Permission to use TAR forms is limited to real estate transactions in which you (REALTORS®) represent a portion or in your personal real estate activity. Therefore, even if THE TAR forms have been removed from the publicly accessible areas of a website, TAR forms should not be assigned to members of the public who are not your clients (REALTORS®) or who are not involved in a real estate transaction in which you represent a party. In accordance with the provisions of the Texas Association of REALTORS ® (TAR) End User License Agreement (EULA), any announcement of TAR forms on a website must be behind a firewall or similar filtering software (username and password protection). The denunciation of ART forms without this protection constitutes a violation of the AEUM. The use of watermarks via TAR forms instead of a “firewall or similar filtering software” does not meet the requirements of the EBA. TAR 2004 Pet Agreement is designed as a complement to ART 2001, if the tenant must keep a pet on the ground. We had a “SAMPLE” form at our disposal so that members of the public could see what the form looked like, but unfortunately we received a letter “CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT” from the Texas Association of REALTORS®. The “SAMPLE” form we had was strongly marked with two copyright logos and a rather large “SAMPLE” watermark on each page, but this was not acceptable to the association. In part, the Board.C.A.
states: “… You have the right to use Blank Forms for real estate transactions in which you represent a party and/or in your personal real estate activity. You also have the right to make Blank Forms available to your clients or parties to a real estate transaction in which you represent a party. However, on the website, The Extranet or a similar website of your or your real estate company located behind a firewall or similar filtering software, you ensure that none of the empty forms are accessible to members of the public who are not your customers or who are not involved in a real estate transaction in which you represent a party, but use a single resource locator (“URL”) without any additional security features, such as the password.B.