from NWMLS, including the Member's own open houses. Republication of Public Open House data shall otherwise abide by NWMLS's Rules and Policies for republication of the Website Fields.

7. OWNERSHIP OF NWMLS DATABASE

a. Access. Members shall not permit unlicensed persons associated with the Member to access NWMLS´s database except:

i. At the Member´s office; or

ii. At a licensee´s home, and then only when the computer or terminal is being operated under the supervision and control of a licensee associated with the Member.

b. Ownership. All aspects of NWMLS´s database are owned by NWMLS. NWMLS is the sole owner of all copyrights in the database. Any grant of use of any portion of the database to a Member, associate Member or subscriber does not constitute a conveyance of any attribute of ownership of the database or the copyrights therein. The rights of Members, associate Members and subscribers in the database shall be limited to a non-exclusive license to use portions of the database strictly in accordance with the terms of NWMLS´ Bylaws, Rules and Policies as they exist or may be amended from time to time. NWMLS grants no right to sell, loan, distribute, lease, rent, or display, add to, subtract from, modify, alter, restructure, reorganize or otherwise manipulate all or any portion of the database. Notwithstanding the foregoing, nothing in this section should be interpreted to require a transfer of a Member´s ownership of that Member´s own listings, which are and shall remain the property of that Member.

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EXHIBIT A to DATA USE POLICY

Approved Website Fields

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REVISISED DATA USE RULES

Rule 27. Data Use Policy.

a. Members may receive and display portions of NWMLS´s database pursuant to the then current NWMLS Data Use Policy. Members have no vested right to the continuation of such policy which may be amended from time to time in the discretion of NWMLS.

b. A violation of NWMLS´s Data Use Policy is a violation of this Rule 27.

27. Republication of Website Fields by Members on Internet Permitted

A member may receive up to three downloads of NWMLS "Website Fields," including Public Open House data and may republish all or a portion of the Website Fields as further defined and described by NWMLS´s then current Database Download Policy published on the Discover Site. Any republication of the Website Fields shall also be in accordance with the following provisions and in keeping with NWMLS other rules and policies that NWMLS may adopt from time to time.

(a) "DOM" field may be displayed only if the "CDOM" field is also displayed and both fields are accurately maintained in accordance with NWMLS´s established protocol. The information on the site shall be updated at least daily.

(b) Unless a member elects, in writing, not to participate in the Public Open House service, (i) the member may input Public Open Houses; provided, however, that a licensed agent shall be in attendance at all open houses input into NWMLS´s database; and (ii) a member may also receive the Public Open House data for Internet republication as part of the broker download. If a member elects not to participate in the Public Open House service, the member may not input or republish Public Open House data. Republication of Public Open House data may be limited by county but shall include a display of all of the data provided by NWMLS for selected counties. When displaying Public Open House data, all open houses shall appear in the same font and style; provided, however, that a member may display its open houses first, followed by all others. If a member publishes any Public Open House received or obtained from NWMLS on the Internet, the member may not publish on the Internet Public Open Houses that were not obtained or received from NWMLS, including the member´s own open houses. Republication of Public Open Houses shall otherwise be governed by NWMLS´s rules and policies for republication of NWMLS´s database.

(c) A member may not modify or manipulate another member´s listing or Public Open House data.

(d) Any search result identifying another member´s Public Open House or listing in a brief or "thumbnail" listing shall bear a replication of the NWMLS "three trees" icon, immediately adjacent to the property information to identify the listing as an NWMLS listing. An explanation that properties marked with the icon refer to NWMLS listings must appear on the first page where such listings are displayed. The icon and the explanation shall be at least as large as the type used to describe the property. A search result producing a detailed display of another member´s listing shall bear the listing company´s name immediately following the property information. The size and type shall 10

be at least as large as the type used for the listing office name on the NWMLS web site. Any result identifying another member´s listing shall include a disclaimer disclaiming liability for inaccuracies in the data. The disclaimer shall be in a form approved by NWMLS.

(e) All listings of all members are eligible for internet publication unless the owner has opted out of Internet publication by so indicating on NWMLS´s listing agreement.

(f) Any Internet site used by a member for publication of NWMLS´s data must be controlled by the member and advertised as that member´s Internet site.

(g) A member republishing another member´s listings shall take reasonable efforts to avoid "scraping" of the data and displaying of that data on another, unapproved web site and may not link directly to NWMLS´s photo database.

(h) Changes to an Internet site necessary to cure a violation of NWMLS´s Rules must be accomplished within ten days of notice from NWMLS of the violation.

28. Subscribers May "Frame" Members´ Sites

Subscribers may not republish NWMLS data on the Internet, however, a member may allow a subscriber licensed to that member to "frame" or "gateway" to the member´s site, (including Public Open Houses) from the subscriber´s site if, and only if:

(a) The member is contributing its listings for Internet publication by other members;

(b) The member´s site is in compliance with NWMLS Rules and policies and contains data from downloads of NWMLS´s data only;

(c) The subscriber´s site includes the member´s banner on every page, (though a member may allow a subscriber to "co-brand" the site); and

(d) The subscriber has signed an agreement with the member, which includes the subscriber´s commitment to abide by NWMLS´s Internet Rules and policies to the same extent as the member, which agreement will be provided to NWMLS on request.

183. Transmitting Proprietary NWMLS Information to Non-Members.

(a) NWMLS Data. A member may provide any identified potential or existing client or customer any non-confidential information about a property in the NWMLS database. "Confidential information," which shall not be provided to any non-member, includes the following data: owner name, owner phone area, owner phone number, occupant name, occupant type, phone to show area, phone to show number, agent only remarks, selling office commission, selling office commission remarks, owner city and state, and showing information. However, if the client or customer has expressed a specific, legitimate interest in purchasing an identified listed property, a member may provide to the client or customer the owner name and the selling office commission.

NWMLS Client Handout. A member may give an identified potential or existing client or customer information formatted by NWMLS for client handouts.

(b) Disclosing Proprietary NWMLS Written Material Prohibited. No member shall give:

(i) Any material received from or through NWMLS, or 11

(ii) any information derived, extracted or compiled, in whole or in part, from written material received from NWMLS to any non-member (including buyers, sellers and financing institutions) except in connection with soliciting or obtaining listings, offers and financing or appraisal or closing of a sale. This prohibition on disclosing written materials and extracts therefrom includes, but is not limited to moving companies, welcome wagons, insurance agents, referral services, milk deliveries and real estate trade publications.

(iii) Notwithstanding the foregoing, nothing in this Rule should be construed to prohibit the republication of all or a portion of NWMLS´s database on the Internet consistent with NWMLS Rules and policies.

(c) Use of Proprietary NWMLS Information to Solicit Extraneous Business Opportunities Prohibited. Unless a member first obtains the listing member´s permission, no member shall utilize proprietary NWMLS information to identify and contact an owner or seller to solicit business or promote the business interests of the member or a third party except as reasonably necessary or appropriate to accomplish the transaction sought by the owner or seller in the listing agreement.

191. RESERVEDWritten Agreement Required for Member to Download NWMLS´s Database.

Members shall not electronically transfer information from NWMLS´s database to the member´s own database (download) for any purpose, including republishing on the internet, without signing a NWMLS Downloading Agreement. The Agreement shall include, without limitation, the following provisions:

(a) Joinder of Computer Consultant or Internet Service Provider. That any third party computer expert or consultant or Internet service provider (collectively "Consultant") advising or assisting the member in the transfer also signs the Agreement.

(b) Information To Be Retained By Member. That the member retains all of the information from NWMLS´s database, which has been so transferred (except to the extent that information is republished on the Internet consistent with NWMLS Rules and policies).

(c) NWMLS Rules Continue to Apply. That all NWMLS´ Bylaws and Rules continue to apply to such information even though it may be processed by the member´s own computer (as opposed to an on-line terminal) and in a format different than it appears on NWMLS´s online system.

(d) Consultant Retains No Part of Information Obtained From NWMLS´s Database. That Consultant does not take any information whatsoever from NWMLS´s database from the member´s possession or control, either during the time Consultant is performing services for the member or thereafter.

(e) NWMLS May Terminate At Any Time. That NWMLS shall have the right at any time and in NWMLS´s sole discretion to terminate the member´s right to so transfer information (download) forthwith, upon written notice to the member. Delivery of such written notice to the member shall constitute delivery of said written notice to the consultant. 12

(f) Delivery of Information to NWMLS Upon Written Termination of Membership. That upon termination of membership, a member shall either deliver all portions of information theretofore transferred from NWMLS´s database (downloaded) by the member to NWMLS, or, if NWMLS approves the delivery in writing, to another member of NWMLS.

(g) Transfer by Process Defined by NWMLS Only. The process and procedure for downloading shall be by such equipment and procedure as may be determined by NWMLS from time to time in its sole discretion.

192. Ownership of NWMLS´ Database and Listing Photographs

(a) Members shall not permit unlicensed persons associated with the member to operate any computer or terminal connected on-line to NWMLS´ database except:

(i) At the broker´s office; or

(ii) at a sales agent´s home, and then only when the computer or terminal is being operated under the supervision and control of a licensee associated with the member.

(b) A member may permit an unlicensed Consultant to have access to the database on a computer or terminal connected to NWMLS´s database for the purpose of downloading or providing the member with internet services so long as the Consultant has signed a NWMLS Downloading Agreement and the member remains responsible for the Consultant´s compliance with that agreement and NWMLS Bylaws, Rules and policies.

(c) All aspects of the database is owned by NWMLS. NWMLS is the sole owner of all copyrights in the database. Any grant of use of any portion of the database to a member, associate member or subscriber does not constitute a conveyance of any attribute of ownership of the database or the copyrights therein. The rights of members, associate members and subscribers in the database shall be limited to a non-exclusive license to use portions of the database strictly in accordance with the terms of NWMLS´ Bylaws, Rules and policies as they exist or may be amended from time to time. NWMLS grants no right to sell, loan, lease, rent, or display, add to, subtract from, modify, alter, restructure, reorganize or otherwise manipulate all or any portion of the database. Notwithstanding the foregoing, nothing in this Rule should be interpreted to require a transfer of a member´s ownership of that member´s own listings, which are and shall remain the property of that member.

[Note: listing photograph provisions of Rule 192 will remain]



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