11.5 REALTOR® Trademark

The use of the name REALTOR® must be used in compliance with the National Association of REALTORS®® guidelines governing the use of that name and mark. Those guidelines are available on-line at: www.realtor.org (opens in a new tab).

Telephone: Do Not Call Compliance

You are required to comply with the do-not-call laws which generally prohibit “telephone solicitations” to residential and cell phone numbers registered on the National Do-Not-Call Registry. A “telephone solicitation” is defined as the initiation of any telephone call or message, unless exempt, “for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.”

The Company may maintain a “do-not-call” list from, among other things, the federal Do Not Call Registry. You may not call or text anyone using their home or cell phone number if listed on that Registry unless an exemption applies. Exemptions include written permission, an established business relationship, or a personal relationship.

Written Permission means the person being called has given prior express permission to call as evidenced by a signed, written agreement to be contacted at a specific number (e.g., C.A.R. “Consent for Communications” form).

An Established Business Relationship means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber on the basis of either:

• The consumer’s business transaction with the Company in the past 18 months; or

• The consumer’s inquiry or application regarding the Company’s services within the past three months.

Personal Relationship means any family member, friend, or acquaintance of the person making the call.

In addition, you must inform the Company if you speak on the telephone with any party who expresses a desire not to be called again. The person must be placed on the “Do Not Call” list. You must also refrain from soliciting anyone on the Company’s “Do Not Call” list, unless an exemption applies. Contact your Broker or Manager for the list.

**It is your responsibility to adhere to this policy and you will be solely responsible for any violation, including any fines, penalties, damages recovered, settlements or attorney’s fees and costs.
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