MFFU Sim Trader Agreement - Core Plan
MFFU Sim Trader Agreement - Core Plan
RECITALS
A. The Company is in the business of offering a simulated environment for trading
commodity futures, which is designed to assist traders in evaluating how their trading strategy or
strategies may perform in a simulated trading environment (the “Program”).
B. The Company desires to provide Trader with access to an account maintained by
the Company for the simulated trading of commodity futures (the “Sim Trading Account”),
using simulated capital (“Sim Capital”), as well as providing access to training, educational
materials, market data and other services (collectively, the “Services”), pursuant to the Plan (as
defined below) selected by Trader;
AGREEMENT
In consideration of the mutual promises contained herein and other good and valuable
consideration, the receipt and sufficiency of which hereby are acknowledged, the parties hereto
agree as follows:
1.1. Engagement. Subject to the terms and conditions of this Agreement, the Company
hereby agrees to provide Trader with access to a Sim Trading Account (and related Services) to
participate in the Program, in which Trader may engage in the simulated trading (i.e., buying and
selling) of commodity futures using Sim Capital pursuant to the plan attached as Appendix A
(the “Plan”). Trader may engage in such simulated trading activity during the Term of this
Agreement, subject to the terms hereof, from such location(s) as may be approved by the
Company. Simulated trading under this Agreement relates solely to the Plan. If the Company
and Trader agree to operate under a different plan (each, a “New Plan”), participation in the New
Plan shall be evidenced in writing and automatically be deemed to be subject to this Agreement.
Further, the New Plan’s terms and conditions shall be deemed to be attached hereto as Appendix
B, etc.
1.2. Sim Trading Account. The Company will establish a Sim Trading Account and
allocate Sim Capital in an amount determined by the Company in its sole discretion. To
establish and maintain the Sim Trading Account, Trader agrees to submit all required personal
and financial information through SumSub, a third-party verification platform. Such required
information may include a government-issued identification (e.g., passport, driver’s license, or
national ID), proof of residence, and proof of income or funding source, among other things.
The Sim Trading Account will record the simulated trades entered by Trader and reflect the
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hypothetical performance of such trades. The Company may, in its sole discretion, add to or
withdraw from the Sim Trading Account such Sim Capital as it determines in its sole discretion
or terminate or suspend trading in the Sim Trading Account based on a violation of the Rules, as
defined below and as determined by the Company. In addition, the Company shall determine
from time to time, in its sole discretion, Trader’s simulated trading authority and the controls and
other limitations, if any, with respect to the simulated trading conducted in the Sim Trading
Account. Trader understands that the Sim Trading Account is an asset of the Company.
1.3. Performance Criteria. To the extent that Trader meets the specified performance
criteria established by the Company in the Plan, and adheres to the Rules (as defined below),
Trader may be considered and invited to join a proprietary trading firm, which is affiliated with
the Company, that trades live commodity futures. Trader’s performance in the Program, however,
does not guarantee consideration or an invitation to join the proprietary trading firm. Any
decision to join the proprietary trading firm shall be made solely by the proprietary trading firm.
Further, Trader acknowledges and understands that less than one (1) percent of all traders in the
Program, irrespective of the plan type, will be invited to join the proprietary trading firm.
the sole responsibility of Trader to be aware of and comply with holiday trading restrictions, as
well as to regularly check for notifications regarding early market closures or special trading
conditions. Traders are encouraged to review the official market holiday schedule published by
the Exchange to ensure compliance.
1.4.5. Dormant Sim Trading Accounts. Unless Trader executes at least one (1)
simulated trade per seven (7) day trading cycle, the Company may, in its sole discretion, deem
Trader’s Sim Trading Account to be dormant and immediately close such Sim Trading Account,
and any accrued and unpaid payouts associated with such Sim Trading Account will be forfeited
by Trader.
1.4.7. Automation. The use of full automation and algorithmic trading systems is
permitted; however, high-frequency trading systems and any strategies designed to exploit
favorable conditions inherent to the simulated trading environment are strictly prohibited. In
addition, Trader is required to use his or her own dedicated device and internet connection to
participate in the Program. Sharing devices, using public computers, or trading via shared IP
addresses (such as public Wi-Fi or shared office networks) is prohibited. Further, Trader may not
use copy-trading platforms, mirror trading software, or engage in pre-arranged agreements with
other Traders to replicate trading strategies.
2. Program Fee. In order to participate in the Program, Trader agrees to pay a
one-time fee equal to the then-current list price, subject to any applicable discounts or
promotions, at the time of signing this Agreement. Any reset of the Plan pursuant to the Plan
Term and Conditions and any New Plan shall be subject to a separate fee as determined by the
Company. Trader agrees to maintain accurate billing information on his or her account at all
times and any changes to such information shall be promptly updated in Trader’s account
settings. Trader acknowledges and agrees that the purpose of the Fee is to (i) obtain feedback in
a simulated environment with respect to the performance of Trader’s trading strategy, and (ii)
compensate the Company for providing the simulated environment and Services to Trader. The
fee is not refundable, except where Trader has not yet commenced any simulated trading activity,
in which case a $75.00 service fee shall be deducted from the amount refundable to Trader. The
service fee is attributed to non-recoverable technology and market data fees incurred by the
Company.
3. Payouts.
3.1. Payout Structure. Subject to the terms of this Agreement and the Plan Terms and
Conditions, Trader shall be entitled to receive payout in fiat currency based on Trader’s
simulated trading performance in the Sim Trading Account, as follows: 80% of the Net Sim
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Profits in Trader’s Sim Trading Account. Any eligible payout amounts must be withdrawn by
Trader during the term of this Agreement.
3.2. Net Sim Profits. As used herein, “Net Sim Profits” means, for any period
designated by the Company, the difference between (i) all realized simulated profits generated in
the Sim Trading Account during such period, if any, and (ii) all realized and unrealized simulated
losses incurred in the Sim Trading Account, as well as all hypothetical brokerage commissions
and fees, exchange and clearing fees and charges and related transaction and execution fees, in
each case as determined and allocated by the Company in its sole discretion. The amount by
which (i) exceeds (ii) is referred to as “Net Sim Profits.”
3.3. Withdrawal Requests. Subject to the other provisions of this Section 3 and as
prescribed in the Plan Terms and Conditions, Trader may request to withdraw all or any portion
of the Net Sim Profits to which Trader is entitled hereunder by providing a written invoice for
such amount to the Company on any Business Day. If Trader is entitled to the amount requested
hereunder, such payout shall be paid to Trader by the Company within three (3) Business Days
following receipt of any such invoice (or, if such payment time does not fall on a Business Day,
the next following Business Day). In the event that Trader has not requested payouts with
respect to the full payout amount owed to Trader by the close of business on December 31 of any
year, the Company reserves the right to pay out all or any portion of the unpaid payouts as of
such date, in its sole discretion.
3.4. Maximum Sim Funded Payout Cap. Notwithstanding anything to the contrary
herein, the cumulative aggregate of all profit payouts disbursed or made available to Trader
under the Sim Funded stage of the Program shall be strictly limited to a maximum amount of one
hundred thousand dollars ($100,000) (the “Sim Funded Payout Cap”). Upon reaching the Sim
Funded Payout Cap, Trader shall no longer be eligible to receive any further payouts from the
Sim Trading Account, regardless of any additional Net Sim Profits reflected in the account
thereafter. For the avoidance of doubt, the Sim Funded Payout Cap shall apply to all payouts,
whether issued in one or multiple disbursements, and shall not reset upon any Plan reset,
transition, or requalification unless otherwise expressly agreed to in writing by the Company.
4.1. Trader is at least 18 years of age and has the legal right, capacity and
authority to enter into this Agreement,
4.2. Trader is not a party to, or bound by the terms of, any agreement
restricting Trader from using or disclosing any confidential or proprietary information in the
course of Trader’s performance to the Company; competing, directly or indirectly, with the
business of any other “Person” (which means any individual, corporation, partnership,
association, limited liability company, enterprise, trust, estate or other entity); or soliciting any
current or former employees or service providers of any Person,
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4.4. Trader has not improperly removed, copied, reproduced or maintained (in
paper or electronic form) any confidential or proprietary information of any Person (including, if
applicable, any prior employer),
4.5. Trader has not received any communication from the Company or any of
its agents that is an assurance or guarantee as to the expected success, results, or profits of
participating in the Program,
4.6. Any and all information provided by Trader to the Company, whether
initially or throughout the Term of this Agreement, is complete and accurate,
4.7. Trader will adhere to the Rules and policies and procedures published by
the Company on its website or provided to Trader and Trader acknowledges that such Rules and
policies and procedures may change from time to time and it is the obligation of Trader to stay
informed of the policies,
4.8. No actual trading in live futures markets will occur under the Program or
through the Sim Trading Account,
4.9. Trader has no right, title, or ownership in any property, funds, or positions
in the Sim Trading Account and that, in any event, all such property and funds are simulated and
therefore fictitious and not capable of ownership by or distribution to Trader or any other Person,
4.10. Trader’s participation in the Program is solely for himself or herself and
not for or on behalf of any other Person,
4.11. Trader has read and understands the Plan Terms and Conditions (and the
terms and conditions of any New Plan);
4.12. Sim Capital is not real currency and Trader has no right to it beyond the
scope of its use in connection with the Sim Trading Account and the Services (in particular, they
cannot be used for actual trading),
4.14. Trader shall not distribute, upload, or transmit any software or other
computer files that contain a virus or other harmful component, or otherwise impair or damage
the Company’s Program, platform or any connected network, or otherwise interfere with any
Person’s use or enjoyment of the Program,
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4.15. Trader is solely responsible for all simulated trading gains and losses in
the Sim Trading Account and the Company shall have no liability for any such gains or losses,
4.16. the Company solely communicates using the English language and Trader
possesses the necessary proficiency in the English language to communicate for all purposes
necessary and incidental to this Agreement.
In no event shall Trader take, directly or indirectly, any action that has the effect of
circumventing or violating the terms and conditions set forth in this Agreement, including any
action that impairs, frustrates or otherwise circumvents the Company’s rights under this
Agreement.
5. Relationship of the Parties. In performing the Services, Trader shall act in the
capacity of independent contractor with respect to the Company and shall not be deemed an
employee or agent of the Company. As an independent contractor, Trader shall accept any
directions issued by the Company pertaining to the goals to be attained and the results to be
achieved by Trader, but the particular hours to be devoted by Trader to the performance of his
services hereunder and the methods, manner and details of performing such services shall be at
the sole discretion and control of Trader and Trader will make independent trading decisions in
executing its or his responsibilities. Trader shall not have any right or authority to assume or
create any obligations or to make any representations on behalf of the Company or any of its
affiliates. Trader shall not be eligible to participate in any of the Company’s benefit plans, fringe
benefit programs, group insurance arrangements or similar programs. Nothing in this Agreement
shall create fiduciary relationship between the Company and Trader.
6.1. The term of this Agreement (the “Term”) shall commence on the date hereof and
shall continue until terminated by the Company or Trader upon seven (7) days’ written notice to
the other party; provided, however, that the Company may immediately terminate this
Agreement if it believes that Trader has breached this Agreement or has violated or may violate
the Rules or any Company policy or procedure. Any termination of this Agreement by the
Company shall be in addition to any other remedy available to the Company at law, in equity or
otherwise.
6.2. Notwithstanding anything to the contrary, a violation or breach of the Plan Terms
and Conditions shall not result in the automatic termination of this Agreement, but rather shall
require Trader to reset the Plan or enter into a New Plan, subject to the approval of the Company.
7.1.2. solicit, conduct business with, or perform services for, any of the
Company’s Business Partners; provided, however, that nothing herein shall prohibit Trader,
following the effective date of Trader’s termination of engagement with the Company, from
soliciting business or performing services of a type not performed or provided by the Company
during Trader’s engagement by the Company; or
7.1.3. interfere with, alter, or attempt to interfere with or alter, any relationship
between the Company or any Covered Employee or Business Partner.
7.1.4. As used herein, (A) a “Covered Employee” means any individual who is
or was, within the twelve (12) month period prior to the date of the applicable activity, employed
or otherwise engaged by the Company or any of its affiliates in any capacity (whether as an
employee, consultant, owner, member, independent contractor or otherwise), and (B) a
“Business Partner” means any Person that is or was, within the twelve-month period prior to the
date of the applicable activity, an investor, strategic partner, joint venturer or similar business
partner of the Company or any of its affiliates.
7.3. Non-Disparagement. Trader hereby undertakes and agrees that Trader shall not
make any oral or written statement or other communication that disparages or places the
Company or any of its affiliates or their respective principals, officers, directors, employees,
investors, partners, managers, members, investors, products or services in a false or negative
light; provided, however, that nothing herein shall preclude Trader from testifying as required by
lawful subpoena or other legal process, making good faith reports to governing regulatory bodies
or authorities, or communicating inside the Company consistent with legitimate business needs.
7.4. Confidential Information. Trader recognizes and acknowledges that Trader will be
entrusted with or have access to confidential and proprietary information that is the property of
the Company or its affiliates and/or third parties to which the Company or its affiliates owes a
duty of confidentiality (whether pursuant to Applicable Law, by contract or otherwise). Trader
therefore agrees that during the time he or it is engaged by the Company or any of its affiliates
and at all times thereafter, Trader shall (i) not, without the prior written consent of the Company,
directly or indirectly use, copy or duplicate, or disclose or otherwise make available to any third
party, any Confidential Information (as defined below) other than in the performance of Trader’s
duties with respect to the Company or any of its affiliates, (ii) not assert prior knowledge of any
item of Confidential Information that Trader cannot prove by clear and convincing documentary
evidence, (iii) take such protective measures as may be reasonably necessary to preserve the
secrecy and interest of the Company or any of its affiliates in the Confidential Information, and
(iv) not, without the prior written consent of the Company, utilize or convert Confidential
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Information for Trader’s own benefit or gain, of whatever nature or to the benefit or gain, of
whatever nature, of a third party. Upon ceasing to be engaged by the Company or any of its
affiliates for any reason whatsoever, or at any time requested by the Company, Trader shall
promptly deliver or cause to be delivered any and all Confidential Information in Trader’s
possession, custody or control. Trader further agrees that, except as required by law or to enforce
the terms of this Agreement, he or it will not disclose, publish or communicate any of the terms
of this Agreement (or any correspondence or discussions related to it) to anyone other than his or
its attorney, accountants or financial advisors to the limited extent necessary to review his or its
financial records or prepare tax returns. Trader agrees that prior to any such authorized
disclosure, he or it will inform the Person to whom disclosure is being made that the terms of this
Agreement (and any correspondence or discussions related to it) are confidential and obtain the
Person’s agreement to maintain the confidentiality of all such information. Trader acknowledges
that the Confidential Information is vital, sensitive, confidential and proprietary to the Company
and its subsidiaries and other affiliates. Notwithstanding the generality of the foregoing, clause
(x) of the definition of “Confidential Information” does not include any information, materials,
or data that is or becomes generally available to the public other than as a result of Trader’s
unauthorized direct or indirect acts. As between the Company and Trader, the Company is and
shall remain the exclusive owner of all rights, title, and interest in and to the Confidential
Information.
7.5. Blue Pencil. While the restrictions aforesaid are considered by Trader to be
reasonable in all circumstances, it is agreed that if any court of competent jurisdiction shall deem
such restrictions to go beyond what is reasonable in all circumstances for the protection of the
legitimate interests of the Company, then the court shall modify the restrictions at issue to the
point of greatest restriction permissible by law.
7.6. Remedies. Trader acknowledges and agrees that the covenants set forth in this
Section 7 (collectively, the “Restrictive Covenants”) are reasonable and necessary for the
protection of the Company’s business interests, that irreparable injury will result to the Company
and its subsidiaries and other affiliates if Trader breaches any of the terms of the Restrictive
Covenants, and that in the event of Trader’s actual or threatened breach of any of the Restrictive
Covenants, the Company will not have an adequate remedy at law. Trader accordingly agrees
that, in the event of any actual or threatened breach of any of the Restrictive Covenants, the
Company shall be entitled to injunctive and other equitable relief (without the necessity of
showing actual monetary damages or of posting any bond or other security), as well as any other
remedies available to it, including monetary damages. Trader further acknowledges and agrees
that, given the worldwide nature of the business of the Company and its affiliates, the scope of
the Restrictive Covenants is not limited to any specific geographic territory. Trader shall pay all
of the costs and expenses, including attorneys’ fees and court costs, that the Company incurs in
obtaining any judicial relief or in otherwise enforcing any of Trader’s obligations or the
Company’s rights under this Agreement in the event the Company prevails in such relief or
action hereunder.
8.1. Indemnification. Trader shall indemnify and hold the Company and its affiliates,
and their respective partners, shareholders, members, officers, directors, employees, attorneys
and agents (collectively, “Company Persons”) harmless from and against any and all claims,
assignments, liabilities, damages, losses, obligations, judgments, loss (including any sanction,
fine or penalty levied against the Company or any of its affiliates by any regulatory or
self-regulatory organization) and expenses (including reasonable attorneys’ fees and expert fees)
(collectively, “Losses”), relating to, resulting from, or arising out of (i) any breach by Trader of
this Agreement or any other written agreement between Trader and the Company, or (ii) Trader’s
negligence, willful misconduct, fraud, or violation of the Rules (as determined by the Company).
In addition to any other remedies available to the Company at law or in equity or otherwise, the
Company shall be authorized, in its sole discretion, to reduce amounts payable by the Company
to Trader hereunder or otherwise by such Losses. The provisions of this Section 8 shall survive
the termination of this Agreement for any reason.
8.2. Limitation of Liability. In addition to any limitations of liability set forth in this
Agreement, Company Persons shall not be liable to Trader for any Losses relating to, resulting
from, or arising out of (i) Trader’s use of the Program or Services; (ii) Trader’s performance
under the Program, or (iii) any action or inaction of any Company Person; except to the extent
that a court of competent jurisdiction finds, upon entry of a final judgment, that a Company
Person engaged in gross negligence, willful misconduct, or fraud with respect to Trader. The
liability of Company Persons shall be capped at the total amount of $1,000. Notwithstanding
anything to the contrary, under no circumstances shall Company Persons be liable to Trader for
any special, indirect, punitive, incidental, or consequential damages of any nature whatsoever,
whether or not the possibility of such damage was disclosed to, or could have been reasonably
foreseen by, any Company Person.
10. Amendments and Waivers. Except as otherwise stated herein, the provisions of
this Agreement may only be amended or waived with the written consent of the Company and
Trader. The waiver by a party of a breach of any provision hereof will not operate or be
construed to operate as a waiver by such party of any subsequent breach by the other party of any
provision hereof.
11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, legal representatives, executors, administrators,
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successors and assigns, subject to the limitations on assignment referred to in Section 12. Trader
hereby agrees to be bound by all of the terms and conditions of this Agreement.
12. Assignability. This Agreement shall not be assignable by Trader without the prior
written consent of the Company. The Company may assign this Agreement to any Person at any
time without the prior written consent of Trader.
13. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto, and supersedes and replaces any and all prior agreements, understandings and
discussions of the parties concerning the subject matter hereof and no statement, inducement,
representation, warranty or covenant with respect to the subject matter hereof by any party
hereto, or by any agent or representative of any party hereto, that is not contained in this
Agreement shall be valid or relied upon by, or binding between, the parties. The language used in
this Agreement shall be deemed to be the language chosen by the parties hereto to express their
mutual intent, and no rule of strict construction shall be applied against any party. Each party has
had the opportunity to conduct its own investigation in connection herewith, and no
representation, inducement, promise, understanding, condition or warranty not set forth herein
has been made or relied upon by either of the parties.
binding arbitration before JAMS (or its successor) (“JAMS”). The Company may commence
the arbitration process by filing a written demand for arbitration with JAMS, with a copy to the
Trader; provided, however, that either the Company or the Trader may, without inconsistency
with this arbitration provision, apply to any court in accordance with Section 14.1 and seek
injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved.
Any arbitration to be conducted pursuant to this Section 14.2 will be conducted in Dallas, Texas
by one neutral arbitrator operating and appointed from the JAMS panel of neutrals in accordance
with the provisions of JAMS Streamlined Arbitration Rules and Procedures in effect at the time
the demand for arbitration is filed. The arbitrator shall have the authority to award any remedy
or relief that a court of competent jurisdiction could order or grant, including, without limitation,
the issuance of an injunction; provided, however, that the arbitration award shall not include
factual findings or conclusions of law and no punitive damages shall be awarded. The fees and
expenses of such arbitration shall be borne by the non-prevailing party, as determined by such
arbitration. The provisions of this Section 14.2 with respect to the arbitration conducted
pursuant to this Section 14.2 before JAMS may be enforced by any court of competent
jurisdiction, and the parties seeking enforcement shall be entitled to an award of all costs, fees
and expenses, including attorneys’ fees, to be paid by the party (or parties) against whom
enforcement is ordered. The parties agree that this Section 14.2 has been included to rapidly and
inexpensively resolve any disputes between them with respect to the matters described herein,
and that this Section 14.2 shall be grounds for dismissal of any court action commenced by any
party with respect to a dispute arising out of such matters, in the event the Company elects to
compel arbitration. The Company and the Trader shall maintain the confidential nature of the
arbitration proceeding and the award, including the hearing, except as may be necessary to
prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in
connection with a court application for a preliminary remedy, a judicial challenge to an award or
its enforcement, or unless otherwise required by Applicable Law or judicial decision.
15. Services. The Services are derived from sources which the Company believes to
be reliable, but are not guaranteed by the Company as to accuracy or completeness and are
provided to Trader for educational and informational purposes only. The Services are not
intended to be, and should not be construed as, financial, legal, regulatory, tax or other
professional advice.
16. Third Party Beneficiaries. This Agreement is made solely for the benefit of the
Company and Trader, and the Company’s successors and assigns, and no other Person shall
acquire or have any right under or by virtue of this Agreement.
17. Force Majeure. Any performance or obligation by the Company may be excused
by the occurrence of events beyond the control of the Company, including but not limited to
flood or other weather-related emergencies; disasters, fires, strikes or labor or employment
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18. Severability. Any provision of this Agreement which shall be adjudged invalid,
illegal, or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the
extent of such invalidity, illegality, or unenforceability, without affecting in any way the
remaining provisions hereof in such jurisdiction or rendering that or any other provision of this
Agreement invalid, illegal, or unenforceable in any other jurisdiction.
19. Export Restrictions. The Company does not represent that any of the Program
or the Services are appropriate or available for use in any geographic location. The Program and
Services are subject to all applicable export restrictions. By participating in the Program or using
the Services, Trader agrees to comply with all export and import laws and restrictions and
regulations of any the United States (U.S.), European Union (E.U.), and its Member States and
United Kingdom (U.K.), and any other government with foreign agency or authority or
jurisdiction over relating to the Services and Trader’s use of the Services, including, without
limitation, the U.S. Export Administration Regulations (EAR) and the regulations and directives
implemented and enforced by the Office of Foreign Assets Control of the U.S. Department of the
Treasury (OFAC). None of the Program or Services may be re-exported, downloaded, or
otherwise transferred exported to anyone on, or installed by a national or resident of, any country
to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of
OFAC Specially Designated National and Blocked Persons (SDN List) or the Entity List or
Denied Parties List maintained by the U.S. Commerce Department of Commerce’s Table of
Denial Orders Bureau of Industry and Security (BIS). By participating in the Program or using
the Services, Trader also agrees not to engage in any activity that seeks and/or facilitates to
circumvent any applicable sanctions.
20. Sanction Restrictions. Trader represents and warrants that Trader is not the
subject or target of any sanctions administered or enforced by the U.S. Government (including,
without limitation, OFAC, BIS or the US Department of State), the E.U. or any E.U.
Member-State, the U.K. government and His Majesty’s Treasury, the UN Security Council, or
other applicable governmental authority (collectively, “Sanctions Authorities”). This includes,
but is not limited to, designation on any lists maintained by a Sanctions Authority (such as
OFAC’s SDN List, BIS’s Entity List, and BIS’s Denied Parties List). Trader also represents and
warrants that Trader is not owned or controlled by any party on any sanctions lists administered
or enforced by a relevant Sanctions Authority. By participating in the Program or using the
Services, Trader also represents and warrants that Trader is not located, domiciled, or ordinarily
resident in, or constituted or incorporated under the laws of a country or region subject to
comprehensive sanctions.
21. Survival. The provisions of this Agreement shall survive the termination or
expiration hereof with respect to any matter arising while this Agreement shall be in effect.
Without limiting the generality of the foregoing, all provisions of this Agreement which by their
nature extend beyond the expiration or termination of this Agreement, including but not limited
to the parties’ obligations, representations, warranties, and covenants, shall survive the
termination or expiration of this Agreement.
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23. Recitals. The parties agree the recitals are true and correct and that the recitals,
as well as the definitions set forth therein and in the preamble, are hereby incorporated into this
Agreement by reference.
IN WITNESS WHEREOF, the parties hereto have executed this Simulated Trader
Agreement as of the date first written above.
COMPANY:
By: _______________________
Name: Matthew Leech
Title: CEO
TRADER:
_______________________
[NAME]
Address: Kamra mohalla chandwara banaras bank chowk muzaffarpur bihar
Email Address: [email protected]
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Appendix A
This Appendix is part of and supplements the Simulated Trader Agreement (the “Agreement”)
and governs the terms and conditions specific to My Funded Futures, LLC’s (the “Company”)
Core Plan (the “Plan”). In the event of any inconsistency between these terms and conditions
and the Agreement, the Agreement shall prevail and control. Any terms capitalized but not
defined herein shall have the meanings ascribed to them in the Agreement.
1. Plan Structure
● One-Step Evaluation: The preliminary stage in which traders must achieve a predefined
profit target established by the Company (“Profit Target”), which is set forth in Section 2
below.
● Sim Funded: Trader may request periodic payouts subject to plan rules.
● Live Transition: Upon successful completion of the Sim Funded Phase, traders are
transitioned to a live funded account with specific parameters.
2. Definitions
This table details the essential rules for our $50,000 trading plan.
o Trailing Mechanism:
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▪ If EOD Equity > previous high-water mark, MLL moves up to that EOD
Equity value.
▪ This trailing update occurs once per day only and caps at Initial Balance
+ $100 (e.g. $50,100).
o Breach Condition: Occurs if, at any point throughout the day, equity falls below
the current MLL.
● Profit Target
○ Trader must net the Profit Target (Section 2) in one or multiple days without
violating any rule.
● Consistency Rule
○ Trader may not achieve more than 50% of the total Profit Target in a single
trading day.
○ If the consistency threshold is breached, the trader must continue trading until that
single day’s profit does not exceed 50% of the total profit accrued on the account
upon reaching the profit target.
● Contract Limits
0 - 999 1/5
1,000 – 1,999 2 / 10
2,000+ 3 / 15
● Trader may mix minis and micros provided that the weighted exposure (minis weighted
with a weight of 1, micros weighted with a weight of 0.1) does not exceed the maximum
allowed amount of mini contracts.
● The permissible number of contracts is determined by the account balance. Should the
balance decrease to a lower category, the number of contracts will be adjusted
accordingly.
● Permitted: There are no restrictions on holding or opening positions around Tier-1 news
releases in either Evaluation or Sim Funded phases.
5. Payouts
1. Eligibility
o Trader may request a payout after recording five (5) Winning Days (per Section 2
thresholds).
o 80/20 split of eligible Simulated Net Profits (80% Trader / 20% Firm).
5. Processing
o Payouts are typically processed the same day on business days, but may take up to
5 business days if further review is needed.
▪ 50K: $77
7. Live Transition
o 50 K = $2,500
● Any Sim Balance left on the account is forfeited during this transition.
● Traders may not operate on the Simulated Environment while transitioning or in the Live
environment. Remaining Sim or Evaluations account will be left in a “dormant” state or
refunded upon user request.
Zoho Sign Document ID: 34E94549-CS9RBCGVQAFK8EDNUGYGEE52FLII0SOVFQXD_NJQ1O4
● Prohibited Practices
o Trade-flipping
● Multiple-Account Abuse:
● Enforcement
o Breaches of any rule may result in account termination, profit forfeiture, or denial
of payouts.
● The Company reserves the right to suspend, modify, or terminate the Core Evaluation
Plan or any of its features at any time, with or without prior notice.
● Violations of any rule, parameter, or term contained in this Appendix may, at the sole
discretion of the Company, result in immediate disqualification, account suspension,
forfeiture of simulated profits, and/or denial of payout eligibility without refund.