5. TYPES OF MEMBERS AND MEMBERSHIP   
    REQUIREMENTS

5.1     Member Requirements. All BAREIS Members (as defined in the Bylaws) must:

(a)        Sign a written agreement to abide by the Bylaws and these Rules and Regulations in force at that time, and as amended from time to time; Members are responsible for adhering to these Rules and Regulations as a condition of their membership, and are responsible for being aware of all current Rules and Regulations;

 (b)       Complete any orientation program required by BAREIS within 60 days after access to the MLS Database has been provided;

(c)        Pay all applicable fees;

(d)        Provide full and current contact information, including a valid email address and facsimile number, to BAREIS, and agree to accept all communications by electronic means from BAREIS; and

(e)        Conduct themselves in a professional  manner, according to the policy of the Board that expects and requires such in dealings with the staff of BAREIS, the service centers, or reciprocal MLSs. Abusive, threatening or harassing behavior towards  administrators or employees is not acceptable. Upon receiving a complaint of such behavior towards a staff member, the Board, or a committee of the Board, shall cause the accusation to be investigated and conduct a hearing if necessary. The Board may levy a fine against an offending Member, and, in the case of repeat offenses, may terminate the services of BAREIS to such a Member. (4/20/07)

5.2     Participant.  A Participant is any Member that continues to meet all of the requirements of either a broker Participant or an appraiser Participant as defined below:

5.2.1     Broker Participant.  A broker Participant is an individual who holds a valid California real estate broker license and who is either a sole proprietor or is a principal, partner, corporate officer, or broker manager acting on behalf of a business entity and is authorized to offer and accept compensation in the capacity of a real estate broker.

5.2.2     Appraiser Participant.  An appraiser Participant is an individual who holds a valid California appraisal license or certificate and who is either a sole proprietor or is a principal, partner, corporate officer, or branch manager acting on behalf of a business entity for or through which his or her services are provided.

 5.3     Subscriber.  A Subscriber is an individual who meets the requirements of either a real estate Subscriber or appraiser Subscriber as defined below:

5.3.1     Real Estate Subscriber.  A California real estate licensee or broker who is employed by or affiliated as an independent contractor with a broker Participant or a business entity holding a valid California real estate broker license.

5.3.2     Appraiser Subscriber.  A California licensed or certified appraiser who is employed by or affiliated as an independent contractor with an appraiser Participant.

5.4     Administrative Users.  Administrative users are individuals under the direct supervision of a Participant or Subscriber who perform only administrative and clerical tasks that do not require a real estate license or an appraiser’s certificate or license.  Administrative users are assigned unique and individual administrative access to the MLS Database.   Each Participant and Subscriber shall provide BAREIS with a list of all administrative users employed by the Participant or Subscriber and shall immediately notify BAREIS of any changes, additions, or deletions from the list.  Administrative users without an active real estate license or appraiser’s certificate or license are subject to a special dues rate established by the Board.  Administrative users with an active real estate license or appraiser’s certificate or license are billed at the Subscriber rate.  Administrative users may not provide any MLS Data to persons other than the Participant or the Subscriber under whom the administrative user is registered.

 5.5     Listing Broker.  A listing broker is a licensed real estate broker who has obtained a written listing agreement by which the broker has been authorized to act as an agent to sell, lease or exchange real property or to find or obtain a buyer, lessee or exchangee pursuant to California Civil Code §1086.  Whenever these Rules and Regulations refer to the listing broker, the term shall include the Subscriber or licensee acting for the listing broker, but shall not relieve the listing broker of responsibility for the act or Rule specified. 

5.6     Cooperating Broker or Selling Broker.  A cooperating broker or selling broker is a licensed real estate broker who acts in cooperation with a listing broker to accept an offer of compensation to find or obtain a buyer, lessee or exchangee for property pursuant to California Civil Code §1086.  Whenever these Rules and Regulations refer to the cooperating broker or selling broker, the term shall include the Subscriber or licensee acting for the cooperating or selling broker, but shall not relieve that broker of responsibility for the act or Rule specified.

 5.7    Appraiser.  An appraiser is a Participant or Subscriber who is a certified or licensed appraiser, or is a certified or licensed appraiser acting for a Participant or a Subscriber.  Whenever these Rules and Regulations refer to an appraiser, the term shall include the appraiser Subscriber or a certified or licensed appraiser employed by or affiliated as an independent contractor with the Participant who employs the appraiser, but shall not relieve that Participant of responsibility for the act or Rule specified.

5.8     Affiliate.  An affiliate Member is an individual or business entity who or which is neither a real estate licensee nor a licensed or certified appraiser, who or which can demonstrate a legitimate need for the information, and who or which may qualify, upon approval of the Board, to receive MLS Data, on such terms and conditions as may be determined by the Board.

5.9      Membership Not Transferable.  Membership in BAREIS is on an individual basis and may not be transferred or sold to any other individual, corporation, or business entity.  Any reimbursement of the participation fee is a matter to be negotiated by those transferring a business, or determined as a matter of contract within the business entity.  However, provided the first Participant consents, BAREIS shall allow a business entity to designate a different person within the business entity as a Participant without requiring the payment of an additional participation fee.  BAREIS may charge an administrative fee for reassigning Participants within a business entity.