Risk Warning Disclosure
Risk Warning Disclaimer Terms of Use: These are NOT trading recommendations. RISK WARNING: Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. Before deciding to trade foreign exchange you should carefully consider your monetary objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your deposited funds and therefore you should not speculate with capital that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent advisor if you have any doubts. Past returns are not indicative of future results. Neither Introducing Broker nor This Website assume responsibility for errors, inaccuracies or omissions in these materials. Neither Introducing Broker nor This Website warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Neither Introducing Broker nor This Website shall be liable for any special, indirect, incidental, or consequential damages, including without limitation losses, lost revenues, or lost profits that may result from these materials. Opinions and estimates constitute our judgment and are subject to change without notice. Neither Introducing Broker nor This Website engage in sales of any product or service. Introducing Broker serves as a referral source for the purpose of (i) introducing and referring prospective counterparties exclusively to Broker for the purpose of over-the-counter foreign currency trading ("Forex"), and (ii) assessing the qualifications of such prospective counterparties to engage in Forex trading. In performing the services set forth herein, Introducing Broker will have no authority to bind Broker in any way and will make no representations to prospective counterparties or other persons relating to Introducing Broker or its Forex operations that are not expressly authorized by Introducing Broker's agreement with Broker. Introducing Broker shall not issue, publish or distribute any advertisement, market letter, market research report or other sales literature utilizing or making reference to the name of facilities of Broker without Broker's prior written consent, which consent shall not be unreasonably withheld. Broker may, in its sole discretion, reject or terminate its relationship with any coutnerparty introduced by Introducing Broker during the term of Introducing Broker's agreement with Broker, provided that, if Broker subsequently accepts such a counterparty that it has previously rejected or whose relationship if has terminated ("Rejected and Closed Accounts"), either during the term of Introducing Broker's agreement with Broker, or within three months after the end of the term hereof, Broker shall compensate Introducing Broker for the life of the Rejected and Closed Accounts, provided, however, Broker's obligation to make payments to Introducing Broker on the Rejected and Closed Accounts is conditioned upon Broker: (a) not otherwise being prohibited from making such payments; or (b) Introducing Broker not attempting or having attempted to move such Rejected and Closed Accounts away from Broker; or (c) Broker not terminating this Agreement for cause pursuant to Section 12.2 of Introducing Broker's agreement with Broker. Introducing Broker is responsible for providing technical support and non-dealing related support for a counterparty introduced to Broker by Introducing Broker, accepted by Broker and with whom Broker does not have a current or prior existing Forex relationship (an "Introduced Counterparty"). Introducing Broker will maintain an Introduced Counterparty support desk for the purpose of servicing Introducing Broker's Introduced Counterparties' questions, orders, complaints and other Introduced Counterparty oriented requirements. Introducing Broker agrees that it will not in any way represent to any of its Introduced Counterparties that Introducing Broker or Broker will guarantee such Introduced Counterparty against loss, limit the loss of such or not call for or attempt to collect required initial margin and maintenance margin as established by Broker. Broker shall be entitled to rely upon any oral or written communication or instructions received from Introducing Broker, including Introducing Broker's officers, partners, principals or employees, so long as Broker does not have actual knowledge of the lack of authority of any such person. Broker may electronically record all Introduced Counterparty foreign exchange orders, and authorizations to remit or transmit Introduced Counterparty funds, by Introducing Broker and any other communications with Introducing Broker. Introducing Broker further agrees that, at all times that this Agreement remains in effect, it shall maintain an anti-money laundering program which shall include, at a minimum, internal policies, procedures and controls for (i) identifying and verifying Introduced Counterparties; (ii) training its employees to identify potential money laundering transactions or arrangements; (iii) detecting, reporting and maintaining records of suspicious activity; (iv) designating of a qualified compliance officer to oversee such anti-money laundering program, and annual independent testing of such anti-money laundering program. Introducing Broker hereby covenants to monitor and review its anti-money laundering program on a continuous basis and shall promptly update or otherwise revise such program as may be required from time to time in order to be in full compliance with all Anti-Money Laundering Laws. For the purposes of this Agreement, "Anti-Money Laundering Laws" includes: (i) Executive Order No. 13224 of September 23, 2001 "Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism; (ii) the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56 (commonly known as the USA Patriot Act); (iii) the Money Laundering Control Act of 1986, Public Law 99-570; (iv) the Bank Secrecy Act(31 USC 5311-5330) and (v) any similar law enacted in the United States of America or any other country of applicable jurisdiction to the operations of Introducing Broker or Broker, as all of the foregoing are amended from time to time. In compensation for its services, Broker agrees to pay to Introducing Broker a referral fee ("Referral Fee") as set forth in Schedule A for each Forex transaction entered into between Broker and an Introduced Counterparty. Such Referral Fee shall be paid as specified in Exhibit A. These fees shall be payable monthly, in arrears. For other Institutions with whom Broker does not have a current existing Forex relationship which Introducing Broker may introduce to Broker, Broker will pay Introducing Broker a Referral Fee per trade in accordance with the rates contained on Schedule "B." These fees shall be payable monthly, in arrears. The Referral Fees set forth in Schedule A shall be payable for the duration of Introducing Broker's Forex relationship with any Introduced Counterparty, whether or not this Agreement is terminated prior to the termination of such relationship, except if this Agreement is terminated for cause by Broker in accordance with Section 12.2 or terminated by Introducing Broker for any reason other than those set forth. If Broker voluntarily terminates the Agreement, for any reason other than those set forth , Broker is not otherwise prohibited from making such payments and Introducing Broker does not attempt to move an account(s) away from Broker, Broker shall continue to compensate Introducing Broker for the life of the account(s). EXPENSES Each party shall be responsible for its own expenses incidental to or arising out of this Agreement and neither party shall be obligated, without its prior written consent, to pay any such expenses of the other party. INITIAL SOLICITATION In determining whether a prospective Introduced Counterparty is qualified for referral to Broker, Introducing Broker shall apply the minimum qualification standards as established by Broker as Schedule C (as amended by Broker from time to time). Introducing Broker shall also rely on any additional qualification standards that it deems appropriate in its professional judgment in order to enhance full compliance with all applicable laws and regulations. Introducing Broker is responsible for gathering all pertinent information from a prospective Introduced Counterparty. Failure to conduct due diligence or failure to provide all necessary account information on any prospective Introduced Counterparty or failure to follow Broker process and procedures shall be grounds for termination of this Agreement by Broker. Introducing Broker will supply Broker with a New Account Application (in the form set forth in Schedule D attached hereto) to clearly identify each new prospective Introduced Counterparty to Broker. Introducing Broker agrees that at its initial solicitation of a prospective counterparty for Broker's Forex dealing services, each such prospective counterparty shall receive a copy of Broker's Risk Disclosure Document, Account Agreement, Trading Rules and Regulations as provided on Broker' web site and other documentation that Broker provides to Introducing Broker from time to time (collectively, the Broker Documents'). Introducing Broker hereby agrees that it will issue a New Account Application with the intent to become thoroughly familiar with each of its Introduced Counterparty's identity, financial status and trading objectives and all other information normally gathered to qualify a potential Introduced Counterparty. Furthermore Introducing Broker agrees to keep Broker informed and updated of all of their Introduced Counterparty information in order to comply with all applicable laws and regulations, including applicable Anti-Money Laundering Laws. Introducing Broker also agrees to update or revise any information contained on the Introduced Counterparty's application as may be necessary from time to time and to comply with all applicable Anti-Money Laundering Laws. All Introduced Counterparty information is the joint property of Broker and Introducing Broker and may not be distributed to third parties without the written consent of both parties.