MEMBER2MEMBER EMAIL SYSTEM & RULES
Purpose of Member2Member (M2M) Rules
Please read the Member2Member (“M2M”) Rules (“Rules”) for the M2M Email System. They are designed to make M2M equitable and effective for everyone. These Rules may be updated from time to time, with or without advance notice, MIAMI REALTORS®’ sole discretion. You (defined as users of the M2M) are responsible for regularly checking these Rules and staying informed of all updates, which will be posted to this website and will be available on the M2M Dashboard. If You do not agree with these Rules, You are not authorized to use the M2M Email System. By using M2M, You are agreeing that you have read these Rules and that You will at all times comply with the Rules, including any updates to the same, when using the M2M Email System.
M2M RULES
- The M2M Email System is ONLY for the marketing of commercial properties (“haves and needs”), e.g. office, industrial, land, business opportunities, multi-family. Any other type of marketing is strictly prohibited. Examples of prohibited marketing include, but are not limited to: offers or the existence of compensation, residential properties, recruitment ads, and the advertisement of other services such as lending and title. However, properties with a single-family residence that may be upzoned by right are permitted in the M2M Email System (i.e., T4+ zones in the City of Miami).
- International properties are also permitted as long as they comply with the Rules.
- When marketing commercial properties, you must have a written agreement to exclusively list, co-broker, or co-market the property. Upon request, this agreement shall be provided to the Association within 2 business days. M2M is not a prospecting tool.
- You may send a maximum of two (2) different emails per day, up to eight (8) total emails per month, in the M2M Email System. Emails may be for an individual property or business opportunity, or emails may include a list or summary of all inventory, properties, or business opportunities.
- You may market a property twice within fourteen (14) days.
- The individual sending the M2M email MUST: (a) be a member in good standing with the MIAMI REALTORS®; (b) have a current MIAMI COMMERCIAL membership; and, (c) be the primary contact for the property or business opportunity. Anyone who violates this section and is a member of MIAMI REALTORS®, but does not have membership with MIAMI COMMERCIAL, will automatically be billed for a MIAMI COMMERCIAL membership.
- Your use of the M2M Email System must also comply with the then-current versions of the NATIONAL ASSOCIATION OF REALTORS® Code of Ethics, MIAMI REALTORS®’ Bylaws, MIAMI REALTORS®’ Antitrust Policy, MIAMI REALTORS®’ Privacy Policy, MIAMI REALTORS®’ MLS Rules, and MIAMI REALTORS®’ Terms of Use. In addition, your use of the M2M Email System must comply with all applicable federal, state, and local laws, regulations, and ordinances. This includes, but is not limited to, copyright, antitrust, and fair housing laws.
- You may not make any offers of compensation through M2M to other tenant/buyer brokers or other tenant/buyer representatives.
- You may not disclose on M2M listing broker compensation or total broker compensation, if any.
- Use of M2M data, data feeds, or services including but not limited to email broadcasts to directly or indirectly establish or maintain a platform to make offers of compensation from multiple brokers to buyer brokers or other tenant/buyer representatives is prohibited and must result in M2M terminating your access to any M2M data, data feeds, or services. The disclosure in the M2M, in any way, of the total compensation, which includes but is not limited to commission, if any, negotiated between the owner/seller and the listing broker, or total broker compensation (g. combined compensation to both listing brokers and tenant/buyer Brokers) is prohibited.
- You agree that any content You submit on the M2M Email system does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy.
- You are solely responsible for the content you submit through the M2M Email System. You agree not to submit any content that: (a) may create a risk any harm, loss, or damage to any person or property; (b) seeks to harm or exploit vulnerable populations; (c) may constitute or contribute to a crime or tort; (c) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (d) contains any information or content that is illegal; (e) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; and/or, (f) contains any information or content that You know is not correct and current.
VIOLATIONS
Any violation of these Rules will first result in a written warning along with a reminder of the then-current Rules. A second violation of the Rules shall result in the suspension of your use of the M2M Email System for one (1) month, after which time your account will be automatically reinstated. A third violation of the Rules will result in the permanent suspension of your use of the M2M Email System. To the extent legally permissible, MIAMI REALTORS® reserves the right, but is not obligated, to reject and/or remove any content that MIAMI REALTORS® believes, in its sole discretion, violates any of these Rules.
LICENSE
If You are using the M2M Email System, on your own behalf or on behalf of your customer or business, MIAMI REALTORS® grants you a limited, revocable, non-exclusive, non-assignable license to use the M2M Email System in compliance with the Rules. Unlicensed use is unauthorized. You agree not to display, frame, make derivative works, distribute, sublicense, share, or sell, content from M2M Email System outside of the M2M Email System, excluding the content that You create. You grant MIAMI REALTORS® a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content You post or share in the M2M Email System.
DISCLAIMER & LIABILITY
To the full extent permitted by law, MIAMI REALTORS® and its officers, directors, employees, agents, licensors, affiliates, subsidiaries, parent companies, and successors in interest (“MIAMI Entities”) make no promises, warranties, or representations as to the M2M Email System, including its completeness, accuracy, availability, timeliness, propriety, security, or reliability. The M2M Email System is provided as a member benefit on an “AS IS” and “AS AVAILABLE” basis and any risk of using the M2M Email System is assumed by you. MIAMI REALTORS® disclaims all warranties, express or implied, including accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice. You agree that MIAMI REALTORS® disclaims any liability or responsibility for acts, omissions, or conduct of you or any other third-party in connection with the M2M Email System. MIAMI Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to the M2M Email System; and, in no event shall such liability exceed $100.00. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
DMCA POLICY
If you believe that your intellectual property rights have been violated by MIAMI REALTORS® or by a third party who has uploaded content to the M2M Email System, please provide the information requested in MIAMI REALTORS®’ DMCA Policy, which you can find online HERE, to MIAMI REALTORS®’ designated copyright agent.
ANTITRUST COMPLIANCE POLICY
MIAMI REALTORS®, a not-for-profit trade association, is the voice for real estate, influencing and shaping the industry, and is devoted to being the business and public policy advocate for REALTORS®. MIAMI REALTORS®’ programming often include real estate professionals and other industry stakeholders who compete with each other or work for competing businesses. MIAMI REALTORS® is committed to conducting all programming in a professional, ethical, and lawful manner, including adherence to all antitrust laws. This ensures pro-consumer, pro-competitive marketplaces that facilitate the sale of real estate. To that end, the content in the M2M Email System will focus on advancing the interests real estate professionals and consumers of real estate services, increasing competition, reducing risk for all parties involved in real estate transactions, and sharing insights on business best practices. The following topics are always prohibited: agreements to fix prices, limiting product or service offerings, allocating geographical territory or customers, and refusing to deal. Any content in the M2M Email System is inconsistent with this policy will not be tolerated.
Thank you for your cooperation. If you have any questions about these Rules or the M2M Email System, email commercial@miamire.com.
