Membership

1. I agree to abide by the terms and conditions of the Wyoming Multiple Listing Service Rules and Regulations and to fulfill all my obligations thereunder. I agree that in the event of a conflict between the provisions of this Application and the Bylaws or Rules & Regulations of the Service, it shall be the provisions of the Bylaws and Rules & Regulations, as may be amended from time to time, that shall take precedence over the provisions of this agreement. I understand Membership is personal and cannot be sold, leased, transferred, bequeathed or assigned.
2. I have received and read the Subscriber Membership Application and I will require all of my Agents to execute a Subscriber Membership Application prior to conferring any benefits of my Membership in the Service to him or her. I agree I am primarily responsible for and guarantee the performance by each of my Agents of each and every obligation under the Subscriber Membership Application. I will not share with or allow the use by any person who has not executed a Subscriber Membership Application, any of the benefits of my Membership in the Service, including, but not limited to, access to the Service’s computer systems, data and lockbox system.
3. I acknowledge that by participating in the Wyoming MLS, I am obligated to arbitrate disputes submitted by other MLS Participants and Subscribers and agree to abide by the decision.
4. I will not discuss publicly and disciplinary proceedings, grievances or controversies that may develop between the Service and its Participants.
5. I agree to comply with the Service’s Billing Policy which may subsequently be amended by the Board of Directors.
6. Term. The term of this Agreement shall commence as soon as member has executed and returned this Application to the Service, paid all fees that are due and Wyoming MLS has accepted this Application. This agreement shall continue in full force and effect until such time as member is no longer eligible to receive the Services or until such times as membership or access has been terminated in accordance with the Wyoming MLS Bylaws. Member understands that, upon termination of this agreement, his/her MLS username and password will no longer be valid and he/she will not be able to access or use the Service.
7. Limitation of Liability. The Wyoming MLS shall have no liability for inaccuracies in data input into the system. Participant understands and affirms that the Wyoming MLS has no control over the operation of the system or member’s ability to gain access to the internet. Accordingly, Participant hereby waives any and all claims which he/she has or may acquire against the Wyoming MLS with respect to any failure in the System, the operation of the System itself, Participant’s ability to gain access to the internet for any reason, or activities relating to or the providing of products or Services pursuant to this Agreement. The Wyoming MLS makes no warranties, express or implied, including but not limited of the implied warranties of merchantability or fitness for a particular purpose. All information contained with the system are made to the Participant on an “as is, as available” basis and the Wyoming MLS does not guarantee the accuracy or completeness of any such data.
8. Indemnity. Participant agrees to indemnify, defend and hold harmless the Wyoming MLS and its respective officers, directors, agents and employees from any and all claims, demands, liabilities and costs, including attorney fees, arising from the failure of Participant to comply with any of Participant’s obligations or responsibilities set forth in this Agreement. Participant expressly waives releases and agrees to hold harmless the Wyoming MLS from and against actual damages, consequential damages and lost business and any other claim arising form Participant’s use of the System. These indemnity and release agreements shall survive the termination of this Agreement.

I, Applicant, agree to the following:

1. Initial Set up Fee: The Wyoming Multiple Listing Service hereby acknowledges receipt of said fee from applicant, which represents an Initial Set up Fee deposit to be held by Wyoming MLS. In the event of violation of any provision of this agreement, the Initial Set up Fee deposit shall be forfeited to Wyoming MLS. A portion of the Initial Set up Fee deposit shall be refunded upon return of the access prior to breach of this agreement. If applicant is active and transferring from one office to another there is no fee required.
2. Lockbox Access Receipt: Applicant hereby acknowledges receipt of access credentials and it’s PIN from Wyoming MLS. (PIN – confidential code used to access lockbox functions)
3. Termination of Access: Applicant and Participant (Responsible Broker) agree to notify the Wyoming MLS of a termination request within 5 days of any of the following events:

a. Suspension or termination as an active member in good standing as a REALTOR member

b. Termination of Applicant’s association with Participant (Responsible Broker) for any reason

4. Security of Access:

Applicant agrees:

5. Inspection/Access Audit: Wyoming MLS shall have the right to inspect the access leased to Applicant at all reasonable times and places. Applicant agrees to submit the access for inspection at Wyoming MLS’s office not less than 48 hours after the receipt of notice. In addition, Applicant agrees to submit the access for inspection upon written or verbal request if Wyoming MLS believes that the integrity and security of the system is in jeopardy. A failure to comply with the terms of this paragraph shall constitute an event of default under this lease.
6. Indemnification: Applicant and Participant (Responsible Broker) covenants and agrees to indemnify and hold Wyoming MLS harmless from any and all liability, obligations, or demands against Wyoming MLS as a result of Applicant’s loss of use of the access including, but not limited to, any and all liabilities, including attorney’s fees, incurred by Wyoming MLS as a result of damage or injury to premised or persons arising out of the use by Applicant or by any other person of the access.
7. Participant’s (Responsible Broker’s) Responsibility: Participant (Responsible Broker) confirms that he/she is a Wyoming licensed real estate broker or certified appraiser and an active member of the organization named herein. Further Participant (Responsible Broker) agrees that he/she is jointly and severally liable for all duties, responsibilities, and undertakings of Applicant under this agreement, provided, however that this agreement shall not be construed to make Applicant an employee of Participant (Responsible Broker).
8. Authorization of Use on listed property: Applicant will secure authorization from the owner or tenant in possession of any property listed for sale prior to the installation and use of the lockbox access system on such property. Extreme care should be taken to ensure that all doors and the lockbox are locked.
9. Forfeiture: Failure to abide by all provisions of this lease shall result in forfeiture. Forfeiture of the Initial Set Up Fee shall be in addition to and not in lieu of any other remedy available to Wyoming MLS.