Common use of Service Fees and Charges Clause in Contracts

Service Fees and Charges. The service charge for the Multiple Listing Service, the rental fee for each copy of the MLS Compilation and the charges for service provided by the Association to Participants and subscribers shall be in such amount as is established, from time to time, by the Board of Directors of the Association. All licensees who are employees of a Participant or who are affiliated as an independent contractor with a Participant must apply to be subscribers, unless otherwise exempt under the rules established, from time to time, by the Board of Directors of the Association. Without limiting the generality of the foregoing, if a Participant executes a Limited Office Participation Agreement with the Association, that Participant’s employees or independent contractors will not be required to become subscribers unless those employees or independent contractors actually use the Multiple Listing Service. Section 6.1 However, MLSs must provide participants the option of a no-cost waiver of MLS fees, dues, and charges for any licensee or licensed or certified appraiser who can demonstrate subscription to a different MLS or CIE where the principal broker participates. MLSs may, at their discretion, require that broker participants sign a certification for nonuse of its MLS services by their licensees, which can include penalties and termination of the waiver if violated. COMPLIANCE WITH RULES