IN-HOUSE TRADER AGREEMENT

This (“Agreement”) is effective as of this [INSERT DATE] by and between  XXXX, a limited liability company, having its principal address at KKKK(hereinafter “Company”) and [INSERT IN-HOUSE TRADER’S NAME], an individual residing at [INSERT ADDRESS] (hereinafter referred to as the “In House In-House Trader”), also individually referred to as “Party” and collectively referred to as “Parties”.

WHEREAS, the Company is an investment company engaged in the business of investing the pooled capital of investors in financial securities, and has multiple investment arms, including Forex Trading;

WHEREAS, the In-House Trader is desirous of trading on behalf of the Company using the capital provided by the investors; and

WHEREAS, the Company wishes to engage the In-House Trader’s services, and the In-House Trader wishes to accept such engagement;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

  1. APPOINTMENT.

The Company hereby appoints the In-House Trader for the purposes of trading under the Company’s investment strategies, subject to the terms and conditions of this Agreement.

  1. TERM.

This Agreement shall commence on the date of signing and continue until terminated by the Company or the In-House Trader upon thirty (30) days written notice.

  1. OWNERSHIP AND RIGHTS.

The Parties acknowledges that all In-House Traders engaged by the Company shall be considered In-House Traders, and as such, all rights, ownership, and control over these In-House Traders and their activities shall rest solely with the Company.

  1. NO CONFLICT WITH OTHER CONTRACTS.

 

  1. The In-House Trader represents and warrants that they are not under contract with any third party or restricted from trading with the Company due to any contractual obligations.
  1. The In-House Trader agrees to indemnify and hold harmless the Company against any loss, damage or liability arising out of any breach of this representation and warranty.
  1. In the event that a conflict arises, the In-House Trader shall promptly inform the Company in writing.
  2. CONFIDENTIALITY AND NON-DISCLOSURE.

 

  1. The In-House Trader shall maintain the confidentiality of any proprietary information, trade secrets, or other confidential information shared by the Company and its Account Managers.
  1. The In-House Trader shall enter into separate contracts and non-disclosure agreements (NDAs) with the Company and its Account Managers to ensure the protection of confidential information.
  2. NOTICES.

 

  1. All notices, reports, consents and receipts shall be in writing and shall be deemed duly given on:
  1. the date of personal or overnight courier delivery; or
  2. the date of transmission by electronic mail service, addressed as provided in the first part of this Agreement.
  3. Either Party may change its mailing address by written notice to the other Party in accordance with this Clause.
  • MISCELLANEOUS.
  1. Counterparts. This Agreement may be executed in counterparts, including by means of telecopied signature pages, any one of which need not contain the signature of more than one Party, each of which shall be deemed an original, but all of which together shall constitute the entire Agreement.
  2. Entire Agreement/Waiver/Amendment. This document, including attachments and exhibits hereto and any documents incorporated by reference herein, constitutes the entire agreement and understanding between the Parties regarding the subject matter hereof, and supersedes and merges all prior discussions and all oral and/or written agreements between them relating thereto.

No waiver, modification or amendment to this Agreement shall be valid unless in writing, signed by the Parties hereto. No usage of trade or course of dealing between or among any persons having any interest in this Agreement shall be deemed effective to modify, amend or discharge any part of this Agreement or any rights or obligations of any Party hereunder.

No failure or delay by either Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege.

  1. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws, but not the laws of conflicts, of the Great Britain. Any dispute, controversy, difference, or issue that may arise between the Parties arising out of or relating to this Agreement shall be heard and determined exclusively in the Great Britain, and each Party hereby waives and relinquishes all right to attack or vacate the jurisdiction or suitability of such forum or venue.
  2. Non-Compete. During the Term, and for a period of one (1) year thereafter, the In-House Trader shall not, without the Company’s prior written approval, provide to a competitor of the Company products or services substantially similar to the products and/or services the In-House Trader shall provide to the Company.
  1. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be found to be illegal or invalid under applicable law, such provision shall be either modified to conform to applicable law or considered ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.

If the finding of illegality or invalidity has a material impact upon the economic expectation of the Parties hereto, the Parties agree to make appropriate modifications to this Agreement to take such impact into account.

  1. Survival. The provisions of this Agreement concerning confidentiality, representations and warranties, intellectual and other property rights, work product ownership, right to audit, indemnification, insurance, dispute resolution (if any) and this subsection regarding survival, shall survive any termination of this Agreement.
  2. Preamble/Headings. The preamble is hereby incorporated in and made a part of this Agreement. The headings and subheadings appearing at the beginning of each section and each subsection are for convenience purposes only and are not a substantive part of this Agreement.
  3. Advertising and Publicity. Neither Party shall use the name or trademarks of, or refer to or identify, the other Party in publicity releases, or promotional or marketing materials or correspondence to others without first securing the written consent of such other Party.
  4. Attorney Review. The In-House Trader acknowledges that it has had an opportunity to consult with an attorney of its choice regarding the contents, subject matter, and desirability of entering into this Agreement and any and all collateral documents which may be necessary to carry out the intent of this Agreement.

IN WITNESS WHEREOF, the Parties have duly executed this Agreement by their authorized representatives.

The undersigned Company agrees to the terms herein and acknowledges hereof:

Name: __________________

Signature: __________________

The undersigned In-House Trader agrees to the terms herein and acknowledges hereof:

Name: __________________

Signature: __________________

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