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Marketing Activity Newsletter Agreement
In an effort to allow Brokers/Participants to advertise another Broker/Participant's listings and still comply with Section 12.8 of the MLS Rules (below), the Association implemented a program in 2001 called Market Activity Newsletter Agreement ("MANA").
12.8 Advertising of Listing Filed With the MLS. A listing shall not be advertised by any participant or subscriber, other than the listing broker, without the prior consent of the listing broker except as provided in Section 12.16 relating to display of listings on the internet.
The MANA program allows Brokers/Participants to give other Brokers/Participants and their agents permission to advertise their listings in printed materials such as newsletters. By a Broker/Participant becoming a signatory to the MANA, consent is given to other Brokers/Participants, who are also signatories to the MANA, to advertise their listings. To see a roster of those participating Brokers/Participants (Click here to view roster)
Permission for Advertising Another Brokers’ Listings
See IMPORTANT INFORMATION Below
Section 12.8 of the MLS Rules and Regulations prohibits Broker/Participants and Subscribers from advertising another Broker/Participant’s listings without the prior consent of the listing Broker/Participant. Section 12.8 also prohibits advertising listings (without Broker/Participant’s permission) in Market Activity Newsletters.
If you wish to participate see the following Market Activity Newsletter Advertising Agreement which includes the rules pertaining to the agreement (Hereinafter MANA AGREEMENT). If you are the Participant and wish to become a Signatory to the agreement, please sign and return to the Association.
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Mail
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Bay East Association of REALTORS®
ATTN: Misty Anguiano
7901 Stoneridge Dr. Suite 150
Pleasanton, CA 94588
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FAX
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(925) 730-0246
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E-Mail
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mistya@bayeast.org
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Your MANA AGREEMENT will be processed and your name will appear on the "Market Activity Newsletter Roster" within five (5) days of receipt. It is your responsibility to verify the information. Any irregularities should immediately be reported to the Association.
MARKETING ACTIVITY NEWSLETTER ADVERTISING AGREEMENT
"MANA AGREEMENT"
IT IS AGREED, that the undersigned Broker/Participant, by executing this agreement, gives permission to allow all other Broker/Participants who are signatory to this agreement (and their agents) to use their Brokerage listings in Market Activity Newsletters ONLY. Permission is given to the same extent to all other Broker/Participants (and their agents), who previously or subsequently have executed or do execute this agreement (hereinafter the Signatory Broker/Participants).
Any Broker/Participant and their agents in good standing with the Bay East Multiple Listing Service may advertise listings of the other "Signatory Broker/Participant". All Signatories must comply with the Bay East Multiple Listing Rules and Regulations, NAR Code of Ethics and the rules set forth in this agreement. Such advertising is hereafter referred to as "Market Activity Newsletter Advertising".
Rule #1-Who Can Advertise: Only those "Signatory Broker/Participants" (and their agents) who are signatory to the "MANA AGREEMENT" can advertise other Broker/Participant’s listings who have signed the agreement and whose name is appearing in the "Marketing/Newsletter Roster".
Rule #2- Agents/Subscribers Advertising: Agents may advertise listings of Participants/Brokers whose names appear in the "Broker/Participant Signatory Roster" only if their Broker/Participant is a Signatory to the "MANA AGREEMENT" and their Broker/Participant’s name appears in the "Marketing Newsletter (MANA) Roster." The "Broker Participant Signatory" is ultimately responsible for insuring that their agents adhere to the "MANA AGREEMENT" Click here to view roster.
Rule #3-Rules Compliance: All Broker/Participant Signatories (and their agents) participating in the "MANA PROGRAM" must comply with the NAR Code of Ethics and MLS Rules and Regulations when advertising in their "Market Activity Newsletter" including, but not limited to, MLS Rules Section 12.7 which requires advertisements to present a "TRUE PICTURE".
Rule #4-Rules Violation: This agreement will automatically terminate if the Broker/Participant or their agents are in violation of the "MANA AGREEMENT" rules and the Signatory’s name will be deleted from the "Marketing/Newsletter Roster" or if the Signatory provides written requests to be deleted from the "Marketing/Newsletter Roster".
Rule #5-Deletion From Marketing Newsletter (MANA) Roster: Deletions must be done in writing and submitted to the Bay East Association of REALTORS®.
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So Agreed This Date:
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By Broker Participant:
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Signature
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Broker Participant Name:
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Please Print
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