Home > Terms and Conditions
Terms and Conditions
Listing Syndication Agreement
This Listing Syndication Agreement is made effective between Point2, a division of Yardi Canada Ltd., a Canada Corporation (“Point2”) and You (the “Recipient”) as of the first day when Point2 provides and Recipient receives and accepts certain Real Estate Listing Information that originates from the Point2 Real Estate Network.
For good and valuable consideration, the parties agree as follows:
1. License Grant
Point2 grants to Recipient a non-exclusive, limited, fully paid up license to display Information on those URL(s)/website(s) of Recipient that Point2 approves during the period that Point2 provides Recipient with an intermittent data feed of said Information. Recipient may not use this data for any other purpose. Either party may terminate this Agreement at any time by providing notice to the other party.
2. Termination
Either party may terminate this Agreement at any time by providing 30 days written notice to the other party. Sections 3. and 4. shall survive the termination of this Agreement.
3. Prohibition on Use of Personal Information
Included in the Information is the personal information of members of the Point2 Real Estate Network, including but not limited to, their email, phone number and address (the “Personal Information”). Unless otherwise agreed, Recipient shall not use this information to market to or contact any members of the Point2 Real Estate Network, nor will Recipient supply this information to any third party for any reason. This section shall not prohibit Recipient from acquiring said Personal Information from a source independent of the Information and marketing and/or contacting said members.
4. Publishing and Reselling of Personal Information
Recipient shall not display and sell the Personal Information of the members of the Point2 Real Estate Network except for the purpose of using said Information on Recipient’s web properties where real estate listing information is normally published.
5. Notification of Listing
Recipient agrees to notify Point2 of instances of unacceptable Information content or format that are undesirable to Recipient. Upon said notification, Point2 shall, within a reasonable period and at its discretion, remove or repair said instance of content or format to a level acceptable to Recipient. At no time shall said unacceptable instance of Information content or format constitute a reason for Recipient to discontinue the display of the other Information.
6. Listing Syndication Policy
Recipient acknowledges and agrees that Point2 may discontinue the feed of Information where Point2, at its sole discretion decides at any time that Recipient is not using the Information as desired by Point2. This includes, but is not limited to:
- a. Point2 determining that Recipient’s use of Information does not conform to Point2’s Listing Syndication Policy as attached.
- b. Recipient has not provided a publishing report during the prior 5 day period; or
- c. Recipient has not accessed and updated Point2’s listing feed in the prior 24 hours.
Point2 Listing Syndication Policy
Point2 provides certain real estate listing information that originates from members of the Point2 Real Estate Network (the “Information”) to other entities (“Recipient”). The following is the usage policy that Point2 has set out for Information.
1. Each real estate listing (derived from Information) displayed by Recipient will:
- a. Provide a link back to the same listing on the applicable real estate professional's website;
- b. Show the listing agent’s or broker’s branding and contact information including, but not limited to, their photo, name, a “non-scrapable” email link, phone number and a link to their Point2 Agent website;
- c. Not display the email address of the listing agent or broker; and
- d. Be used as the preference over a “scraped” instance of the same listing.
2. Recipient will not capture prospects or leads from the display of specific real estate listings derived from Information and sell them back to members of the Point2 Real Estate Network or divert any such captured prospects and leads to third parties.
3. Recipient will first use the MLS number and second the Address of specific real estate listings as unique identifiers for said listings.
4. Recipient will not scrape any websites supplied or powered by Point2 where that website provides Information to Recipient.
5. Recipient will end the display of a specific real estate listing when that listing is no longer included in the feed of Information from Point2 to Recipient.
6. Distribution of the Information by Recipient to third-party websites or other mediums is allowed where the third-party use of this Information conforms to this Policy and Point2 approves such distribution in advance in writing. However, Recipient shall not distribute to third-party websites where Point2 is distributing said Information and at any time Point2 may withdraw its approval of such distribution with 60 days notice to Recipient.
7. Recipient shall provide the names of their “bots” to Point2 and said bots shall conform to “robots.txt”
|
|
