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RMDTrader introducing broker agreement

This client agreement, together with any Schedule (s), and accompanying /referred documents, as amended from time to time, sets out the terms of the contract between you and us. Please read these terms of use carefully before you start to use the site. By using our site you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms, please contact us or refrain from using this site.

Index

1. Parties to this Agreement
1.1. RMDTRADER, a company having a limited liability duly incorporated and registered in the Republic of Mauritius having its registered office at 8th Floor, Ebene Tower, 52 Cybercity, Ebene, Mauritius.

1.2. Introducing Broker (hereinafter called “IB”), whose name and address appear on the “Profile” section, which is an integral part of this Agreement.

2. Purpose of the Agreement
This Agreement sets forth the terms and conditions of the relationship between RMDTRADER and IB, who will introduce customers to RMDTRADER on a fully disclosed basis to trade in contracts for difference’s (CFD’s), Forex, Indices, Shares, Commodities and Crypto currencies in accordance to the terms set forth in the Terms and Conditions of RMDTRADER.
3. Definitions
3.1. “Company” shall mean RMDTRADER as defined in section 1.1.

3.2. “IB” shall mean introducing broker who will introduce customer accounts to RMDTRADER.

3.3. “Customer” means a customer of RMDTRADER who is introduced by the IB.

3.4. “Account” shall mean an account that is established for a Customer introduced to RMDTRADER by the IB.

4. Services of RMDTRADER
4.1. At its sole discretion, RMDTRADER shall open accounts to the customers introduced by the IB, provided they meet its qualifications criteria and suitability standard.

4.2. RMDTRADER agrees to accept instructions and orders from the Customers, and send statement of accounts to the Customers introduced by the IB.

4.3. Provide services to the customers introduced by the IB in accordance to the Terms and Conditions of RMDTRADER.

4.4. Provide a license to the IB to use its RMDTRADER trading software, forms, literature, newsletters, market reports and any other informational material provided by RMDTRADER.

4.5. Finders fees and commission to the IB in accordance to the attached Annexure 1.

5. Services provided by the IB
5.1. Introduce Customers who fully meet the qualifications and suitability standards of RMDTRADER, on a fully disclosed basis.

5.2. Deliver to Customer, and/or obtain from Customer and deliver to RMDTRADER, all documentation including, but without limitation, the Customer Account Opening Package, notices, and notifications.

5.3. Obtain and verify Customer information including, but without limitation, Customer’s personal details, information on the reputation of the Customer, its financial capacity and trading objectives.

5.4. Fairly and accurately describe RMDTRADER’s business and profile according to information provided by RMDTRADER.

5.5. Maintain ethical practices, high standard of business, and conduct its business in such a manner to reflect favourably on RMDTRADER.

5.6. Comply with any business-related instruction, terms or direction given by RMDTRADER in relation to IB services.

5.7. Keep records of all Customer Agreements, legal documents, diligence reports or any other information that may arise in the course of business with RMTRADER online.

5.8. Authorize RMDTRADER to inspect or conduct any due diligence it may require from time to time, without any limitation or means of investigation.

5.9. Notify RMDTRADER orally and in writing upon receipt of any Customer complaints or pending or threatened action raised against RMDTRADER in connection with any alleged errors, corrections, or any other matter on any Customer account.

6. Relationship between the parties
The IB is strictly not authorized to act as an agent, appointed representative or as any authority of RMDTRADER. For avoidance of any doubt, the IB will not make any recommendation, give advice, accept any commitment or guarantee, or accept any responsibility on any matter whatsoever for or on behalf of RMDTRADER.
7. Compliance, Supervision, and Due Diligence

7.1. The IB will diligently supervise the activities of its officers, employees and sales team, including its agents, to comply with RMDTRADER’s terms as well as local regulations.

7.2. The IB must immediately notify RMDTRADER in writing of any material claim against the IB, whether raised by a Customer or local regulatory agency.

7.3. The IB must introduce Customers to RMDTRADER.

7.4. The IB acknowledges that it may not accept funds from the Customers but must instruct the Customers to make deposits to RMDTRADER segregated client account.

7.5. The IB may not conduct discretionary trading on behalf of the Customers without a written and signed power of attorney from the Customers, which must be pre-approved by RMDTRADER.

7.6. The IB may not give any advice or trading recommendation to the Customers. For avoidance of any doubt, RMDTRADER will not be liable to Customers or the IB for any advice, decision or recommendation given or made by the IB to any Customer, and the IB will indemnify RMDTRADER from any loss or liability arising from any such advice, recommendation, default or neglect by the IB in relation to any customer services.

8. Deficit in Customer accounts
The IB will be fully liable for deficits incurred in its account or the accounts of the Customers it introduces to RMDTRADER and for delays or defaults in payment of any credit or margin to RMDTRADER. The IB hereby expressly authorizes RMDTRADER to withhold and deduct from its commissions any loss incurred, or potentially may incur, from delays or defaults of payment of credits or margins that may lead to deficit balances on the introduced Customers’ accounts.
9. Liquidation of positions
RMDTRADER shall have the right to liquidate any or all open positions on the accounts introduced by the IB in the event of, but not limited to, the following occurrences:

9.1. Insufficient margin to protect the position(s) in the Customer account;

9.2. Equity to margin ratio reaches 5% – at RMDTRADER’s sole discretion, contact RMDTRADER for more information.

10. Marketing and Advertising
The IB, under no circumstances, will use the RMDTRADER name, logo, or website, whether for information or educational purposes, except with the prior written authorization of RMDTRADER.

The IB will not advertise or circulate to customers or any other person any written information concerning RMDTRADER without the prior written approval of RMDTRADER.

11. Proprietary property
11.1. The IB acknowledges that the trading software provided by RMDTRADER to the IB and the Customers introduced by the IB is simply to facilitate and enhance the efficiency of transacting business with RMDTRADER.

The IB further acknowledges that business may be transacted by telephone and fax in case of failure of the trading software for any reason beyond the control of RMDTRADER, as solely determined by RMDTRADER.

11.2. Upon the termination of this Agreement by either party, the IB will return to RMDTRADER all proprietary property such as equipment, software and printed material.

12. Confidentiality
IB will keep confidential and will not disclose to anyone except with the prior written approval of RMDTRADER, during and subsequent to the relationship with RMDTRADER, all material information it receives during the course of business with RMDTRADER, including but not limited to Customer information, trade secrets, techniques, and other information relating to processes, strategies and future plans.
13. Indemnifications
The IB agrees to indemnify and hold RMDTRADER harmless from all losses, liabilities, damages, expenses claim, proceedings and attorneys’ fees resulting from:

13.1. Any breach by the IB of its duties under this Agreement;

13.2. Any misrepresentation made by the IB herein;

13.3. Any Customer claims relating to any agreement between the IB and the introduced Customers;

13.4. Any deficits on Customer accounts or the failure of any Customer to meet its obligations;

13.5. Any debts or obligations arising from the IB failing to comply with applicable local laws and regulations;

14. Severability
Any provision under this Agreement that becomes invalid shall be ineffective to the extent of such invalidity, without affecting the remaining provisions of this Agreement.
15. Assignment
RMDTRADER may assign its rights or delegate its obligations under these Terms to a third party with written notice to IB within 30 days of such assignment. IB grants RMDTRADER the right to transfer this Agreement to any successor organization. The IB is not allowed to assign any of its rights or duties under these Terms to any third party.
16. Headings
The paragraph headings in this Agreement are inserted for description purposes only and are not intended to limit the meaning of any of the Terms.
17. Entire Agreement
This and the attached Annexures between RMDTRADER and IB constitute the entire agreement between RMDTRADER and IB. RMDTRADER have made no representations or warranties other than those expressly provided within these Terms.
18. Termination
This Agreement may be terminated by either party upon 30 days written notice to the other party. During the 30 days, the Customers introduced by the IB shall be serviced by RMDTRADER and may be assigned to another IB to carry the accounts and provide IB services for the Customers. All commissions due to the IB up to the date of termination shall be paid to the IB upon clearance of any Customer obligation and settlement of all pending Customer transaction. RMDTRADER may terminate this agreement immediately by written notice to the IB in the event the IB does not comply with any of the following clauses:

18.1. The IB does not comply with the terms set out in this Agreement;

18.2. The IB, in RMDTRADER’ sole and reasonable opinion, provides inadequate service to Customers or ceases to provide service to Customers as set out in this agreement;

18.3. The IB is not in good financial standing and RMDTRADER feels the company is in process of liquidation, bankruptcy, or ceases to meet its obligations.

19. Communications and notices
Notices and any other communication may be transmitted to the IB via email, internal mail on software, or the address on the IB application. All communications sent by any of the above delivery methods shall be deemed transmitted by RMDTRADER, whether received by the IB or not.
20. No Waiver or Amendments
No terms of this Agreement may be waived or amended unless amendment is in writing and signed by both Customer and an officer of RMDTRADER. No oral or implied agreement to the contrary shall be recognizable. The attachments to this Agreement constitute an integral part of this Agreement.
21. Force Majeure
IB agrees that RMDTRADER will not be held liable for any costs, damages or losses caused by force majeure events, including but not limited to, government restrictions, exchange or market rulings, suspension or delay of trading, war, civil disturbances, earthquakes, strikes, equipment failure, communication line failure, system failure, unauthorized access, theft or any problem, technical or otherwise, which may prevent the IB or the Customer introduced by the IB from entering or modifying an order or prevent RMDTRADER from acting on an online instruction, or other events or conditions beyond RMDTRADER’s control, as determined and at the sole discretion of RMDTRADER.
22. General
22.1. IB acknowledges and confirms that it has read and understood the Terms in this Agreement and agrees on their terms and conditions.

22.2. Any failure by RMDTRADER to enforce its rights and remedies under these Terms shall not constitute a waiver of such right or remedy.

23. Governing law and jurisdiction
All actions, disputes, claims, demands or proceedings arising directly or indirectly in connection with, out of, or related to or from this Agreement, shall be held, at the sole discretion of RMDTRADER, only in the courts whose seat is within the Republic of Mauritius. IB hereby specifically consents and submits to the jurisdiction of any federal court located within the Republic of Mauritius. IB waives any claim that IB is not personally subject to the jurisdiction of any state or federal court located with the Republic of Mauritius or that the venue of any such suit, action or proceeding is improper or inconvenient.

IB may bring no action arising out of the Agreement, regardless of form, more than three months after the cause of such action.

The IB confirms that it has read and understood the terms of this Agreement. By signing below, the IB explicitly agrees to be legally bound by its terms and conditions.

Risk warning: Trading an intricate leveraged product such as Contracts for Differences (CFD’s) is highly speculative, carries a high level of risk and may result in the loss of all your invested capital. As a result, CFD’s may not be appropriate for all investors. You should be fully aware of and understand the specific characteristics and risks associated with the relevant products before trading in these products.

License Info: RMDTRADER is approved by the Financial Services Commission (FSC) Mauritius as a Global Business License holder under Section 72 of the Financial Services Act 2007 (Company number: 167074 C1 GBL) and as an Investment Dealer (Full Service Dealer, excluding Underwriting) under Section 29 of the Securities Act 2005 (Licence number: C118023752)

RMDTrade (Registration No. 2017/465134/07) is authorized and regulated by the Financial Sector Conduct Authority (FSCA) of South Africa (FSB license number 50259). RMDTrade is not a licensed Over the Counter Derivative Provider (ODP) provider but merely provides backoffice, technical and customer support for clients of RMDTRADER Mauritius. All client agreements are with RMDTRADER Mauritius.

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