a. Termination by Supplier. In addition to any rights Supplier may have to terminate this Agreement under the GTCs, Supplier has the right to terminate this Agreement for breach immediately and at Supplier’s discretion based on Customer’s rude behavior, abuse or any type of threat made by Customer.  In the case of termination by Customer for any breach under these PSTs or the GTCs, all remaining fees as part of the then-current Term shall become immediately payable and due. In addition to the foregoing, Supplier may terminate this Agreement at any time, without cause, upon fifteen (15) days prior written notice to Customer.

b. Termination by Customer. Except as specified in the GTCs and in these PSTs with respect to Diverse Solutions, Customer may not terminate the Agreement prior to the expiration of the Initial Term or any Renewal Terms. Customer may terminate the Agreement with respect to Diverse Solutions at the end of the Initial Term or any Renewal Term by providing at least 35 days advance written notice prior to the end of the Initial Term or Renewal Term, as applicable. To provide such notice of termination to Supplier, Customer must sign and return the cancellation confirmation form provided by Supplier on or before the date specified therein. To obtain the cancellation confirmation form and provide notice of termination, Customer shall email support@diversesolutions.com.

a. Word-Press IDX Plugin: Each WordPress license key can only be used on one domain name or WordPress site. If Customer requires use of the Word Press IDX Plugin on more than one domain name or WordPress site, Customer must purchase additional licenses. Any modifications made to the WordPress plugin by Customer or any third party other than Supplier or its Affiliates are strictly prohibited. Any unauthorized or unintended use of the WordPress IDX API is prohibited. Supplier may terminate this Agreement, or the portion of the Agreement attributed to any IDX Product(s) immediate upon breach of the foregoing sentence.

b. Mapping IDX Solutions or dsSearchAgent. If an Order Form provides for Customer’s purchase of access to the Product known as “Mapping IDX Solutions” or “dsSearchAgent”, the following terms shall apply. Mapping IDX Solutions and its modules can only be used on one website. If Customer would like to use it on more than one website, Customer must purchase additional licenses.

c. Eligibility. In order to be eligible to use the IDX Products, Customer must (i) be an actively licensed real estate agent with its local real estate board and MLS; (ii) for each of the MLSs Customer desires to display on its website, complete the registration process with Supplier and where necessary, the MLS; (iii) agree to the terms outlined in this Agreement; and (iv) provide accurate, complete, and up-to-date contact information to Supplier. By using Diverse Solutions, Customer represents and warrants that it meets all the requirements listed above, and that Customer will not use DiverseSolutions in a way that violates any laws, regulations or MLS rules.

d. Authority. If Customer signs up for DiverseSolutions on behalf of a real estate agent, brokerage or other entity, Customer represents and warrants that Customer has the authority to accept this Agreement and their corresponding responsibilities on their behalf.

e. MLS Permissions and Terminations. Customer represents and warrants that Customer has permission and will continue to have permission to access the MLS IDX listing data contained within DiverseSolutions as required by each applicable MLS. In the event Customer is no longer a member of one or more MLSs from which it accesses data within DiverseSolutions, Customer shall inform Supplier of such termination of membership as soon as practicable and in no event more than two (2) business days.  Supplier may terminate Customer’s access to any particular MLS feed in the event it learns or has reason to believe Customer does not have permission to access such MLS feed. Further, Supplier reserves the right to refuse service, close accounts of any users, and change customer eligibility requirements at any time and for any reason.

f. Data Access Fees. Data Access Fees. Supplier charges (i) “MLS Pass-Through Fees,” which are fees charged by an MLS on Supplier in for each data feed and are passed through to customers who use those feeds, and (ii) a Data Management Fee in respect of the provision of normalized and standardized access to such MLS Data by Supplier and/or its Affiliates and Licensors. Customer will see these fees as line item on the billing summary before subscribing to a plan.

g. Compliance. The IDX Products must abide by MLS rules and regulations, which are set by NAR (National Association of Realtors). This may include identifying the listing agents or offices on each listing, displaying required logos and disclaimers, and what listing information can or can’t be displayed on a website.