For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, * the undersigned (the “Trading Agent”) agrees to the terms and conditions set forth below by Tradeview Ltd (“Tradeview”) (the “Agreement”) applicable to all Tradeview Ltd client accounts I manage through a Limited Power of Attorney (“LPOA”) with our without the use of multi-account manager platforms.
Commissions charged by the Trading Agent will be calculated on a “round turn” basis. Payment of such commissions will be made to the Trading Agent within 5 business days following the end of each month, unless otherwise agreed upon, for all lots closed by 5 pm EST on the last trading day of a calendar month. Any commissions due on open positions will carry forward to the subsequent month. Profit Sharing will be calculated and paid on a net high watermark basis. Commissions and Profit Sharing percentage are set forth on the Client LPOA. If I am going to earn commissions in addition to a percentage of profits, I agree to inform clients of the potential for a conflict of interest based on trading to generating commissions.
Trading Agent using a Multi Account Manager will be charged a usage fee of $.15 per round turn on all foreign exchange transactions. Tradeview will calculate the total usage fees at month end and the Trading Agent will be issued an invoice for the total cost. All usage fees due to Tradeview shall be debited from commissions and/or profit sharing due to Trading Agent and shall be debited from the gross payment due to Trading Agent. Should usage fees result in a negative equity balance such balance will be carried forward to the subsequent month’s calculation.
Tradeview, in its sole discretion, shall monitor the activities of the Trading Agent to identify instances of misconduct, which shall include, but not be limited too, unauthorized trading, fraud, mismanagement, breach of fiduciary duty and churning. For purposes of this Agreement ‘churning’ is defined as any form of excessive trading conducted for the purpose of increasing Trading Agent’s commissions, rather than to further the customer’s investment goals. Upon the finding of misconduct, as reasonably determined by Tradeview, commissions, fees and/or profit sharing due to the Trading Agent may be withheld pending a claim by the client. Withheld funds can and will be used to satisfy any customer claims received as a result of misconduct on the part of the Trading Agent.
The Trading Agent has an affirmative obligation to inform Tradeview of any customer complaint and/or claims. If, after a six (6) month period, no claims have been received by Tradeview or Trading Agent, the withheld funds may be released to the Trading Agent. Should a claim be received prior to expiration of the six (6) month withholding period, the claim will be assessed by Tradeview’s Legal & Compliance Department for validity.
Trading Agent agrees to indemnify and holds harmless Tradeview, its affiliates, employees, agents, officers, directors, shareholders, successors and assigns from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, arising out of or incurred as a result of Trading Agent’s misconduct as determined by Tradeview and/or in connection with a customer claim against Tradeview and/or Trading Agent. Tradeview shall not be held liable or responsible for any miscalculation of any fees, commissions, or profit-sharing percentage.
Tradeview may revoke or terminate the Trading Agent’s trading authority over a Client’s account at any time for any reason in its sole discretion. In the event Tradeview terminates the Trading Agent’s trading authorization over the Client’s account, Tradeview will provide written notice to both the Client and the Trading Agent. Trading Agent certifies they understand and agree to all terms and conditions of the foregoing Trading Agent Agreement.