Article VI - Service Fees, Charges and Fines
Section 6.0 Service Fees, Charges And Fines
The fees, charges and fines related to the operation of the Service are set forth in Attachment A to these Rules and Regulations. The Board of Directors of the Service from time to time may establish new fees, charges and fines and may change the nature and amount of existing fees, charges and fines.
The Service may charge a participation fee. Except as hereafter specifically provided in this Section 6.0, the participation fee will be calculated on the basis of the number of licensed real estate brokers and salespersons and licensed or certified appraisers who (1) are employed by or affiliated as independent contractors with, or who are otherwise licensed with, each Participant and (2) have access to or use of the Service. Notwithstanding the foregoing, in the case of a Participant with no Office in the Service’s Primary Coverage Area, the Service may charge that Participant a participation fee that will be calculated on the basis of only that number of the Participant’s affiliated licensed real estate brokers and salespersons and licensed or certified appraisers who (A) meet the standards of clause (1) above, and (B) either (i) are licensed or certified in any one or more states included in whole or in part within the Primary Coverage Area or (ii) are not so licensed or certified but nonetheless agree to be included in the calculation of the Service’s participation fee. No broker, salesperson or appraiser who is not included in the calculation of a Participant’s participation fee, as provided in the preceding sentence, and with respect to whom such participation fee has not in fact been paid, may File a Listing with the Service, be a Cooperating Broker in respect of any Listing, have access to any Service Compilation or otherwise make use of any service or benefit of the Service made available to a Participant or Subscriber. If any such broker, salesperson or appraiser makes use, or attempts to make use, of any service or benefit of the Service, the Participant with which such broker, salesperson or appraiser is affiliated shall be subject to the sanctions specified in Attachment A hereto.
A Participant must notify the Service in writing of any roster change (that is, any change in the number of licensed or certified individuals affiliated with the Participant) immediately upon the occurrence of such change, but in any event not later than thirty (30) days after the date of the change.
The Service will bill participation fees and access fees quarterly in advance. The Service will bill all other fees, charges and unpaid fines monthly in arrears. Payment in full of all billed fees, charges and fined is due within thirty (30) days from the date of the invoice. Thereafter, any unpaid balance will be subject to interest at the rate of one and one-half (1.5%) percent per month until paid. If payment in full of any fees, charges or fines is not made when due, services to the delinquent Participant and/or Subscriber and/or to the Office or Offices out of which the delinquent Participant and/or Subscriber works may be suspended.
Invoices for all fees, charges and fines will be sent to all Subscribers and to all Individual Participants. Although a Subscriber has the responsibility for payment of all applicable fees, charges and fines invoiced to the Subscriber, the Participant with which a Subscriber is affiliated has the ultimate liability and responsibility for timely payment of all fees, charges and fines of each of the Subscribers affiliated with it. Therefore, if payment is not made by or on behalf of any one or more Subscribers affiliated with a Participant when that payment is due, the Service may impose sanctions under these Rules and Regulations (including without limitation the suspension of all services) on the Participant, on all of the Subscribers affiliated with the Participant and/or on the Office out of which the delinquent Subscriber works.
In order to reactivate services following a suspension by the Service, a suspended Participant must pay, or cause to be paid, prior to reactivation, (1) all outstanding unpaid obligations to the Service and (2) a reinstatement fee. The amount of the reinstatement fee shall be as set forth from time to time in Attachment A hereto.
No application fee, listing fee, participation fee or other charges or fines required to be paid by a Participant or Subscriber shall be refunded or waived, except on approval of the Service, which approval the Service may grant or withhold in its absolute discretion.
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