MULTIPLE LISTING SERVICE OF THE

KENOSHA REALTORS® ASSOCIATION, INC.

 SENTRILOCK SMART CARD AND LOCKBOX AUTHORIZED USER AGREEMENT

 IT IS HEREBY AGREED BETWEEN THE MULTIPLE LISTING SERVICE OF THE KENOSHA REALTORS® ASSOCIATION, INC. (MLS of the KRA – known as ‘Sentrilock Customer’) AND MLS PARTICIPANT (known as ‘Authorized User’

_____________________________________/__________________________________
         (Name of MLS Participating Broker                      Name of Participants Firm)

 AND MLS PARTICIPANT’S LICENSEE (known as ‘Authorized User’)
 
___________________________________________________________
                                 (Name of Agent/Subscriber)

1.  SMART CARD RECEIPT:  Participant and/or Subscriber acknowledge receipt of a SentriLock Smart Card from MLS of the KRA.

 2.  TITLE TO SMART CARD:  Participant/Subscriber acknowledges that the Smart Card shall be the sole property of SentriLock and shall be returned as required by SentriLock or SentriLock ‘Customer’ (Multiple Listing Service of the Kenosha REALTORS® Association, Inc.)

 3.  CARD EXCHANGE BY SENTRILOCK OR MLS OF THE KRA:  SentriLock may from time to time at its discretion require the Customer (MLS of the KRA) to replace the Smart Cards then being used by Customer and Customer’s Authorized Users with replacement Smart Cards that are compatible with the system.  SentriLock shall make the exchange of Smart Cards at no charge to the Customer, unless the Customer has caused the need for the exchange, due to Customer’s or Authorized User’s negligence.

 4.  CURRENT UPDATE:  Agent acknowledges that the Smart Card has an update and that this code expires at regular intervals determined by the MLS of the KRA, prohibiting further use of the Smart Card until a new update is obtained from the KRA of the MLS by placing the Smart Card in an MLS Card Reader or by other authorized method.  Update will only be issued to a Participant/Subscriber in good standing with the MLS of the KRA.

 5.  TERM OF AGREEMENT:  The term of this Agreement begins on the date of the execution of this Agreement and ends on the date the Participant/Subscriber terminates Membership with the MLS of the KRA and will promptly return their card and lockboxes to the MLS of the KRA.

 6.  RETURN OF SMART CARD AND LOCKBOXES:  Participant/Subscriber agrees to return Smart Card and Lockboxes within 48 hours of receipt of a request to do so by the MLS of the KRA or SentriLock:

a.  Termination of a Participant as a Participant in MLS

b.  Termination of Subscriber/Agent’s association with the said Participant for any reason

c.  Failure of the Participant/Subscriber to perform in accordance with any and/or all terms and conditions herein set forth including, but not limited to, the provisions for security in paragraph 7 below.

d.  In the event of the death of the Participant/Subscriber, his heirs or personal representative will surrender the Smart Card to the MLS of  the KRA.

e.  Agent will be charged, at the current replacement cost, for any lockboxes not turned in to the MLS of the KRA.

 7.  SECURITY OF SMART CARD:  Participant/Subscriber acknowledges that it is necessary to maintain security of the Smart Card to prevent its use by unauthorized persons.  Consequently, Participant/Subscriber agrees:

a.    To keep the Smart Card in Agent’s possession or in a safe place at all times.

b.    To not allow his/her personal identification number (PIN) to be attached to the Smart Card or disclose to any third party his/her personal  identification number (PIN).

c.    TO NOT LOAN THE SMART CARD TO ANY PERSON, FOR ANY PURPOSE WHATSOEVER, OR TO PERMIT THE SMART  CARD TO BE USED FOR ANY PURPOSE BY ANY OTHER PERSON.  THIS VIOLATION COULD SUBJECT YOU TO A FINE WHICH WOULD BE DETERMINED BY THE MLS BOARD OF DIRECTORS.

d.        To not duplicate the Smart Card or allow any person to do so.

e.        To not assign, transfer, or pledge the rights of the Smart Card.

f.         To notify the MLS of the KRA within (3) days of the loss or theft of a Smart Card.  The Participant/Subscriber shall sign and deliver a statement to the MLS of the KRA with respect to the circumstances surrounding the loss or theft.  MLS of the KRA shall charge for the replacement of smart cards, either lost or damaged.

g.        To follow any / all additional security procedures as specified by the MLS Rules, as amended by the MLS Committee and approved by the Board of Directors.

 8.  REPLACEMENT SMART CARDS:  Replacement Smart Cards will be issued to Agents wh

a.  Have complied with this Agreement and the policies and procedures of the MLS of the KRA with respect to the SentriLock System.

b.  Pay a $10 administrative charge to replace card damaged or non-functioning.

 9.  DISCIPLINARY ACTION:  Participant/Subscriber agrees to be subject to the disciplinary rules and procedures of the Multiple Listing Service of the Kenosha REALTORS® Professional Standards Committee for violation of any provision of this Agreement.  Discipline may include forfeiture of the Smart Card and Participant’s/Subscriber’s right to be issued a Smart Card.

 10.  INDEMNIFICATION:  Participant/Subscriber agree to indemnify and hold the MLS of the KRA and all of its respective officers, directors, and employees harmless from any and all loss, cost, expense, claims or demands whatsoever by or against MLS of the KRA resulting from loss, use or misuse of the SentriLock System, including, but not limited to, any and all liabilities, including attorney’s fees, incurred by them as a result of damage or injuries to property or persons arising out of entry by any person into any premises by use of the SentriLock System.

 11.  REIMBURSEMENT:  Participant/Subscriber agree that, in the event that MLS of the KRA shall prevail in any legal action brought by or against the Participant/Subscriber to enforce the terms of this agreement, Participant/Subscriber as appropriate, may be assessed a reasonable amount of attorney’s fees in addition to any other relief to which the Court rules the MLS of the KRA may be entitled.

 12.  GOVERNING LAW:  The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of Wisconsin, Kenosha County.

 13.  PARTIAL INVALIDITY:  If any provision of this contract is held by any court to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force.

 14.     DISCLOSURE TO CLIENTS:  The Listing Participant/Subscriber shall obtain specific written authorization from the seller before placing a lockbox on the owner’s property and before listing inputted to MLS, reflecting that a lockbox has been authorized by the seller.

 15.   LISTING BROKER’S PERMISSION:  No Real Estate Participant or Subscriber/Agent or Appraiser Participant or Subscriber may enter a property with or without a lockbox without the Listing Broker’s permission, as stated in Section 2 of the Bylaws of the Multiple Listing Service of the Kenosha REALTORS® Assoc.

 16.  PARTICIPANT’S RESPONSIBILITIES:

a.  Participant warrants that Participant is both a licensed real estate broker and Participant of the Multiple Listing Service of the Kenosha REALTORS® Assoc., Inc.

b.  Participant warrants that Subscriber/Agent possesses a real estate license and is in fact associated with Participant in an active effort to sell real estate or is a licensed or certified real estate appraiser affiliated with the MLS Participant.

c.  Participant agrees to enforce the terms of the Agreement with respect to any Subscriber associated with him/her and understands that he/she is not relieved of any responsibility or obligation by the mere fact of such disassociation with Subscriber/Agent.

d.  Participant agrees to notify the MLS of the KRA immediately, in writing, should the Participant or Subscriber/Agent terminate their relationship or should the Agent’s license be transferred.

e.  Participant agrees to take all responsible means to obtain Subscriber’s Smart Card or cause Subscriber to return Smart Card to the MLS of the KRA.  The Participant will continue to be charged a service fee for the disassociated subscriber until the next billing cycle after the key is returned.  If a Subscriber does not return the Smart Card, Participant agrees to furnish the MLS of the KRA with copies of written correspondence of all attempts made to obtain said Smart Card.

f.  Participant agrees that he/she is jointly and severally liable, together with Subscriber for all duties, responsibilities and undertakings of Subscriber under this Agreement and understands that failure to follow the provisions of the SentriLock Smart Card User Agreement may result in the loss of the MLS of the KRA Smart Card privileges and, further, could cause the MLS of the KRA to recall all Smart Cards issued to Participant and Participant’s Subscribers/Agents.

 17.  ADDITIONAL TERMS AND CONDITIONS SET FORTH ON THE SECOND PAGE HEREOF ARE PART OF THIS AGREEMENT:

This written contract and all other documents incorporated hereby by reference, expresses the entire agreement between Participants, Subscriber/Agents and the MLS of the KRA with respect to SentriLock Smart Cards.  This Agreement supersedes any and all other agreements, either oral or in writing.  No other agreement, statement or promise relating to the subject matter of the Agreement which is not contained herein shall be valid or binding.  This agreement is binding upon the heirs and personal representatives of the Participant or Subscriber.

DATED:  __________________________________

 XX Subscriber/Agent/Authorized User
 
_______________________________________________________________________________________

 XX Participant/Broker/Authorized User

_______________________________________________________________________________________

By:  _______________________________________ of Multiple Listing Service of the Kenosha REALTORS® Assoc., Inc. Association Executive/Association Staff