[INSERT NAME OF YOUR COMPANY] FOREX TRADER ENGAGEMENT AGREEMENT
This FOREX TRADER ENGAGEMENT AGREEMENT (“Agreement”) is made and entered
into as of [insert date], by and between [INSERT NAME OF YOUR COMPANY]. (the
“Company”), with its principal place of business located at [insert address], and [INSERT
NAME OF THE FOREX TRADER] (“Forex Trader”), an individual with his principal place of
business located at [insert address].
RECITALS
WHEREAS the Company is engaged in the business of [insert a description of the
company]; and
WHEREAS the Forex Trader is engaged in the business of Forex Trading who shall be
contracted to perform certain duties and responsibilities on behalf of the company; and
WHEREAS the Company desires to engage the services of Forex Trader and the Forex
Trader has agreed to perform the services as provided in this agreement for the company.
The Parties have agreed that the provision of content shall be made on the terms and
conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the premises and the mutual promises,
covenants and agreements hereinafter set forth, Company and Forex Trader agree as
follows:
1. Engagement. The Company hereby engages the services of Forex Trader, and Forex
Trader agrees to provide the following services to the company;
1.1 Buying and selling securities on behalf of the company.
1.2 Evaluating trading algorithms.
1.3 Implementing effective trading strategies.
1.4 Working with quantitative researchers to improve trading strategies.
1.5 Recording and reporting each day’s profit and loss.
1.6 Regularly monitoring portfolios to ensure that they are guideline compliant.
1.7 Keeping abreast with changes in the financial market.
1.8 Assisting the company to attract new clients by maintaining and enhancing
marketing materials.
1.9 [kindly expound on the services to be offered by the Trader]
2. Term and Termination.
2.1 Term. The term of this Agreement shall be for a One (1) year period, commencing on
the [insert date] through [insert date] (the “Term”), unless earlier terminated as
provided herein, or unless extended by mutual agreement expressed in writing
signed by both parties prior to the expiration of the Term.
2.2 Termination. Notwithstanding anything in this Agreement to the contrary:
2.2.1 The agreement may be terminated by either party at any time without
advance notice, upon a material breach by the other party of any of its or his
obligations hereunder; and
2.2.2 The Term may be terminated without cause by either party upon thirty
(30) days written notice to the other.
3. Fees and Expenses; Services.
3.1 Fees. During the Term, the Company shall pay Forex Trader as follows:
3.3.1 For services performed during the Term, the Company will pay Forex Trader
at the rate of $400.00 monthly, payable on or before the 5 th day of each
month.
3.2 Business Expenses. Company shall reimburse Forex Trader for all reasonable, out-
of-pocket business expenses actually incurred by Forex Trader during the Term in
performing the Services; provided, that (i) any such expense is pre-approved by
Company, and (ii) Forex Trader submits to Company appropriate supporting
documentation for all such expenses in accordance with Company’s policies and
procedures.
3.3 Supplies and Equipment. Except to the extent that the Company may determine it to
be more convenient for Forex Trader to use equipment and supplies already owned
by the Company at site(s) where Forex Trader is performing services, Forex Trader
shall be responsible for furnishing, at his expense, all equipment and supplies
necessary for the provision of his or his services hereunder.
4. Additional Requirements for Services to Be Performed.
4.1 Reporting. Forex Trader shall regularly report, but no less than weekly during the
Term, on the progress of completion of tasks, and the hours incurred in performing
such tasks. The company shall communicate due dates for the deliverables to the
contractor when the task is assigned.
4.2 Best Efforts. Forex Trader agrees to use his best efforts in providing services under
the terms of this Agreement.
4.3 No Subcontracting. Forex Trader is being engaged to perform personal services
within his asserted areas of professional expertise, and shall not delegate or
subcontract any portion of the services to be performed hereunder.
5. Forex Trader & Company Relationship.
5.1 No Employment Relationship. The Company and Forex Trader each expressly
agree and understand that they are creating an Independent Contractor relationship,
and that Forex Trader shall not be considered an employee of the Company for any
purpose. Forex Trader is not entitled to receive or participate in any medical,
retirement, vacation, paid or unpaid leave, or other benefits provided by the
Company to its employees. Forex Trader is exclusively responsible for all Social
Security, self-employment, and income taxes, disability insurance, workers’
compensation insurance, any other statutory benefits otherwise required to be
provided to employees, and all fees and licenses, if any, required for the
performance of the services hereunder.
5.2 Non-exclusivity of Services Other Than to Competitors. This Agreement shall not
restrict Forex Trader from performing services for other clients or businesses;
provided, however, that during the Term of this Agreement, Forex Trader shall not
apply, bid, or contract for; or undertake any employment, Forex Trader work, or
consulting work with, any competitor of Company. The determination of which
businesses constitute “competitors” of Company shall be solely within the exclusive
discretion of the Company.
6. Work for Hire.
Forex Trader understands and agrees that (i) to the extent permitted by law, applicable
portions of the Work assigned to the Forex Trader shall be deemed a “work made for hire”,
and that Company shall be deemed the exclusive owner of all rights, title and interest in and
to such Work in any and all media, languages, territories and jurisdictions throughout the
world, now known or hereafter devised, including, but not limited to, any and all works of
authorship, copyrights and copyright registrations.
7. Conflicts of Interest and Ethical Conduct.
7.1 Performance of Services for Competitors. Forex Trader will notify the Company
immediately if, during the Term, he engages, or proposes to engage, in the
performance of services for any competitor of Company, or any vendor to or
customer of the Company. If Forex Trader performs services, whether as an
employee or an Independent Contractor, for a competitor of Company during the
Term of this Agreement, Company may terminate this Agreement immediately and
without further obligation. Additionally, to avoid the appearance or existence of a
conflict of interest, during the Term, Forex Trader must fully disclose in advance to
Company the terms of any proposed or actual services for a vendor or customer of
Company, and Company shall have the right in its sole discretion to disapprove the
transaction on conflict of interest grounds, or alternatively to terminate this
Agreement immediately and without further obligation to Forex Trader.
7.2 Compliance with Applicable Laws. Forex Trader, in his performance under this
Agreement, shall comply with all applicable federal, state, and local laws and
regulations.
7.3 Solicitation of Company Personnel. Forex Trader agrees to refrain from any
solicitation or recruitment (directly or indirectly) of any of Company’s employees
during the term of this Agreement and for a period after the expiration or termination
of this Agreement equal in duration to the duration of this Agreement. General
solicitation, not directed at Company’s employees, will not constitute a violation of
this Section.
7.4 Conditions Imposed by Company’s Customers or Vendors. Company’s customers
or vendors may from time to time impose restrictions or conditions, including
conditions of confidentiality, on Company and personnel working with the Company.
Forex Trader agrees that such terms and conditions, of which he has been notified
in writing, form an integral part of this Agreement, and Forex Trader covenants and
agrees to accept and comply with such additional terms and conditions.
8. Confidentiality and Non-Disclosure.
8.1 Confidential Information Defined. As used herein, the term “Confidential Information”
shall mean and include, without limitation, any and all trade secrets, secret
processes, marketing data, marketing plans, marketing strategies, Client names and
addresses, prospective Client lists, data concerning Company’s products and
methods, computer software, files and documents, and any other information of a
similar nature disclosed to Forex Trader or otherwise made known to him as a
consequence of or through his relationship with the Company.
8.2 Confidential Information Belongs to Company. All notes, data reference materials,
memoranda, documentation and records in any way incorporating or reflecting any
of the Confidential Information shall belong exclusively to Company, and Forex
Trader agrees to return the originals and all copies of such materials in his
possession, custody or control to the Company upon request or upon termination or
expiration of the Term of this Agreement.
8.3 Confidentiality Obligation. Forex Trader agrees during the Term of this Agreement
and thereafter to hold in confidence and not to directly or indirectly reveal, report,
publish, disclose or transfer any of the Confidential Information to any other person
or entity, or utilize any of the Confidential Information for any purpose, except in the
course of services performed under this Agreement.
8.4 Injunctive Relief in Event of Breach. Because of the unique nature of the
Confidential Information, the undersigned understands and agrees that Company
will suffer irreparable harm in the event that Forex Trader fails to comply with any of
his obligations under this Section 8, and that monetary damages will be inadequate
to compensate Company for such breach. Accordingly, Forex Trader agrees that
Company will, in addition to any other remedies available to it at law or in equity, be
entitled to injunctive relief to enforce the terms of this Section 8.
9. Representations and Warranties.
Forex Trader hereby represents and warrants that, as of the date hereof and continuing
throughout the term of this Agreement, he is not and will not be in any way restricted or
prohibited, contractually or otherwise, from entering into this Agreement or performing the
services contemplated hereunder.
10. Dispute Resolution
All or any disputes arising out or touching upon or in relation to the terms and conditions of
this Agreement, including the interpretation and validity of the terms thereof and the
respective rights and obligations of the Parties, shall be settled amicably by mutual
discussion, failing which the same shall be settled through Mediation.
11. Miscellaneous.
11.1 Entire Agreement. This Agreement contains the entire agreement of the
parties with respect to the subject matter hereof and supersedes and replaces any
oral or written agreements heretofore entered into between the parties. This
Agreement cannot be modified, or any performance or condition waived, in whole or
in part, except by a writing signed by the party against whom enforcement of the
modification or waiver is sought. The waiver of any breach of any term or condition
of this Agreement shall not be deemed to constitute the waiver of any other breach
of the same or any other term or condition.
11.2 Interpretation, Severability and Reformation. Whenever possible, each provision of
this Agreement shall be interpreted in such a manner as to be valid and effective
under applicable law. If any provision of this Agreement shall be unlawful, void or for
any reason unenforceable, it shall be deemed separable from, and shall in no way
affect the validity or enforceability of, the remaining provisions of this Agreement,
and the rights and obligations of the parties shall be enforced to the fullest extent
possible.
11.3 Survival. To the extent consistent with this Agreement, all representations,
warranties and post-termination obligations contained in this Agreement shall
survive the expiration of the Term, or the termination, of this Agreement.
11.4 Binding Effect. This Agreement shall be binding upon and inure to the benefit of
Company and to any of its successors. This Agreement is not assignable by Forex
Trader, but shall be binding upon and, to the extent provided for in this Agreement,
inure to the benefit of Forex Trader’s heirs, executors, administrators and legal
representatives.
11.5 Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which shall
constitute one and the same instrument.
11.6 Governing Law. The validity and effect of this Agreement shall be governed by and
construed and enforced in accordance with the laws of Kosovo without reference to
conflicts of laws principles.
IN WITNESS WHEREOF, the parties hereto have executed this Forex Trader Agreement as
of the date first above written.
/s/_________________________
[insert name of your company]
[insert representative’s name]
[date]
/s/_________________________
[insert name of Forex Trader]
[date]
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