Source MLS, Inc.

Suggested License Language for Implementing Source MLS

This document is provided by Source MLS, Inc. as a non-binding example of language that MLSs may wish to consider when updating their existing data license agreements with brokers, portals, vendors, or other recipients of MLS listing data.

The goal of this suggested language is to help MLSs clearly and consistently require compliance with Source MLS logo display and tracking requirements, which are necessary for the operation of the Source MLS system.

Important Note to MLSs

  • This language is not required to be adopted by any MLS.
  • This language is provided for convenience only.
  • Each MLS should make its own independent decisions regarding whether, how, and in what form to modify its license agreements.
  • MLSs are encouraged to review any proposed changes with their own legal counsel.

Source MLS does not provide legal advice and does not require MLSs to use any specific contractual language.

Why This Provision Is Needed

Source MLS relies on two core requirements in order to function as intended:

  1. Consistent display of the Source MLS logo on listing detail pages, so consumers can identify MLSs as the source of listing data; and
  2. Accurate tracking of listing detail page views, so that MLSs can:
    • Measure how their listings are displayed across platforms;
    • Receive analytics related to their own data; and
    • Support fair, pro-rata allocation of Source MLS operating costs.

Because MLSs license listing data directly to brokers, portals, and vendors, those license agreements are the most effective place to require downstream compliance with Source MLS display and tracking requirements.

Without a clear contractual obligation at the license level, MLSs may lack practical enforcement mechanisms if a recipient fails to properly display the Source MLS logo or implement the required tracking.

Suggested License Provision (Example Only)

Source MLS Display and Tracking Compliance.
Recipient agrees that, where MLS listing data includes any Source MLS, Inc. logo, URL, or tracking mechanism, Recipient must (a) display the Source MLS logo as required by Source MLS, Inc.'s Display and Usage Requirements and (b) implement the Source MLS tracking mechanism for each listing detail page view. Failure to do so constitutes a material breach of this Agreement.

How MLSs May Use This Example

An MLS may choose to:

  • Incorporate this language verbatim;
  • Modify the language to align with existing agreement structure or terminology;
  • Place similar requirements in a different section of its agreement;
  • Use alternative enforcement mechanisms consistent with its policies; or
  • Decline to adopt this language altogether.

The key concept is ensuring that recipients of MLS listing data are clearly obligated to comply with Source MLS display and tracking requirements when those requirements are included in the MLS data feed.

Questions

If MLSs have questions about how Source MLS operates or what the Display and Usage Requirements entail, they may consult Source MLS documentation or contact Source MLS directly. Questions regarding contract language should be directed to the MLS's own legal counsel.

This document is informational only and does not create any contractual obligations between Source MLS and any MLS or third party.